ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresPORT of ENTRY

I've always flown out of Toronto....where's the point of entry for me then, Toronto??? I'm confused. Is there a thread that talks about ppl's experiences with point of entry



Yes.. your POE is Toronto..
zyggyNot TellingCanada2006-05-04 13:57:00
K-1 Fiance(e) Visa Process & ProceduresMarriage while on a B-2 Visa?

Hi,

I intended to apply for a K-1 Visa for my fiancee, but she wants to apply for a B-2 visa also. Is it possible to apply for both visas?

Is it possible to get married while she is in the USA on a B-2 visa, then adjust status?

Thanks



1) You cannot apply for both visas... you can only get 1 visa at a time..

2) You must divulge the fact that you have a USC fiancee on the DS-156 to apply for the B-2 visa. If she answers they she does have a USC fiancee on the form, the visa will likely be denied due to her perceived immigrant intent

If she lies and says no, gets the visa and gets married, she could be found to have committed fraud in obtaining the visa and sent back home with the added bonus of being inadmissible.

If you're in a fiancee relationship and you're going to get married in the US, get the K visa.

It is illegal to enter the US on a visitor visa with the intent to get married and stay in the US...
zyggyNot TellingCanada2006-05-05 14:05:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?

Kezzie is absolutely right - IF you marry on the spur of the moment. That isn't what the OP's attorney suggested. What he suggested was flat out fraud.



One of the attorney's on another board summarized it like this... the correct answer depends on where the client is sitting and what they intend to do.. (are they going to go back before the wedding)

If the question was I'm already here and want to get married what are my options... what Kezzie says may be appropriate. If they are in Canada or say that they are going to be in Canada between the wedding and now, the attorney's answer was inappropriate. However, I wasn't privy to the conversation between the OP and the attorney... depending on the questions asked, they may have given sound advice depending how the question was asked and how much info was volunteered on the part of the OP..

Edited by zyggy, 05 May 2006 - 02:01 PM.

zyggyNot TellingCanada2006-05-05 14:01:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?


Hello to all!
I've been advised by a well referred attorney not to apply for a K-1 Visa instead cross the US border as if I am visiting, marry while in the US, apply for change of status, (I-130 etc.) & to remain in the US while it gets approved. The attorney said they will not refuse our applications, etc. Of course I'm concerned with how this will be viewed - if viewed as fraud and if this will affect my approval for a green card. I was wondering what is your advise on this and why? He said he's had his Canadian clients do it all the time and they get approved.

Please help!
marilynn :unsure:



I have heard and know people who have done exactly that. Came across the border, got married and then filed their paperwork as a "spouse". I know someone who works for immigration and they don't like it but there's nothing they can do about it. You've already married a US citizen. I filed my K1 in January and then started hearing all these awful stories of it being very expensive, having to go to Montreal (I live in Vancouver) for the interview, and the amount of time it takes. I was told it could take up to 3 years!! So then I decided that if I didn't get my fiance visa by September (when kids start school) I was just going to just that and get married in Washington State. Thankfully I won't have to do that because my application is on its way to the Vancouver consolate. The people that I know that got married down there got a small fine and a slap on the hand at the interview in Seattle. Good luck with your decision.
:blink:


Wrong.. there is something they can do about it.. they can say that you misrepresented yourself to CBP and send you back with a ban on reentry.. It has been done on occassion..
zyggyNot TellingCanada2006-05-05 12:30:00
K-1 Fiance(e) Visa Process & Proceduresmexican-permanet resident questions


I agree with Boiler - I am from India and for an LPR to bring his wife from there is 7 years or so (someone told me recently); so best to file for citizenship and then either do the K1 or K3. (This would only take 4 to 6 months after you are a citizen as compared to 5 + years as a LPR.) Interestingly India now allows dual citizenship without too much hassle (fee is $250 at present.) Maybe Germany will have something similar by now. Good Luck



Thanks.. for the info. I did some research on this and acutally had gone to the german consulate but they denied me to keep my german citizenship. I was upset about it because I AM german. So anyway it would take like 10 months for the dual citizenship to go thru and another 6 for the US Citizenship to go thru and then maybe another few months for my bf's papers to go thru.
So I filled out the papers for the US citizenship and I guess I will have to loose the german one.
So I am a bit stuck because I want to be with my future husband... I guess we just have to get married when I go and see him in July. :yes:



Actually in your case it would be faster for you to wait until you get your citizenship and then apply for a K1 visa. K3 and CR-1 visas are currently longer than a year to get through the Consulate in Cd. Juarez. K1 visa applicants can walk-in to the consulate to get their visas. In your case, it's better to NOT be married and go for the K1.
zyggyNot TellingCanada2006-05-08 08:02:00
K-1 Fiance(e) Visa Process & ProceduresDelay Submission Until Tourist Visa approved?

