ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresMontreal INTERVIEW questions

hey all :D

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 :luv:



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.
zyggyNot TellingCanada2006-03-27 12:15:00
K-1 Fiance(e) Visa Process & Procedurespacket 3 questions


Also police certificates....... from the age of 16 as well...... Should I just go to the police station to print ONE copy or do I need ALL of them (from all the places that I lived since I was 16???)

thx
Elunia28

You will need 1 for all the countries you have lived in from the age of 16....I dont know how you get these in Canada, I know in the UK you can download a form from the web or go to a police station to pick one up!!
Good Luck!! :yes:



For Canada, you need to go to your local RCMP detachment. They will issue you police certificate for all of Canada. If you have no criminal record, you can get a name-based police certificate. If you have had a criminal record of any kind, you'll have to get a fingerprint based certificate.
zyggyNot TellingCanada2006-03-30 11:23:00
K-1 Fiance(e) Visa Process & ProceduresPassport Question


No, a passport is not required to enter Canada from the U.S., at least not yet. There will come a time (I believe it's 2007) where everyone will require a passport.

All you need right now is your birth certificate and your driver's licence or state ID card.

What about duals (Canuck-Yank)?

Currently, I know I can carry my US passport (smallest, least awkward document to use) for re-entering US and show my Canadian Citizenship Card when entering Canada.

Will duals like me require a passport both ways?



Canadian citizens must enter Canada as Canadian Citizens.. US Citizens must enter the US as US Citizens.

Whatever proof that you wish to bring to satisfy an officer that you have those two stati would be fine...
zyggyNot TellingCanada2006-03-30 13:47:00
K-1 Fiance(e) Visa Process & ProceduresRFE Initial Evidence Request


Not that this helps you at all, but I would like to ask if this makes sense to anybody else.

I get that pictures are apparently not good enough for immigration, yea, sure we could all be photoshoping it up... BUT why then are airline ticket stubs and other pieces of paper worth anything?? I sent in pictures and airline tickets, and some other receipts of things from visits, but doesn't all that paper stuff just prove I visited Ireland?


Airline stubs and passport entry/exit stamps are not easily forged, at least in the practical scheme of things. The stubs prove that you, and only you have travelled using that ticket because these days your identification is checked, and double checked before you're allowed onto an airplane.

Passport entry/exit stamps obviously aren't easily faked either. Frankly, these items can be faked but the cost and risk makes it not worth the bother and renders these options impractical.
If you're going to go to this extreme it would be cheaper and easier to just simply take the trip and meet.....


Not that this helps you at all, but I would like to ask if this makes sense to anybody else.

I get that pictures are apparently not good enough for immigration, yea, sure we could all be photoshoping it up... BUT why then are airline ticket stubs and other pieces of paper worth anything?? I sent in pictures and airline tickets, and some other receipts of things from visits, but doesn't all that paper stuff just prove I visited Ireland? In my case, most of the receipts weren't even from the county that James's address has always been as most of my visiting was done while he was at college and a secondary address. If you were to take the pictures out of my pile of evidence, I would not think that it proved anything other then that I was in the country he lives in. Sorry, just a little rant about immigration...



Don't you pictures that show date. I believe there are many digital camera that you can set the date and time before taking pictures. You should have the 2 of you together with date printed when you have your pictures developed. That would show the USCIS that you 2 have met in person along with your passport exit/entry stamps and boarding pass...very important.

good luck to you

Bill


Bill.

Photos can be easily faked with false dates superimposed. The USCIS understands this.


An excellent form of evidence that you were present in the beneficiary's city is an ATM receipt.. or the line on the bank statement that shows how much money was withdrawn and the location it was withdrawn at...
zyggyNot TellingCanada2006-03-28 12:10:00
K-1 Fiance(e) Visa Process & ProceduresI-134, Question 11. What do I need to write in?

My mother is co-sponsoring my fiancee, who lives in Vietnam. Yes, that means we are dealing with the psychos at the HCMC consulate, who deny visas for any reason they can possible find.

In regards to the I-134: I still do not know what I should write for question 11 and my mother does not know what she should write for question 11.

It asks: That I Intend to make specific contribustions to the support of the person names in item 3. Indicate the exact nature and duration of the contributions. For Example, if you intend to furnish room and board, state for how long and, if money, state the amount in United States dollars and state whether it is to be given in a lump sum, weekly or monthly, or for how long.

What is the proper answer? If we get this question wrong, we're looking at a minimum of an additional 6 months waiting. We cannot deal with that. It would be crushing, so help us get it right the first time.

