Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Child 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.	zyggy	Not Telling	Canada	2006-02-23 09:38:00
K-1 Fiance(e) Visa Process & Procedures	US Birth Certificate	The Step-by-Step Guideline on this website says to include this in the I-129F package: "Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport or a copy of a naturalization certificate. This is used to establish citizenship." My boyfriend just found his birth certificate, but there is nothing on the back side (it is white and blank). Is this ok? Should he still make a copy of the blank side? I made a copy of the blank side...	zyggy	Not Telling	Canada	2006-02-23 16:37:00
K-1 Fiance(e) Visa Process & Procedures	Birth Certificate	Isn't a birth certificate only something you need to prove you are a citizen of a certain country? But if you are now a legal UK citizen, then I would think that whatever legal papers stating you are a UK citizen is all you need to have for the USA-UK connection for the visa process. Sorry but a birth certificate is required no matter what your citizenship is or how many passports that you carry... it's used to prove your parentage as well as to establish the chargeability of the alien. As noted on the State Dept website, exceptions are made for those who fled Vietnam. If you cannot get a BC, then the secondary forms of evidence should be satisfactory. Just get as much as you can to be able to fill in the blanks that the birth certificate would satisfy. Thanks everyone for your response. Zyggy, what kind of secondary evidence can I produce? Not my baptismal certificate because that is also somewhere in Vietnam.... Affidavits or sworn statements from your parents, copies of your British naturization paperwork, school records, hospital records, census records, etc. Brings as much as you can to substantiate the information that would normally appear in a birth record. What is acceptable is outlined in 8 CFR 103.2 b 2 (2) Submitting secondary evidence and affidavits. (i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence. (ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement. I would try to get your asylum paperwork as well .... Edited by zyggy, 31 January 2006 - 01:13 PM.	zyggy	Not Telling	Canada	2006-01-31 13:12:00
K-1 Fiance(e) Visa Process & Procedures	Birth Certificate	Isn't a birth certificate only something you need to prove you are a citizen of a certain country? But if you are now a legal UK citizen, then I would think that whatever legal papers stating you are a UK citizen is all you need to have for the USA-UK connection for the visa process. Sorry but a birth certificate is required no matter what your citizenship is or how many passports that you carry... it's used to prove your parentage as well as to establish the chargeability of the alien. As noted on the State Dept website, exceptions are made for those who fled Vietnam. If you cannot get a BC, then the secondary forms of evidence should be satisfactory. Just get as much as you can to be able to fill in the blanks that the birth certificate would satisfy. Edited by zyggy, 31 January 2006 - 08:58 AM.	zyggy	Not Telling	Canada	2006-01-31 08:54:00
K-1 Fiance(e) Visa Process & Procedures	got bad news	Dublin told him he won't have to file a waiver for an overstay? Hmmmmmmmmmmmmmmmmm..........personally I would not bank on that. I've kept up with you some irish, but don't remember you posting that before about his overstay - sorry if I have missed that. You might want to read up in the waiver forums and/or pm some of the 'waiver' veterans in order to confirm or deny what Dublin has told you. Not trying to scare you - but it's better to get prepared now if something else will need done. *poop just re-read this a bit further - did he actually overstay or they turned him back because of a mistake with airline ticket? If all he did was get turned back of course you won't need a waiver - my bad.* A waiver is only required if an alien is inadmissible... The alien is not inadmissible, he did not stay over 180 days. However, he IS not permitted to use the VWP anymore. But that has no impact on his pending K1. It looks like you or your fiancee got a IBIS hit. it's unfortunate, but it happens. All you can do is wait until the checks are completed. How long it takes depends on a lot of factors... some can be cleared up rather quickly... some take an extended period of time.	zyggy	Not Telling	Canada	2006-02-27 09:26:00