Hi there. I am getting ready to submit the petition for a fiancé visa, but wanted to get some advice about the timing if we are planning to also apply for a tourist visa. My fiancé is Vietnamese, but she is currently in the UK studying. She has an appointment with the London embassy in two weeks for an application for a tourist visa.

My question is… do you think we should wait on submitting our petition for a fiance visa until her appointment? We don’t want to delay submitting our fiance visa, but then again, we don’t want to spoil our chances of her coming to the US to meet my family. From the posts I have read, it seems to be a grey area, but in general we are allowed to visit each other. We were just worried that if they saw her fiance visa petition, it could reduce her chances of getting approval for a tourist visa; but we were not sure how quickly they actually input any data into the system (it seems like from the timeline, that it takes a couple weeks for them to even open the file).

She has a pretty solid case for her tourist visa now (in process of completing her masters in the UK, rental agreement, job offer in Vietnam when she completes her masters), so we are pretty hopeful that she will be able to get a tourist visa to meet my family soon!

Thanks in advance!

Ezra


Actually she does not have a good case.. she has a fiancee in the US... The DS-156 application for a tourist visa requires that she disclose the fact that she has a fiancee in the US. If she does not check that box and she goes for a K1, she could be in a lot of trouble if she lied about it...

As the saying goes, you can't win if you don't try... but don't be surprised if her request for a tourist visa is denied...
zyggyNot TellingCanada2006-05-08 08:06:00
K-1 Fiance(e) Visa Process & ProceduresIn a twiddle! Need help and advice.

Does anyone have any good links on reasons for deportation on a VWP? What would be the reasons that someone would get deported on a VWP? What i understand from the description of the VWP, is that you actually waive your rights to appeal deportation. Is this correct?



There two reason why an AOS case can be denied in this instance:

1) The USCIS adjudicator does not believe that your relationship is a valid one and was entered into for the purpose of evading US Immigration laws.

2) The USCIS adjudicator believes that you misrepresented yourself on your intentions to immigration to the CBP at the time that you entered the US. This is where the questions that were asked of you and the answers that you gave are very important. Since you were taken to secondary and interrogated, there very likely are either notes of the interrogation or a possible recording of it. If your actions don't jive with the CBP officers notes, then the USCIS adjudicator could find that you misrepresented yourself to CBP and slap with you with a Deportation Order with a permanent ban on reentering the US.

You do not waive your rights to appeal deportation.. you waive your rights to appeal the USCIS adjudicators AOS denial.

You do waive your right to appeal deportation if you leave the US on Advanced Parole and return to the US before your AOS case is decided.

The second reason is why it is VERY important to talk to an attorney about your case and why what you were asked and the answers you gave are very important. The CBP has some record of the questioning. That is why maeuxna suggested that you write down what was asked and what you said... so that you can get it down on paper while it is somewhat fresh in your mind and can refer to it at a later date...

And to reinforce meauxna's message... Please Please Please do not encourage a tourist adjustment without suggesting that they go have a consultation with an attorney.. these are cases that can very well go wrong on slight differences in the facts behind the case. We are not qualified to give advice on the success of tourist adjustments because each case has a truly different set of circumstances... and unlike a K1 or K3 adjustment case where the facts have already been sorted out in a Consulate interview and a risk of denial is very remote, a tourist adjustment case can easily be turned on a small bit of detail... An attorney is the only qualified individual who can evaluate the facts and make a recommendation...
zyggyNot TellingCanada2006-05-08 07:58:00
K-1 Fiance(e) Visa Process & ProceduresFedEx didnt' deliver



so true... wish ya the best in this visa process...



What made you think that they were open on Saturday... THis is government we're taling about.. Monday through Friday..



well, lots of people get activity on Saturdays so I figured why not. Plus I checked signature release, so it would have been left there.

Well hopefully it gets there firt thing this morning.

We have a lawyer filing and I am waiting to hear if she got our papers filed last week so my thoughts are with you.



8:53AM today. Bring on the waiting! :huh:


There may be adjudicators that are working overtime on Saturday, but I assure that mail room is not working on Saturday. It's like someone who goes in on a Saturday... He may be there, a few other people may be there, but the receptionist isn't there, the guy who delivers the in-house mail isn't there and the gal in the mail room isn't there.
zyggyNot TellingCanada2006-05-08 10:23:00
K-1 Fiance(e) Visa Process & ProceduresFedEx didnt' deliver

so true... wish ya the best in this visa process...