Thanks


This is a question that is geared for those who are staying in the US in a temporary fashion such as a student and are getting funded by a source that is external to the US

ALl you have to do is state "permanent relocation to the US on K1 visa, will reside with petitioner" or such..
zyggyNot TellingCanada2006-03-31 08:11:00
K-1 Fiance(e) Visa Process & ProceduresMax stay in the US

Thank you both very much!!!


However there are downsides to being in the US that long...

One is that he may have to pay US Income taxes another is that he could make himself ineligible for Canadian Health care..

Lots of things to look into...
zyggyNot TellingCanada2006-03-31 14:48:00
K-1 Fiance(e) Visa Process & ProceduresMax stay in the US

SOOOOOOOOOOOOOOOOOO......can he stay for 5 months without having any stamp in his passport..just a wave through the border.



Yep.. he can stay in the US as a visitor for up to 6 months.
zyggyNot TellingCanada2006-03-31 14:36:00
K-1 Fiance(e) Visa Process & ProceduresMax stay in the US


One more thing..sorry for all the questions. While everything is being processed, am I allowed to fly up and visit him in Canada once he goes back?? Or is that not allowed?


Of course you can, unless you have a reason that Canada Customs would deny you entry.




Canadians are ineligible to get visitor visas as they are permitted to visit the US without a visa by treaty.
They can visit the US for up to 6 months (not 180 days, there is a difference). However, they cannot use this to keep on visiting the US, they need to prove that they are spending more time in their own country...


NOBODY is permitted to visit the US without a visa.

Canadians are given implied B-1 or B-2 visitor visas every time we enter. It is very rarely stamped or entered in our passports, but that is the visa under which we enter as a tourist. If as a Canadian, you insisted on having your passport stamped when you entered the US, you would notice that they would write "B-1" or "B-2" on the stamp (depending on which one you were using - business or leisure).



I'm afraid that you are incorrect... It is not an implied B1 or B2 visa.. there is no visa. Canadian Citizens are given visitor status when the are admitted to the US, but they do not require a visa to be granted admittance. You should learn the difference between a visa and a status.


This is what I was told on numerous occasions by USCIS officers when travelling from Canada to the US. I also had an immigration attorney tell me the same thing. I have B-1 stamps in my passport:

Posted Image



Yes.. you were granted B1 or B2 status when you entered the US... but you did not require a visa to be able to apply for that status at the POE. A visa only allows you permission to apply for a status from CBP at the POE...

Every other country that is not Canada requires a visa to enter the US. Some countries have been permitted to have their citizens not require visas based on the Visa Waiver Program. While any country can conceiveably be taken off the VWP list (France is going through that now), Canadian Citizens will always be able to travel to the US visa free (and vice versa) as this right is established by a treaty between the two countries.
zyggyNot TellingCanada2006-03-31 14:20:00
K-1 Fiance(e) Visa Process & ProceduresMax stay in the US


Canadians are ineligible to get visitor visas as they are permitted to visit the US without a visa by treaty.
They can visit the US for up to 6 months (not 180 days, there is a difference). However, they cannot use this to keep on visiting the US, they need to prove that they are spending more time in their own country...


NOBODY is permitted to visit the US without a visa.

Canadians are given implied B-1 or B-2 visitor visas every time we enter. It is very rarely stamped or entered in our passports, but that is the visa under which we enter as a tourist. If as a Canadian, you insisted on having your passport stamped when you entered the US, you would notice that they would write "B-1" or "B-2" on the stamp (depending on which one you were using - business or leisure).



I'm afraid that you are incorrect... It is not an implied B1 or B2 visa.. there is no visa. Canadian Citizens are given visitor status when the are admitted to the US, but they do not require a visa to be granted admittance. You should learn the difference between a visa and a status.
zyggyNot TellingCanada2006-03-31 13:31:00
K-1 Fiance(e) Visa Process & ProceduresMax stay in the US

If I'm not mistaken your fiance can cross the border and stay up to 180 days without paperwork. But must return or get a visitors visa if he plans on staying longer than the 180 days. Anyone else????


Canadians are ineligible to get visitor visas as they are permitted to visit the US without a visa by treaty.
They can visit the US for up to 6 months (not 180 days, there is a difference). However, they cannot use this to keep on visiting the US, they need to prove that they are spending more time in their own country...
zyggyNot TellingCanada2006-03-31 08:08:00
K-1 Fiance(e) Visa Process & Proceduresevidence of having met in the past 2 years and ongoing relationship


A DNA test will verify paternity and that you had met within the past 2 years


Yep, I guess you couldn't get any better than that....It would be hard to prove that he knocked her up, er I mean that he made her pregnant three years ago.....

Hmm, on second thought, could it have been a artificial insemination?