K-1 Fiance(e) Visa Process & Procedures	any ideas on the best way to marry my american fiance?	I know he has to file it, but he sucks at researching stuff so I get to do all the research and tell him what to do. LOL He is in Bloomfield Indiana... and in brackets I put that he has to find out what office he has to file with (this was a copy of an e-mail I sent him). I realize that Indianapolis may well be his local USCIS office, but you won't have dealings with the local office at this time. He'll file the petition with the regional service centre that covers his state, which will be the Nebraska Service Centre. Before you decide to do this, you need to make sure that your future husband is capable of following directions and filling out forms. I'm not saying this to be mean, but the USC has to be very proactive and conscientious throughout this process, and if he can't do that at this time, you should consider delaying the filing or hiring a lawyer to do the paperwork for you. The process isn't difficult if you can understand the paperwork and the directions, but if this is something your man would rather not deal with, you have to understand that sloppy paperwork or recordkeeping could delay you significantly. It can be done if you want to do all the legwork... However, you should really try to fill out the paperwork together if this is the case... Bring a copy of the I-129F with you the next time that you go to visit. Start gathering evidence that you have been in each others physical presence, which may not be necessarily the easiest thing to do if you travel to the US by car. You may want to consider taking a trip together by air or something of that nature.... A couple of other things... On the I-129F, Question 19 - You will be applying for a visa at the consulate in Montreal Canada. NOT Toronto as they do not handle K visas. Edited by zyggy, 27 February 2006 - 10:37 AM.	zyggy	Not Telling	Canada	2006-02-27 10:34:00
K-1 Fiance(e) Visa Process & Procedures	any ideas on the best way to marry my american fiance?	This is all the information I have gathered in regards what needs to be done: File form I129f (fiancé visa - $170.00) with USCIS in Indianapolis (double check this is the right place). http://uscis.gov/gra...orms/i-129f.htm http://uscis.gov/gra...tm#anchor235776 Need: - passport - divorce certificate - Police certificate from BC, ON & AB. - Medical Exam (vaccinations?) - Two DS-156 forms - One DS-156 form - Two nonimmigrant visa photos - Evidence of fiancé relationship. After marriage: - Form 1-485 ($325.00) to adjust status or register perm. Residence. - 1-864 affidavit of support. - 1-765 ($180.00) to work before marriage. (Apply for SSN before I go to the US). Actually it gets sent to the Nebraska Service Center. Go to this page to see exactly what is required to submit the I-129F. http://www.visajourn...om&page=k1guide	zyggy	Not Telling	Canada	2006-02-27 10:17:00
K-1 Fiance(e) Visa Process & Procedures	any ideas on the best way to marry my american fiance?	P.S. Already know not to say anything about going to visit or marry american fiance lol P.S. This is something that we call a material misrepresentation. Making one to a CBP officer during inspection would result in a permanent ban on entering the US. Think long and hard before you ever make one... Actually don't think at all.. never make one. Edited by zyggy, 27 February 2006 - 09:44 AM.	zyggy	Not Telling	Canada	2006-02-27 09:43:00
K-1 Fiance(e) Visa Process & Procedures	any ideas on the best way to marry my american fiance?	Ok I know I am not the only one out there with this question and I am sure it has been answered multiple times... but I am a Canadian engaged to an American and plan on marrying as soon as possible (have known him for almost 3 years, been together for a little over a year and engaged for a year... he has come here and spent a couple of months with me and I have gone there and spent a couple of months there). I have gathered pretty much every possible scrap of information I can on how to do it the "right way", and can post it here to be scrutinized or used to help someone else, but have heard that the easiest way is to just go there and marry him then apply for a visa (already married one, sorry can't remember what it is called at the moment) or is it just best to go through with the fiance visa? Thank you in advance for any and all help. P.S. Already know not to say anything about going to visit or marry american fiance lol To go over there and just get married would be an illegal act... This is because when entering as a visitor, one must have the intent of being a visitor and return home before your preiod of authorized stay ends. You have admitted that you have no intention of entering the US as a visitor, but wish to marry your fiancee and adjust status. To do what you want to do would require that you get a K1 visa. You get it by filling out an I-129F and sending it to the service center that has jurisdiction over your USC fiancee's place of residence. Look at the guides on here to get more information. It does not matter if you were let into the US by a CBP officer or not... the fact remains that you would have the intention of immigrating to the US when you entered the US. If the USCIS gets wind of this, they will deny your adjustment and send you back home. I know the seperation seems like it would be hard, but the forced very long term seperation and uprooting of your lives if things were to go wrong would be much, much harder. This is not one of those times where you should speed things up. It is very important to go through these things the right way, because the potential consequences are quite severe if you don't. Edited by zyggy, 27 February 2006 - 09:33 AM.	zyggy	Not Telling	Canada	2006-02-27 09:30:00