What made you think that they were open on Saturday... THis is government we're taling about.. Monday through Friday..
zyggyNot TellingCanada2006-05-08 08:34:00
K-1 Fiance(e) Visa Process & ProceduresIn the middle of K-1 application, need to switch to student visa?


If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.


Well, everything we've read about the K-1 application process seems to suggest that it will take at least 6 months from start to finish. We filed in March, and then had to wait for a request for more information, which slowed things down a bit. Plus, from what I understand, the real time killer is going from Vermont to the Guangzhou office and then waiting for everything to go through down in the Guangzhou office.

Is it really as bad as zyggy suggests? I really hope not . . .



A student non-immigrant ivsa is NOT available to those individuals who have immigrant intent. Since you've filed for the I-129F, you've put USCIS on notice that you DO have immigrant intent. THerefore, you are not eligible for a student visa.. Sorry, that's how it works..
zyggyNot TellingCanada2006-05-09 11:05:00
K-1 Fiance(e) Visa Process & ProceduresIn the middle of K-1 application, need to switch to student visa?

If you went through Vermont, there is a very good possibility that your fiance will have her visa long before September. Vermont approves fiance visas in as little as a couple of weeks. Then, you'll just have to do the medical exam and interview and she can move here right after getting the visa.

Is there a reason that you suspect she may not have her visa before September?

Good luck.



Sorry, but since you've put in for the I-129F, you've established immigrant intent. You will very likely be unable to get a student visa...
zyggyNot TellingCanada2006-05-09 10:48:00
K-1 Fiance(e) Visa Process & ProceduresWhen can I move?

I have had a different experience. I moved most of my stuff down after my Visa was issued but before I activated it. I just put boxes in my car, and drive down, showing them my VISA but not using it. I know that there is no guarentee that they will allow me to cross, but as i live only 5 min from the border, I keep trying, and they haven't given my any problems yet. I called the POE several times to see if this is posible. I was told that it is up to the officer... So far, I have made 3 trips with my car full of boxes, and no problems. However, my fiance tried to take a load for me, and becuase he didn't have proof that the VISA was issued, they sent him back with the boxes.

I'm not recomending doing this, but it has worked for me.
38 days to my wedding!



The goods are dutiable until the time when you move, period...

On another topic, you're not even supposed to be allowed to cross the border as a visitor once the K1 is issued... You can only have one visa at a time. You are treading on very thin ice and are playing Russian Roulette.. I would hate to see you forced to use the visa when you don't want to...

Don't go to the US anymore. If you need something else done over there, send someone else over to do it..

Edited by zyggy, 10 May 2006 - 03:07 PM.

zyggyNot TellingCanada2006-05-10 15:04:00
K-1 Fiance(e) Visa Process & ProceduresWhen can I move?






The K-1 visa is only good for entry BEFORE you get married, so go ahead and move your belongings :)


You can move your belongings (used personal effects) duty free at the time of your entry into the US or after your entry. Your shipper will need a copy of your I-94, Your visa and a CBP Form 3299.

If you try to move your belongings before your entry on the K1, your goods are subject to duty.


So the only opportunity I'll have to move is when I actually activate that K1 Visa because once I activate it I can't come back to Canada....correct?


Thanks so much!!


You can have someone else move your stuff over for you after you arrive... EIther friends, family, or a mover...


Really??? I'd rather do that! I don't want have to move EVERYTHING in one day. What kind of documentation are they going to need when customs questions them??



What I told you previously.. Your I-94, a copy of your endorsed visa, CBP Form 3299, and an itemized listing of the goods.

Edited by zyggy, 10 May 2006 - 02:59 PM.

zyggyNot TellingCanada2006-05-10 14:58:00
K-1 Fiance(e) Visa Process & ProceduresWhen can I move?




The K-1 visa is only good for entry BEFORE you get married, so go ahead and move your belongings :)


You can move your belongings (used personal effects) duty free at the time of your entry into the US or after your entry. Your shipper will need a copy of your I-94, Your visa and a CBP Form 3299.

If you try to move your belongings before your entry on the K1, your goods are subject to duty.


So the only opportunity I'll have to move is when I actually activate that K1 Visa because once I activate it I can't come back to Canada....correct?


Thanks so much!!


You can have someone else move your stuff over for you after you arrive... EIther friends, family, or a mover...
zyggyNot TellingCanada2006-05-10 13:08:00
K-1 Fiance(e) Visa Process & ProceduresWhen can I move?