Just kidding....I don't think they're smart enough to even think of such a thing. :lol:



If you were living over there.... a copy of your residence permit should help as well.
zyggyNot TellingCanada2006-03-31 08:06:00
K-1 Fiance(e) Visa Process & ProceduresLittle evidence of having met

I'll concur with everyone else here and suggest you put a few more things together. Have you tried contacting her family and asking them if they have any photos or any other evidence that you were with her?

The two pieces of evidence you have don't put you together in the same place at the same time in the last two years. The picture only proves that you've met, not that you've met in the last two years. And the credit card statement only proves that you were in the Netherlands, not that you met while you were there.

Good luck! :)


Better than that.. you have a golden opportunity... why don't you get married in the Netherlands and file an I-130 at the Consulate in Amsterdam. This will result in her getting a CR-1 visa which will result in the issuance of a GC when she enters the US on it. Amsterdam allows non-resident US Citizens the opportunity to file directly in Amsterdam.

If this meet your needs, this is a potentially much quicker way to get her to the US and the end result will be a much better visa.

Edited by zyggy, 31 March 2006 - 02:25 PM.

zyggyNot TellingCanada2006-03-31 14:24:00
K-1 Fiance(e) Visa Process & Proceduresneed help from canadians

hey all

does anyone know when I'm gonna receive packet 4 from Montreal? I sent packet 3 just yesterday on April 3rd, 2006..........

can't wait ppl

good luck

Elunia28


4 to 6 weeks...
zyggyNot TellingCanada2006-04-04 11:35:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiance' with our son on a B2 or VWP

No one here can tell you what a CO officer will do for sure. It is at their discretion whether or not to admit you, and they can ask you any questions they see fit. That said, you're well within your rights to visit here. Having other visas before that *shouldn't* have any bearing on your visit this time.

The only thing you can do is bring documentation to show ties to Italy, and hope for the best. Perhaps you could schedule your flights to go through Shannon, Ireland as that is a US port of entry (as far as immigration is concerned - not customs - I believe Dublin is also the same way, but research it for sure). That way, if you do get turned away, you wouldn't have as far to travel back home.



Perhaps it should be said that it's well within her rights to apply for entry to the US at a POE. No one has a right to enter the US except US Citizens. Semantics.. perhaps.. but an important distinction...

CBP Officers look at many forms of evidence in making a decision. The fact that you have little ties to your home country, will be spending a long period of time in the US, and are bring what is arguably the most significant tie to your home country with you in the form of your son would definitely give me pause... No one is telling you not to try because you can't win if you don't play, but the circumstances are a little stacked against you. Think about these issues and if it's important to you to go to the US, see what you can do to take steps that would reassure a CBP officer of your intent to remain a non-immigrant and return home at the end of your stay...

P.S. VWP holders can only stay for up to 90 days...
zyggyNot TellingCanada2006-04-06 07:56:00
K-1 Fiance(e) Visa Process & ProceduresVisiting the US while K-1 application is being processed

And may I suggest that if he does come to visit that he use the Pre-clearance centers at SHannon and Dublin airports.. that way if he does get denied, he'll only have an hour or so flight home instead of a lot more hours...


While this is always a valid option, unless the OP feels that her Fiancee has had some past issues with US immigration such as overstays or previous POE 'grillings' on earlier visits which might increase his chances of problems OR he happens to live in Ireland, I would say that flying via Shannon or Dublin is an unneccersary detour for most UK VWP visitors, even once a K-1 application has been submitted.

Given the number of people who have successfully travelled from the UK during their visa process compared to those who have had any kind of problems, I would say that unless he has any previous history of problematic visits to the US, he will be fine flying directly to the US.

Obviously there are no garuntees (pending K-1 or not) that a foreign visitor will be granted entry to the US, but under these circumstances, it's my opinion that he will breeze through his chosen POE with no problems at all.

Mark :)


Maybe.. but I would hate to be the guy who just got denied and has to face that long 8 hour flight back home... you never know when you'll be the one who was denied..
zyggyNot TellingCanada2006-04-04 15:42:00
K-1 Fiance(e) Visa Process & ProceduresVisiting the US while K-1 application is being processed

elizaxyz,

I was in a similar situation to the one that your Fiance is in. I am the UKC and at the time that we applied for our K-1 it was much easier for me to travel to the US than my Fiancee travel to the UK.

I visited the US twice after we submitted our paperwork, both times receiving no more scrutiny at US immigration than on any of my previous visits.

As previously mentioned there is no reason for him to not travel but he should travel prepared to answer any and all questions that he might get asked. Although I knew I wasn't doing anything wrong, on those two occasions when I did travel I had a large envelope containing additional proof that I fully intended to leave the US at the end of my stay and had significantly binding ties to the UK still. I had a letter from the HR dept. at work stating that they knew I was on vacation and when they expected me back in work. I also took recent cellphone bills, bank statements and any immigration related documents I had at the time in the hope that if the POE officer did doubt my intentions to leave, I could use these documents to try and persuade him. As it happens I was never even asked any extra questions let alone asked for additional documentation that I planned to go home.