K-1 Fiance(e) Visa Process & Procedures	Consulate Offices in Canada	Manitoba is handled by Vancouver. Vancouver Consulate Source The Consulate in Vancouver processes fiancé(e) cases for citizens of Canada, or aliens who are permanent residents. Individuals in Canada on student and/or employment authorization will be considered on a case-by-case basis. Such individuals must be authorized to remain in Canada for a continuous minimum period of six months (from the time the approved petition is received at the Consulate). Applicants must also be residing in British Columbia, Alberta, Saskatchewan, Manitoba, the Yukon or the Northwest Territories. All other applicants in Canada are processed at the U.S. Consulate in Montreal. Montreal takes care of all CR-1 visas for all of Canada For K visas... Vancouver take care of Manitoba, Alberta, Saskatchewan, BC, NWT or Yukon Montreal does Ontario, Quebec, Newfoundland, Nova Scotia, New Brunswick, PEI and Nunavut. For the OP, if you live in Ontario, you will be going to Montreal. It's really very nice...	zyggy	Not Telling	Canada	2006-02-28 08:33:00
K-1 Fiance(e) Visa Process & Procedures	Sigh. Will this ever end?	Not necessarily... The NSC sends them out to the NVC in batches, typically every two weeks or so and it's sent by ground not by air. It took about 3 weeks for our I-129F to arrive at the NVC, which is the worst case scenario. P.S. Please don't double post... it dilutes the responses that you get...	zyggy	Not Telling	Canada	2006-02-27 08:37:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Interview Info	I live in Saskatchewan, and put Vancouver on my paper work, but when I got Packet 3 it came from Montreal. So I guess I'm going East. Are you getting a CR-1. If not, you should be going through Vancouver. There may be an error on their part... you should call them to find out... It's not up to NVC... Vancouver covers Manitoba west for K visas.... Montreal covers Ontario east. That's their territory and it doesn't change. Montreal covers all of Canada for CR-1 visas. Edited by zyggy, 01 March 2006 - 11:17 AM.	zyggy	Not Telling	Canada	2006-03-01 11:15:00
K-1 Fiance(e) Visa Process & Procedures	Canadian Interview Info	No - it will be Vancouver or Montreal. I'm in Manitoba and will have to go to Montreal. We will have to make a vacation of it. Hello fellow Manitoban. So you went through Montreal? I put down Vancouver on the I-129F because I thought Manitoba (Winnipeg) was more considered part of Western Canada... oops. This mistake won't delay anything, will it? Actually neiks is doing a CR-1 visa... Montreal is the only consulate in Canada that does a CR-1 visa. If you live in Manitoba and are doing a K visa, your interview will be in Vancouver.	zyggy	Not Telling	Canada	2006-03-01 08:02:00
K-1 Fiance(e) Visa Process & Procedures	does a co-sponsor have to be a relative?	hello there, yes I'm wondering if a co sponsor has to be family..usually most co sponsors are,but are non relatives allowed to co sponsor you? Cosponsor does not have to be a relative. A co-sponsor can be any US Citizen or Permanent Resident	zyggy	Not Telling	Canada	2006-03-01 08:00:00
K-1 Fiance(e) Visa Process & Procedures	marriage license	Can anyone tell me how long it takes to get a marriage license and where we go to get one? Thanks a bunch. That depends on where you are going to get married.. But you usually get it from the town or county clerk. Some states have waiting periods between the day of application and they day that the license is in effect. That also changes by state. Edited by zyggy, 01 March 2006 - 12:02 PM.	zyggy	Not Telling	Canada	2006-03-01 12:02:00
K-1 Fiance(e) Visa Process & Procedures	Quick Question	I am sure that you can use a money order... but I am not sure if you can track it once it is cashed... I used an attorney, and she sent the package by ups next day air... and requested a signature so that she would know that it was rec'd.... Good luck! Wishing you the best! Blessings, Lynne We sent it USPS Express Mail. It has delivery confirmation.	zyggy	Not Telling	Canada	2006-03-01 11:13:00