The K-1 visa is only good for entry BEFORE you get married, so go ahead and move your belongings :)


You can move your belongings (used personal effects) duty free at the time of your entry into the US or after your entry. Your shipper will need a copy of your I-94, Your visa and a CBP Form 3299.

If you try to move your belongings before your entry on the K1, your goods are subject to duty.

Edited by zyggy, 10 May 2006 - 12:48 PM.

zyggyNot TellingCanada2006-05-10 12:48:00
K-1 Fiance(e) Visa Process & Procedureslost foreign birth certificate

my concerns was that during the interview the Consulate officer might ask to provide proof that we are not related by presenting our original birth certificates. in that case i dont have my birth certificate



The only worry regarding consular officials in regards to the USC is that they are indeed a USC. I was not asked for my BC at any time other than for the initial petition, and that was for proof of citizenship.

Edited by zyggy, 11 May 2006 - 07:17 AM.

zyggyNot TellingCanada2006-05-11 07:17:00
K-1 Fiance(e) Visa Process & Procedurespolice certificate from Singapore

Hi VJ,
I'm having a problem with Singapore in getting a police certificate for why wife whom is a philippine citizen and currently living there. Her k3 visa interview is on 22 June and just found out in packet 4 she needs a police certificate from Singapore because she stayed there for 7 months. When i received optional form 169, 3 months ago it stated that if a applicant resided for at least one year they would need a police certificate from that country. Packet 4 states 6 months if applying for K visa. The problem is that I'm running out of time and I found a web site that does International criminal records search, and give you a certificate from there company of no criminal conviction. The web site is infocubic.com. Would this certificate from them work at my wifes interview or does it have to come from the CNCC in Singapore. Hope some one out there can help me. We have already spent so much time apart now and its got the wife and I worried.

Thanks


Available. The police records for Singapore may be considered complete from their origins to the present, except for the "occupation" period during World War II.

Applicants residing in Singapore should apply in person for a "Certificate of No Criminal Conviction" (CNCC) at Criminal Record Office (CID), Block D #02-01A, 391 New Bridge Road, Police Cantonment Complex, Singapore 088762, phone number 65-6435-8277, between 9:00 a.m. to 12 noon, Monday through Friday only. Applicants who are overseas may apply by correspondence to the above address. Alternatively, application can also be made online at http://www.spinet.gov.sg

The following documents should accompany the applications:

1. For Singaporeans: NRIC/current international passport;

For non-Singaporeans: Documentary proof of residence in Singapore must be shown - i.e. old/current passports or any relevant documents;

2. Exit permit, if applicable;

3. Two recent passport size photographs (3.5cm x 3 cm.); and

4. Application fee. Please check the website for current fee.

Processing time for the certificate is two to three weeks.

Former residents should write directly to the address given above for the necessary forms and instructions. Alternatively, they could have a set of rolled fingerprints taken by their local police authorities and submit this with photocopies of the documents listed above together with photographs, fee and postage charge. Singapore authorities also require that all immigrant applicants show proof of their intentions. The packet 3 cover letter bearing their name will suffice.
zyggyNot TellingCanada2006-05-11 08:01:00
K-1 Fiance(e) Visa Process & ProceduresEmbassy interview place

Hi, I am a bulgarian citizen currently residing in Ireland, working since 2003 with work permit and I am going to have my interview here in Ireland- I was told from my attorney my interview should be where I currently reside, i am not sure about students but i think it would be possible for your fiancee to have her interview in Canada. Take an advice from an attorney, but try a few and see the different opinions.

Oh, sorry, just to add, I know for sure that for B2 visitor visa the interview must be in her native country, of course she could try somewhere else also but the chances opf getting the visa are much smaller. Again- this is for B2, I am not sure about the K1 if she is only for short period in Canada on a student visa, but still my opinion is- most likely, yes, she could have the interview in Canada. Only opinion, I may be wrong.



As long as she has legal status in Canada, she can have her interview in Canada...

The consulate will ask for proof of her legal status before they will issue packet 3.
zyggyNot TellingCanada2006-05-12 15:36:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Visa and Section 8

Hm, not sure if I can help except that unless you can show you have enough actual liquid assets (as in money in the bank) you can't really self-sponsor. And that takes quite a bit so I don't think telling them you'll be supporting her will help esp. as it can take 4-6 months as we've read it to get to the point where you're legally allowed to work.

As for financial aid, I don't THINK that will hurt her, but as financial aid is meant to be used for university costs and is a loan that has to be paid back, I don't think she can list it as income.