Your Fiancee can go ahead with his travel plans. Answer any questions honestly because there is nothing about his trip that should cause him any problems. Take any extra proof of ties that he can get his hands on but don't slam all that down on the POE officers desk unless asked for it.

Enjoy your visit.

Mark :)


And may I suggest that if he does come to visit that he use the Pre-clearance centers at SHannon and Dublin airports.. that way if he does get denied, he'll only have an hour or so flight home instead of a lot more hours...
zyggyNot TellingCanada2006-04-04 15:29:00
K-1 Fiance(e) Visa Process & ProceduresMontreal takes forever

Montreal is slow i believe most of we Torontonians are moving to the US and also one shld be aware that for the whole of canada we hve only 2 places tht wrk fo rour K visas



If you want the slowest consulate in the western world.. try Ciudad Juarez or Santo Domingo... you have to wait as long as a year to get an interview out of those places... I'm sure those people would give their right arm to trade places with you....

In reality 2 or 3 months isn't that bad... just relax and enjoy the ride...

Edited by zyggy, 07 April 2006 - 02:23 PM.

zyggyNot TellingCanada2006-04-07 14:23:00
K-1 Fiance(e) Visa Process & ProceduresOriginals for K-1 Interview

Really??? Including my fiance's US passport?? Does he need to mail that to me??



No.. the consulate can verify the authenticity of a passport through their own internal system. The original passport of the USC does not need to be submitted.

Edited by zyggy, 10 April 2006 - 12:49 PM.

zyggyNot TellingCanada2006-04-10 12:49:00
K-1 Fiance(e) Visa Process & ProceduresOriginals for K-1 Interview

There have been numerous posts on this topic which I've read (and re-read!!) but still I'm a bit foggy on this issue. Sorry to duplicate questions (!!) but can anyone tell me which originals of what docs need to be taken to my interview at the Consulate??

I think I'm clear on the fact that I don't need to bring my fiance's passport with me. Also, I will bring my own original passport, original birth certificate, and original police certificate (plus bring an extra copy of each of these docs for them to keep).

But regarding the other original docs sent as part of the I-129F petition...this is where I'm unclear. I sent those off when I originally filed my I-129F. So, which original docs are they asking me to bring with me?? I can bring a copy of the I-129F packet (if that's what they want).

Sorry to be so dense but I'm very confused about this. Is anyone able to help me please??



Every original of a document that was photocopied and placed in your I-129F package is subject to verification by the consulate.
zyggyNot TellingCanada2006-04-10 12:46:00
K-1 Fiance(e) Visa Process & Proceduresmarriage on a tourist visa

Well, I know the thoughts of going through Tourist visa and then marriage will be in our mind. To actually do it is not sure. Before I asked, the some people posted negative comments of doing it because of FRAUD issues. That is worrisome and not sure if its worth the risk of complictions. Then again, we might do it at the "spur of the moment" even if we come to a conclusion of not doing at first.

Any thoughts?



You're talking about it.. you have the intent... period..
zyggyNot TellingCanada2006-04-10 13:06:00
K-1 Fiance(e) Visa Process & Proceduresmarriage on a tourist visa

Actually, as far as I know, if your intentions are not to stay in US after this marriage, there's nothing wrong with getting married while on a turist visa. Many websites I visited had propaganda saying "Come get married in (insert US place here) and have your honeymoon at the (insert name here) ressort", even when both parties are foreign.



Yes.. the issue comes up with the INA 214B immigrant intent provision. You will get a CBP officers attention when someone admits that they are getting married to a USC during their period of authorized stay. It can be a pretty high bar to prove to a CBP officer that someone who is marrying a USC on that visit has no intention of staying in the US after the marriage. It is natural for married couples to want to be together.

Indeed there are many CBP officers that won't permit an entry to a alien that has ties to the US as significant as a spouse.

Edited by zyggy, 10 April 2006 - 12:26 PM.

zyggyNot TellingCanada2006-04-10 12:24:00
K-1 Fiance(e) Visa Process & Proceduresmarriage on a tourist visa

Has anyone tried it before on a tourist visa? I have been wondering about the same thing. My situation is a bit different then the creator of this subject.

This morning, my fiancee woke me up around 4am in the morning saying she got her tourist visa(which I thought she would not get it since she is a Chinese citizen going to school in London).

So I'm exploring if it's a good idea to maybe marry her once she arrives in California or not. I've read the application for spouse coming to US where there is a paragraph that states that if she is already in the US, you can apply for XYZ form for her to stay in the US while they are processing it.