If i'm wrong please someone correct me so I'm not giving him bum information. Sorry, I couldn't give you some better answers :unsure:



She can receive all the need based government assistance in the world... It's you that can't...
zyggyNot TellingCanada2006-05-12 14:40:00
K-1 Fiance(e) Visa Process & ProceduresNeed Information Please FAST

He may qualify for PETTY OFFENCE EXCEPTION. Read about classes of inadmissible alliens, there is one 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.

Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-[/color](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... Theft of more than $1000 would result in maximum prison time of more than a year... Petty theft is generally less than about $500 or so... So IMO, I don't think your exceptions would apply... 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 OP should anticipate that a waiver will be required and prepare herself accordingly. The good news is that there is a very good chance that the waiver will be approved... I suggest that the OP needs to channel her energies to creating a sucessful waiver package and less to attacking members here who are only telling her the way it is...

Sorry, but the world isn't fair and you won't always be told what you want to hear...

Edited by zyggy, 12 May 2006 - 09:09 AM.

zyggyNot TellingCanada2006-05-12 08:57:00
K-1 Fiance(e) Visa Process & ProceduresPregnancy While Waiting for K-1



I mean if a fatherhood test (DNA test) is needed for the report of the birth at the embassy in your country you should get this done a.s.a.p. - no K-2 needed for the baby - no hassle, just the test costs. I'm reading something like $250.00 more or less.
Anja


A K-2 visa will not be issued if the child may be a citizen, and the question will be asked if the BC lists the USC as the father. If another person is listed as the father, then his permission will need to be acquired to allow the child to go over. So there is really no way out of it, get the paternity test and register the child with the consulate.

Why wouldn't you want the baby to get their citizenship? All you will do is bring more red tape and hastle later....


Are you sure a K-2 will not be issued if the child is a US citizen but has not had a report of birth abroad issued for him? Is this written down anywhere? The way I see the it, if there is no consular report of birth, then the child doesn't have citizenship.

As for obtaining citizenship in the US, it is much easier for a child than trying for consular report of birth in a high fraud country. Once the child becomes LPR, he automatically becomes a citizen under Child Citizenship Act 2000. No need to apply for citizenship and no blood test.


If there is a question on whether a child is a citizen, the consulate will require that the determination of citizenship be resolved before a K2 will be issued.


The Child Citizen Act provides for citizenship in cases of adoption. In this case it would not apply... However, the child would become a citizen at the time his mother became a citizen. But why try to circumvent the rules... it's time not to do what may or may not be easier (which has the tendency to result in even bigger and more substantial problems that most may not forsee) and to do what is right. What is right in this case is todo the paternity test and apply for the Consular Record of Birth.
zyggyNot TellingCanada2006-02-13 11:01:00
K-1 Fiance(e) Visa Process & ProceduresPregnancy While Waiting for K-1

I mean if a fatherhood test (DNA test) is needed for the report of the birth at the embassy in your country you should get this done a.s.a.p. - no K-2 needed for the baby - no hassle, just the test costs. I'm reading something like $250.00 more or less.
Anja


A K-2 visa will not be issued if the child may be a citizen, and the question will be asked if the BC lists the USC as the father. If another person is listed as the father, then his permission will need to be acquired to allow the child to go over. So there is really no way out of it, get the paternity test and register the child with the consulate.

Why wouldn't you want the baby to get their citizenship? All you will do is bring more red tape and hastle later....

Edited by zyggy, 13 February 2006 - 09:09 AM.

zyggyNot TellingCanada2006-02-13 09:07:00
K-1 Fiance(e) Visa Process & ProceduresPregnancy While Waiting for K-1
In addition, in order for the baby to be able to travel to the US, a passport will need to be issued for the child, as these are only issued in the US (except for emergency circumstances), it may take awhile.

Edited by zyggy, 07 February 2006 - 03:34 PM.

zyggyNot TellingCanada2006-02-07 15:33:00
K-1 Fiance(e) Visa Process & ProceduresPregnancy While Waiting for K-1

Hi there,
Like some people already said - no problem here. We did that exactly like that:

Affidavit of Paternity is needed and can be done BEFORE the baby is born. Than registering the baby at the embassy with form FS-240 and pay a fee about $135.00 for that. At the embassy in Hamburg, Germany we had a lot of fun together because the woman had baby Henry swear to be Davids and my son... :lol:

I can not believe that this process is different in any other country... So you will be fine. Just be there as much as you can because it is very hard to be alone with the baby :crying: :( (F)

Good luck, Anja



Just like every consulate has rules covering how visas are issued, each consulate has different rules on how to process Consular Records of Birth. In some high fraud countries, the consulate often requires a paternity test before the consulate will issue the certificate. I have heard this done quite often in Manila, Lagos and HCMC.
zyggyNot TellingCanada2006-02-07 14:47:00
K-1 Fiance(e) Visa Process & ProceduresPregnancy While Waiting for K-1

Can you take a trip to your fiancees country for the birth? Your child is automatically a USC, but you do need to record the birth at the embassy. If you can't do this, I am sure there is another way to record the birth, but the baby would not be an immigrant and therefore wouldnt need a Visa.



Actually the child is not automatically a USC... there are some rules that have to be met. In addition, some hurdles may need to be jumped in order for the consulate to issue a Cansular Record of Birth if the baby was born out of wedlock to a USC father. Many high fraud consulates require a paternity test before the certificate will be issued.
zyggyNot TellingCanada2006-02-07 09:49:00
K-1 Fiance(e) Visa Process & ProceduresI don't trust Dominican mail system!


Why are you doing a K1... Do you have legal status in the DR. If so, have you considered getting married in the DR and then filing for DCF. It may be a better way for you to get a full CR-1 visa if you don't have to leave the DR for a little while.


Maybe the K-1 interview line is shorter in the DR? I know they have some hellish delays there...


Luis: use a PO Box for the mailing, and state your residence addy where asked--it's usually pretty clear. We had to do this too, as we don't have street delivery of mail in our village.



I was just asking the question in case time wasn't an issue and they didn't know about DCF...
zyggyNot TellingCanada2006-02-13 15:46:00
K-1 Fiance(e) Visa Process & ProceduresI don't trust Dominican mail system!


why can't you use the PO box? we did and my boy called them about this to confirm and they said that it was ok to use one for mailing purposes.

good luck



Thanks for the quick response!

Where exactly did you write in the P.O. Box? As your current address?

Please excuse my ignorance. :blush:



Why are you doing a K1... Do you have legal status in the DR. If so, have you considered getting married in the DR and then filing for DCF. It may be a better way for you to get a full CR-1 visa if you don't have to leave the DR for a little while.
zyggyNot TellingCanada2006-02-13 11:34:00
K-1 Fiance(e) Visa Process & ProceduresK1 interview

oh taking wedding pics PRIOR to marriage is a custom in HK. People in here usually take pics LONG BEFORE they really get married.

let me tell u a bit more... it's like 2 people wearing in those 'wedding costumes' to take some beautiful pics inside/outside

so... maybe i shouldnt show them a few of those pics?



Definitely do NOT show those pics...Don't show them to any government employee anywhere. And don't bring them in your luggage when she enters the US...

Hate to give people the wrong idea...

Edited by zyggy, 17 February 2006 - 09:59 AM.

zyggyNot TellingCanada2006-02-17 09:57:00
K-1 Fiance(e) Visa Process & ProceduresK1 interview


Hi,

hey you've got a really nice wedding photo there :)

ok... luckily i got a engagement ring (we sent that pic of me wearing the ring and holding the flowers to them on my application too :P) and actually we didnt take some wedding pics in HK when he came last time. so i hope it'll be ok.

but still i'll hope to hear more experiences from others here. thanks!



Oops... i saw a mistake ... i mean we DID take some wedding pics in HK..:P


Thanks for the compliment on the photo.
How did you take wedding pics if you aren't married yet?
If you submit photos that indicate you may already be married, you may run into problems with your K1 visa.


An interesting question... are you married or not... if you went through a marriage ceremony, you may be legally married even if you did not record it.
zyggyNot TellingCanada2006-02-17 09:45:00
K-1 Fiance(e) Visa Process & ProceduresCan fiance visit during process?

For gods sake of course he can come and visit you....its a free world and also the fact that immigration have no idea that you are going through this process.....their computers say nothing.Dont listen to the people on here who get all worried and negative about this.I was over in the states only 2 weeks ago and i was approved while i was there so it goes to show they have no evidence that you are applying for a fiance visa............



On the contrary... a CBP officer can find out if he wishes to...

I'd like to know where you got such intimate knowledge of CBP procedures of what their knowledge is...
zyggyNot TellingCanada2006-02-16 09:05:00
K-1 Fiance(e) Visa Process & ProceduresMarriage in a foreign country

If you get married, she cannot use the K-1 visa. Maybe the "someone" you talked to in Vienna was the receptionist or something.

It's going to be a big fat tip-off if her passport is in her married name and her visa packet is in her maiden name!



It's pretty easy.. if you get married in a legal ceremony, then you cannot use a K1 visa. The K1 visa is ONLY to have an unmarried person get married in the US.