So anyone tried it before and share their experience. I really wish to have her come here as soon as possible. Currently I'm slowly filling out the Fiancee visa forms and send them to USCIS sometime next month.

**Apologies if some think I should create a different subject. I thought of posting it here since its a bit releated**



By stating that fact that you are planning to have her stay in the US after she arrives on a tourist visa, you are already well on the path of committing visa fraud. To enter the US with the intent to get married and stay is illegal.
zyggyNot TellingCanada2006-04-10 12:17:00
K-1 Fiance(e) Visa Process & Proceduresmarriage on a tourist visa

using a tourist visa to enter the U.S. with the intention of staying is misuse of the tourist visa and is considered fraud. If you want to get married in the UK, he can then petition for CR1/IR1 and K3. If you want to get married in California, he can petition for K1.

You can come on a tourist visa and get married and then return home and then file for the CR1/IR1 and K3.



It's perfectly fine and legal to get married in the US on a tourist visa as long as your intention is to return home...

The problem is that you may have to convince a CBP officer of that fact... there is a significant risk of your not being permitted to enter the US if CBP knows of your wedding plans...

The answer to your second question is no... once you are married and have left the US, it is very difficult to be able to prove to a USCIS adjudicator that it was your intention to immigrate after you are already married. The risk of denial due to adjusting your status based on tourist status from an entry after your marriage is relatively higher and is not worth the risk IMHO...

You have quite a bit of time between your civil marriage and your church marriage. I would file an I-130 after your civil marriage and go though with consular processing of your CR-1 visa. When you enter with a CR-1 visa, you become a permanent resident and can travel back and forth between the US and the UK at will.

Edited by zyggy, 10 April 2006 - 11:49 AM.

zyggyNot TellingCanada2006-04-10 11:49:00
K-1 Fiance(e) Visa Process & Proceduresthis makes no sence





Unfortunately, this is fairly common with the USCIS. They obviously have a bunch of (poorly) trained chimps going over the applications.

I recall one person on here a few months ago who got an RFE for something he had sent in the original I-129F application. He got another copy of the item and send it back to them again. They then denied his application because they said it was missing, even though he had sent it to them twice. He wrote a really nasty (but funny) letter (that he posted online here for us all to read) and sent it to them, knowing he had nothing to lose at that point. The letter pointed out their incompetence, and asked why he had received an RFE, then a denial for something he had provided twice. They sent him back an NOA2 in reply (no explanation given).


Now THAT definitely sounds like VJ urban legend... :lol:


Aw #######, I was afraid someone was going to say that. Now I'm going to have to go hunt the thread down...

I'll vouch for the thread in question :thumbs: :lol: he was as game as taking that stand and it could of backfired on him and the petition.


Actually by the timing that the individual sent the letter, it is my beliefe that they approved the petition before they would have received the letter...

What would have happened if they would have getten the letter before they approved.. who knows..
zyggyNot TellingCanada2006-04-10 14:15:00
K-1 Fiance(e) Visa Process & ProceduresNOA2 FINALLY!!!! AND DIDN'T KNOW ABOUT IT

HI!!!

I'm really happy because I finally got my NOA2 :dance: !!!!! My fiance and I decided to hire a lawyer for our process and since we didn't see any changes since Jan 26th we decided to give her a call.... Surprisingly she told us that she received the NOA2 on March 8th and that she is awaiting for my visa packet and scheduling... We were totally in shock since there was no change in the USCIS webpage since the NOA1 and now it seems that the interview date must be around the corner!!!!

For all of you that have your NOA 1 around my date (Jan 23rd) try calling CSC because maybe you've already approved for your NOA2 and are not aware of it....

YIIIPPPEEEEE!!!! soon I'll be reunited with my other half!!!!!!!! :luv:



Yeah.. why didn't your lawyer let you know about the NOA2.. and more interesting.. why didn't you receive yours...

Get a copy of that NOA2. That piece of paper is gold... Call your lawyer and ask them to send a copy to you..
zyggyNot TellingCanada2006-04-11 10:36:00
K-1 Fiance(e) Visa Process & ProceduresTwo-year home residence requirement (HRR) & K-1 visa

Hi there!

Our K-1 petition has been approved and I returned packet III to the US consulate in Frankfurt/Germany.

However, I am a former exchange visitor who came on a J-1 visa (including the two-year residence requirement) to the states. Therefore, the US consulate sent more forms (DS-230 Part II and "statement of exchange visitor alien" - see attached PDF) on which I have to disclose further details about my J-1 stay in the US (if government funding was involved etc). They also asked for copies of my J-1 visa and the associated DS-2019. According to their forms I am going to be ineligible for a K-1 visa as I haven't fulfilled the two-year home residence requirement (HRR).