If you get married in a non-legal ceremony and the COnsulate gets wind of it, then they will either deny the K1 visa because they believe you are already married or will require you to submit evidence that you are not in fact married before they will issue you the visa. While it is easy to prove one is married, it is difficult to prove that one is not married.

If you are caught by CBP, they won't even wait, they'll just cancel the visa and send you on the next plane back home.

If the USCIS gets wind of the marriage during AOS, they'll deny the adjustment and begin removal proceedings.

All in all.. it's just not worth the risk... If you wish to get married in a foreign country, go the K3 route.

Edited by zyggy, 17 February 2006 - 04:33 PM.

zyggyNot TellingCanada2006-02-17 16:31:00
K-1 Fiance(e) Visa Process & ProceduresDidn't get my visa....YET!!!

Hello everyone. Thought I'd update you on my visa experience. I had my interview in Montreal on Valentines Day, the day of love, but that didn't matter to the consulate. I was TEMPORARILY denied for a couple reasons. So for those who are getting nervous about an upcoming interview, don't be, because if you're not in my shoes and won't experience what I'm about to tell you, everything should be 110% fine.

I showed up for my interview at 8am. Walked straight in. Went through security. Make sure you don't have a bottle opener on your key chain :no: . Waited in a room until the elevator was opened. Once I got into the elevator, the unthinkable happened. I notice a woman infornt of had a large yellow envelope in her hands and that's where it hit me. I was so nervous before leaving that I actually forgot my medical. I couldn't believe it! I We went to a large room upstairs and waited for the notorious window #14 to open. Once it did, I let a couple people go ahead of me. Once I decided to go up, I paid my $100 and was give the number 4. My fiancee and I waited about 15 minutes which seemed like an eternity. Finally my number was called for me to go to a back room which had several booths with a glass window separating me from the consular officer. Of course, the first thing she asked for was my medical. I just about dropped to my knees and and broke down. But I contained my self-control and proceeded. She asked for my affadavits (I had a co-sponsor and a sponsor). Then she asked for the DS-156 and DS-156k and I signed them. Then she told me to take a seat and that my number will be called again shortly. After another grueling 15 minutes my number was called. I went back to the same booth and the officer told me that the FBI did a background check and found some problems. She asked me if I had been arrested or convicted and of course I told her the truth. Before I went to the interview, I typed out a description of each incident that occured to me in the past. She was very appreciative that I did this. I'll tell you this, whatever helps them by making things more clear and easier to deal with makes the process much smoother. So she was very thankful that I wrote that up for her. Then she told me that I will NOT be receiving my visa today because ANOTHER check had to be done due to the fact that I had "MULTIPLE INFRACTIONS". I was taken to another room so they could take my fingerprints which cost me $85!!! Not cool!!! I was broke after that. Then they told me that the prints will be sent to the FBI and they will compare them to prints that I have taken in the past. They just want to make sure that I was the same person who had prints taken at the time of my incidents to the prints that were taken at the interview. Now, if the FBI approves, the all I have to do is send in my MEDICAL, PASSPOSRT (so they can staple the visa to it), and a LONG FORM OF MY BIRTH CERTIFICATE (I only had my short form, which is the card). The officer told me that technically it didn't matter that I forgot my medical. Still a downer though :crying: . That process could take another 2-3 weeks. If I'm NOT approved by the FBI because of the multiple infractions, I would have to apply for a waiver through the Department of Homeland Security, which could take up to 1-2 more months.

Other than that, the interview wasn't bad at all. For everyone out there that have a clean record, have all the correct papers and don't forget anything extremely important, there will be no problems at your interview.

Last thing, MAKE SURE YOU HAVE THE LOOOOOOOOOOOONG FORM OR YOUR BIRTH CERTIFICATE! I was never informed that I needed this.

Thanks for reading and best of luck to everyone else on their 'Visa Journey'. :thumbs:

Miro & Jess


Funny... there is a page in the Packet 3 that is devoted to the Long Form BC and tells you where to get it and everyone on this board will tell you that the long form is required...
zyggyNot TellingCanada2006-02-20 08:56:00
K-1 Fiance(e) Visa Process & ProceduresDoes Fiancee Have to Fly from Country Where Visa Issued


I thought even over-seas workers had to take the CFO class.


Well I guess we will find out if he's back here complaining about the money it's costing him to reschedule their plane flights. No way in hell I would take a chance in going back there and getting tied up in CFO red tape.