About ten month ago I applied for a waiver of the the HRR (based on "No objection") and got a favorable recommendation from the Department of State (DOS). The favorable recommendation was forwarded to the California Service Center (CSC) which is supposed to make the final decision and issue the actual waiver. However, CSC was not able to process the application within their projected processing time of 60 to 90 days. The case is still pending.

Has anyone experience regarding such a case? Is it possible to obtain the K-1 visa based on a pending J-1 waiver application/favorable DOS recommendation?

Any help gratefully appreciated! :dance:

Thilo


The consulate is absolutely correct.. they cannot issue you the visa until one of two things happen:

1) You complete the 2 year HRR requirement

or

2) you get a waiver of the HRR requirement from USCIS

Since you've alredy applied for the waiver.. you need to follow up with USCIS to see what's going on with that case... Have your USC Spouse contact the Imigration Liason at their congressperson or senator's office to find out about the status of the waiver. You'll need the WAC case number from the NOA for the waiver give to the Immigration Liason for them to follow up on your case.

Edited by zyggy, 12 April 2006 - 08:23 AM.

zyggyNot TellingCanada2006-04-12 08:21:00
K-1 Fiance(e) Visa Process & Proceduresairline tix

Goodmorning y'all!

Slightly off topic, but I have a question for all of you travelers... I'm going on vacation with my sweetheart to Greece in August. I want to meet him at his house in Florence, Italy before we take a ferry to Greece, except the plane tickets to Italy for August seem to be twice as expensive as they are now!! Last time I flew airfrance and paid $540... now they're $1200!

I know this is due to everyone's vacation time... but I was wondering if anyone has traveled over there during August before? Suggestions on the cheapest way to go? Maybe cheaper flights exist to other cities that have connections to Italy? I'm not really up to speed on any of them, so feel free to share what you know. I'm very familiar with the train system over there, so as long as I get myself to some city in Italy I can get to him...

Thanks for any advice! :star:


Sorry.. but any flight that you take to Europe in August is going to be for top dollar...

Some suggestions... Fly to Shannon or London and take RyanAir, EasyJet or any of the other European low cost airlines to get a better deal.. I think RyanAir flies to Pisa... I believe EasyJet does as well.

This is what my wife and I did the last time that we went to Italy and it saved us about $600 total..

Edited by zyggy, 12 April 2006 - 10:37 AM.

zyggyNot TellingCanada2006-04-12 10:34:00
K-1 Fiance(e) Visa Process & ProceduresARG! STUPID NEBRASKA

Be patient. many of us waited a lot longer.......


That statement means nada... don't rely on it...there was a time not too long ago when it used to take 9 months to get an approval, be happy it's taking as short as it has...

Edited by zyggy, 06 April 2006 - 01:15 PM.

zyggyNot TellingCanada2006-04-06 13:13:00
K-1 Fiance(e) Visa Process & Proceduresusing the system


I'm aware of the other types of visas, however the K1 seems to be faster and would work more to our benefit which is why I was asking the question to a group of K1 visa applicants...

My questions were more along the lines of what are your thoughts on us claiming we are engaged to get the visa? do you suggest waiting out the 90 days to see if things are working, or would you suggest fake the marriage right away so she can begin applying for AOS and work here? would it work? has anyone here done that? heard stories?

Thanks!


I don't think anyone here would ever advocate faking a marriage.



The K1 is not a getting to know you better visa... it's a commitment to spend the rest of my life with you visa...

True couples do not care about whether they will "fit in" or not, whether they can get used to the "culture" or not, whether they get along together or not...

True couples will do whatever it takes to make it work, becuase being together is the most important thing in their lives...

If you're unsure, then you need to spend some more time getting to know each other until you are both sure and are willing to take the steps needed to make things work... not just get together and pray that it works..
zyggyNot TellingCanada2006-04-11 09:31:00
K-1 Fiance(e) Visa Process & Proceduresusing the system

Hey All,

I have a concern that I don't see mentioned too often on here, but I'm hoping several will have an opinion about...

I am in love with my girlfriend, however she is not a US citizen and does NOT have a VWP. I have luckily been able to visit her every three months and we talk on the phone everyday, however I just started a new job and am not going to be able to take vacation time as freely.

I would like to pay for her to come visit me in the US, however we are not yet ready to get married. I would first like to see her spend time here, see how well her english improves, if she can get a job, if she's truly happy with me while away from her family, etc. before I REALLY pop the question. She is willing to move here to see if it works and I am able to support her. If things end up not working out (no matter how bad they get), I would see to it that she is taken care of or has arrangements to get home or whatever... (basically, I'm saying I'm a decent guy, I wouldn't leave her stranded in a foreign country after she moved here for me).