Yes... but there is a difference between the CFO for overseas workers and the CFO for overseas spouses and fiancees. If the Filipino Officials see the K1 and see that you have not gone through the fiancee/spouse CFO, they will not let her out of the country.
zyggyNot TellingCanada2006-02-21 08:28:00
K-1 Fiance(e) Visa Process & ProceduresFIANCE VISA

:dance: :dance:

Message Forwarded From Gidon1

[size=2]HELLO
I WISH SOMEONE WILL READ THIS WHO KNOWS ABOUT OUR PROBLEM.MY FIANCE LIVES IN LODZ, POLAND. SHE IS DIVORCED AND HAS ONE DAUGHTER. THE DIVORCE WAS UGLY, AND THE FATHER HAS NOT PAID CHILD SUPPORT, AND HAS NOT CALLED OR PARTICIPATE IN ANY RESPONSIBILITIES WITH HIS DAUGHTER OR HIS EX WIFE.

I HAVE PETITIONED FOR A FIANCE VISA NOW, AND I WORRY THAT MY FIANCE WILL NOT BE ABLE TO OBTAIN THE VISA FOR HER DAUGHTER WITHOUT THE CONCENT OF THE FATHER.

HE IS NOWHERE TO BE FOUND, AND SHE DOES NOT KNOW HOW TO CONTACT HIM.

DOES ANYONE KNOW WHAT TO DO. PLEASE HELP !!!!!
IF YOU KNOW OF A POLISH LAWYER WHO CAN HELP PLEASE LET ME KNOW SOON...YOU WILL DO A GREAT DEED FOR ALL OF OUR FAMILY...

THANK YOU IN ADVANCE
GIDON REICHSTEIN [/B]


She should talk with an attorney in Poland about what to do to get a court order allowing her to remove the child, or if the divorce decree allows it...

Only the attorney will be able to sort this out for you... powodzenia

Edited by zyggy, 21 February 2006 - 10:12 AM.

zyggyNot TellingCanada2006-02-21 10:10:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 from Montreal
P.S. Be sure that you are using their forms... They get VERY cranky when you use the fillable forms online...Especially the DS-156

Edited by zyggy, 21 February 2006 - 12:16 PM.

zyggyNot TellingCanada2006-02-21 12:16:00
K-1 Fiance(e) Visa Process & ProceduresPacket 3 from Montreal

Hi to all VJ Members
I recd my Packet 3 from Montreal Consulate i have a question

1)
In the checklist do I cross of things which do not peratin to me like military and prison records children etc..
2)I am gonna mail it, but just want to know if i can fax the signed chklist along with DS230 part I

Thanks


I just wrote N/A for checklist items that did not pertain to me...

Montreal does not accept faxes. The checklist and DS-230 must be mailed to Montreal.
zyggyNot TellingCanada2006-02-21 11:18:00
K-1 Fiance(e) Visa Process & ProceduresAlien Number

Check the visa and see if the A# is indicated on there. If not, just put 'UNKNOWN' where asked for the A#. You should be fine doing this.

Good luck the rest of the way!



J visas do not get A numbers. So in your case it would be NONE.
zyggyNot TellingCanada2006-02-21 14:49:00
K-1 Fiance(e) Visa Process & ProceduresNEED UR HELP! Please

Well your sons name was suppose to be on the I-129 for starters. Not sure how that works if he was not on the original petition.
He will be 21 in Sept which gives you alittle over 6 months to get his visa. Your timeline shows it took 209 days from filing to the K-1 interview. I think your cutting it alittle close there, but I aint no lawyer thats just my opinion. Just call an immigration lawyer and ask these questions. I wish you luck.



What part of 'list all your children' did your husband not understand. There will be problems since he was not on the original petition. I believe that you will have to start from scratch. There have been some people in the past who went to the interview, told the interviewer that there were children, only to have the petition sent back to the USCIS.

I would have a consultation with an immigration attorney, but I believe your only choice is to resubmit the I-129F with the children's name. By the time that is approved, it may be too late for the K2 to be issued.
zyggyNot TellingCanada2006-02-22 16:03:00
K-1 Fiance(e) Visa Process & ProceduresChild Support - Effect on I-134 & Poverty Guidelines


When using the poverty guidelines with including dependants.....there is no differentiation with a child one has custody or not. The child would be included fully when calculating the household size income required.


Thanks Aussiewench. Makes sense.

I'm still confused about "partially" or "wholly" dependent. Hope someone can shed some light.

Take care,

3AD



Do you claim the child on your tax returns... If so, then the answer is yes, they are your dependent.. if no, then the answer is no, they are not.
zyggyNot TellingCanada2006-02-23 09:38:00