We're both willing to go through the hoops necessary to "marry", just for the sake of the paperwork, but I'm wondering what you all think about that... has anyone gone through with their marriage just to get their loved one over here? any thoughts on the risks? general comments?

Thanks


Your only real option is to get a visitor visa.. However, depending where she is from, it is generally very difficult for a single, young woman to get a visitor visa, especially if there is a USC fiancee involved.

To get the visa, she will need to demonstrate to the satisfaction of a consular official that she has sufficient ties to her home country that would require her to return home at the end of her visit. Having a fiancee in the US often results in an automatic denial of the visa (it is asked for on the visa application form).
zyggyNot TellingCanada2006-04-11 09:17:00
K-1 Fiance(e) Visa Process & ProceduresEntering the US on K1 visa - 6059B customs form


Hi,

My fiancee has her K1 visa and is coming here soon! I am trying to get her prepared for the forms they will give her on the airplane to fill out for immigration and customs. The I-94 looks pretty straightforward although I'm a little confused about what her country of residence would be listed as - I guess this is still the Philippines (her country of citizenship).

How does the 6059B work? This is the customs form. From what I can gather, she should list everything she is bringing, but "personal goods" which includes clothing, jewelery, etc should be listed but is exempt from customs tax. She also has a laptop. I couldn't figure out is this is exempt or not. Does anyone have any pointers to advice on this form.


Thanks,
Dave

Here is a link to a sample form.
http://www.cbp.gov/x...ration_form.xml



http://www.foreignbo...info-nonres.htm

I found this website that is really quite helpful with specifying what you can and can't bring etc and what is tax exempt. There is a section called Professional equipment in there that I think the laptop could come under. Don't know for sure but if so it looks like she wouldn't need to pay duty on it. As with household goods they say you don't need to. Hope this is helpful.

Lol it was to me as I was wondering if I'd have to declare like all my books, CDs and walkman etc but it looks like they'll be OK!



Professional goods refers to good that are broght in relation to a job... all of your fiancees items would be personal effects... since they are brought on her person, you would place used personal effects in the area and the value as 0. Personal effects of individuals who will be residing in the US are not subject to duty.
zyggyNot TellingCanada2006-04-14 06:20:00
K-1 Fiance(e) Visa Process & ProceduresGross income? --still unclear (form 134)

I would look for you, but it's 4am here and I'm really tired finally!! ;) I would think the answer to this question would be somewhere in the guide, and if not, on the USCIS site itself. Other than that, I'm sure someone out there will give you a more definitive answer tomorrow. All the best! M.



The income they count is the amount on Line 12 of your 1040. They will not count your gross receipts before your self-employment taxes and business deductions are taken out...

This is the risk of self-employment.. you personally want to make as little as possible to pay the least amount of self-employment taxes and pay as much of your expenses out of your business as you can... it works most of the time, but in this case it is working against you. Unless you want to try and find a co-sponsor, redo your taxes to get your self-employment income above 125% of poverty line.

Edited by zyggy, 17 April 2006 - 06:59 AM.

zyggyNot TellingCanada2006-04-17 06:59:00
K-1 Fiance(e) Visa Process & Proceduresbirth certificate

Quick question..
whats the difference between short and long birth certificate?



A short-form BC is typically a card that has the individuals name, DOB, and place of birth information

A long-form BC is usually on a letter or legal sheet of paper and included information such as the parent's names and birthdates and birthplaces, hospital of birth, vital statistics, etc.

Edited by zyggy, 19 April 2006 - 04:25 PM.

zyggyNot TellingCanada2006-04-19 16:25:00
K-1 Fiance(e) Visa Process & ProceduresTax records required?

What's the difference between a tax transcript and a copy of my tax return? I see the IRS has forms for both.

I have kept copies of my tax returns for the last three years, along with the accompanying W-2s. Is that sufficient, or should I request anything from the IRS? (I just got the email for the NOA2, and I also like to be as prepared as possible.



A tax transcript is a computer printout of the information that is on your 1040. It is actually somewhat perferred by the USCIS because it comes directly from the IRS. They're free so there's nothing disadvantageous by getting them... Copies cost money.. IRS transcript is free...

Edited by zyggy, 21 April 2006 - 12:06 PM.

zyggyNot TellingCanada2006-04-21 12:05:00
K-1 Fiance(e) Visa Process & ProceduresTax records required?

Nigel had a letter from my employer and bank and London didn't ask for anything else. If you have the tax returns handy I would say print them out and take them. But if not and you're not self-employed you probably won't need them.


Getting tax transcripts from the IRS is free if you call them at 1-800-829-1040.. It's always better to be over prepared than under prepared and getting an 221g. Get the tax transcripts and send a copy of them to your fiancee. You'll need them for your I-864 for AOS anyways..
zyggyNot TellingCanada2006-04-21 09:23:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs

hey everyone, thanks for yoru input, yes the meeting in canada would be an option and my girlfriend is coming to see me in the UK, that would be the reason why i wouldn`t be going over for another 6 months. its just very hard because she has a very busy schedule. i don`t own a house in the UK either so i can`t take a mortgage or antyhing like that, any ideas on what i could take?
another thing, when you say int he system, what does this mean exactly? do you mean that because i was grilled a little more than usual that they mark me and next time something comes up telling the new officer that i should be watched closely? sorry if i seem a little dumb, just all very new to me.


Yes... you have been flagged... in my opinion I think that your last admission into the US will be the last one that you will get until you get the K1 visa. I would not try to enter the US again... Your entry pattern indicates little to no ties to your home country.. that's difficult to overcome, even if you do lay low for awhile.

but thanks for your replies, hopefully if i`m not in for 6 months then it woudln`t be a problem the next time i came.
ok thanks
Creasy

on another note, anyone in here ever been turned away when trying to enter using the VWP? if so what implications does that have on your K1 petition?


Sure... people get rejected all the time... if the reason for your denial was due to the 214 B provision of the INA (immigrant intent), then it will have no impact on your K1 petition as the K1 overcomes that. If it was for another reason, like a misrepresentation, it will have an impact and will require a I-601 waiver to overcome.

Edited by zyggy, 05 April 2006 - 03:26 PM.

zyggyNot TellingCanada2006-04-05 15:22:00
K-1 Fiance(e) Visa Process & ProceduresLatvian Rules


I would like to ask a couple of questions.

1. My sweetie is a Latvian national living in England. How dificult is it for her to get a tourist visa to the USA? Same good chance as a British person or the proverbial 'snowball's chance in hell' as a Ukrainian?

2. If and when we strat a K1 can the interview etc be done at Grosvenor Square, London or does she have to return to Riga, Latvia?

All answers gratefully received. :D

We did a third-country case, back when. Typically, the foreign beneficiary is required to have 6 months *forward* poermission to stay in the hosting country.
IE: if she has a student or other long-term visa for the UK, London will take her case. If she is just visiting, no.
There is a thread on this topic here: http://britishexpats...ad.php?t=355311

Have you looked into DCF in Latvia? Reads to me here like it would be worth asking: http://www.usembassy...mmigration/i130
If you have no idea what I'm talking about, read the DCF Guide first :)
http://www.visajourn...custom&page=dcf


Latvia is attached to Warsaw... I'm not sure that Warsaw accepts a DCF from a non-resident USC.
zyggyNot TellingCanada2006-02-17 15:35:00
K-1 Fiance(e) Visa Process & ProceduresLatvian Rules

I'm assuming your sweetie is in the UK on some kind of visa, in which case, yes, she can interview in London.

I can't speak to how "easy" or "hard" the London consulate might be on a non-British national living there.



And if she was in Latvia, her interview would be in Warsaw as that is the IV unit that has jurisdiction over Latvia.
zyggyNot TellingCanada2006-02-17 15:32:00
K-1 Fiance(e) Visa Process & ProceduresB-2 Tourist visa MAX stay and which embassy for K1

The B2 CAN be valid for up to six months, but the actually time will be determined at the POE and written into your passport and on the I94 Arrival/Departure record.



and 6 months is granted VERY rarely... it's almost always 90 days...




If average K1 visa takes 9 months to process and interview, then it would be great if she can stay in the US for 9 months. Go back to China for 1 month waiting for the interview date. Then the next month back to USA.


Hmm, I'm not sure what you're asking there, but with K1 I don't believe you're able to stay while it's being processed. She'll be able to come over once it's been approved and you will have to marry within 90 days of her arriving.


Uhmm...its somewhat of an comment and plan. Why can't a person stay while K1 is being processed? We will be following the rules for B2 and I don't believe there is a rule that states that while K1 is being processed, you can not enter. From my last post, I know I can't marry my fiancee on a B2 visa.


To add... if she does have a K1 in the pipeline, CBP will know that she has one... it could make it harder for her to get entry into the US, especially since she'll essentially be in transition from the UK to China...

So let's put this together: finacee in US, no ties to the UK, and no real ties to China... sound like a recipe for possible entry denial to me...

Edited by zyggy, 11 April 2006 - 08:17 AM.

zyggyNot TellingCanada2006-04-11 08:16:00
K-1 Fiance(e) Visa Process & Procedurespolice report

I was looking into applying for the police report, but I have stayed in 4 different police districts since I was 16. Do I need to get a report from each area I have stayed in.

thanks in advance



You only need 1 police report from the UK... you get it at your local police service and it covers the entire country...
zyggyNot TellingCanada2006-05-02 07:52:00