K-1 Fiance(e) Visa Process & Procedures	Anyone have to get police certifice from "bad" country	Hi everyone, I am trying to find out what happens when you need to get a police certificate from a country on the reciprocity list that is under the heading of "not availalbe" or "must be physically present" My fiancee is going through philippines embassy but worked in kuwait for 4 years. Kuwait is on the list of places that you must be physically presnet to get police certificate. If she was going through the Canada emabssy i am certain there would be no problem, but i am going through a "problem" embassy where you cannot even call or get an email response to Anyways is anyone here been told not to worry about a police certificate because it was under the heading of "not available" or "must be present to obtain"? Does anyone know a link to someone posting there expereience with this? thanks for any help. I am asking not only for myself but for at least one other whose fiancee worked in a coutnry where police certificates are not availabel and unfortunately must deal with the manila embassy like me But anyones experience with any embassies would be helpful thanks Marlene worked in Dubai, U.A.E. for a year. Their general rules require you to be present to obtain the police certificate and their certificates are only good for 3 months. She contacted the U.A.E. embassy in Makati and was informed that it was possible to get the certificate without being present. She had to get a request form from the U.A.E. embassy and she had to have fingerprints taken by NBI and have a red-ribbon certification. She was instructed to send this application and a fee to the police headquarters in Dubai, but she was warned that it might take several months to get the certificate. A friend of hers had a relative in Dubai so she sent the completed package to the friends relative instead and we wired the relative the fee and some money to cover her expenses to turn the package in for her and return to get the certificate. The certificate was then sent back to her by the friend's relative. It turned out to be quite costly with the DHL fees both ways, the certificate fee, the NBI and red-ribbon fees and the expenses for this person to handle it for her. Since then, it appears that we might not have needed to do all that as the consulate may not require the certificate from certain countries that normally require you to get them in person. Contact the consulate and ask if you are expected to get one from Kuwait. If they require it, check with the Kuwait Embassy to determine how to obtain it. From the state Dept Website... Police records are available for persons resident in Kuwait. Individuals must be physically present in Kuwait and either be Kuwaiti citizens or hold a valid residence visa to apply for a police certificate. Police records are not available for periods of residence prior to May 1991, due to the destruction of these records during Iraq's invasion of Kuwait. Information on criminal activity, including police records, is not available from Kuwaiti embassies abroad. To obtain a police record, individuals must apply in person and provide fingerprints at the Ministry of Interior, General Department for Criminal Investigation. Police certificates generally take seven to ten days to process. I am assuming that she does not have a residence visa so a police record would be anavailable for her. The Consulate in Manila will have this information. If you can't get it, you can't get it.	zyggy	Not Telling	Canada	2006-03-02 08:46:00
K-1 Fiance(e) Visa Process & Procedures	can you use 401k for income requirement ?	I actually have two questions, 1. Can you use 401k to supplement income reqiurement ? If so, how much would it count for ? 2. Can you use Social Security disabilty benefits to supplement as well ? Thanks 1) No, but you may be able to use it as an asset. THe general guideline is 5 x the required income requirements... but the CO's have large discretion in determining what is suitable means of support. 2) I don't see why not.. it is income... Edited by zyggy, 02 March 2006 - 03:39 PM.	zyggy	Not Telling	Canada	2006-03-02 15:38:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa or Immigrant Visa	Other posters are correct tho - if you enter the US using a VWP with the intent of getting married it is FRAUD for which you 'could' receive a life ban. No its not fraud, it is perfectly legal to enter the US with intent to get married even using the VWP.......It is not legal to enter with intent to immigrate after that marriage. However if one is granted entry, one can apply to adjust status. If it is denied one will have to leave the US and apply for an immigrant visa from their resident country. One must always be honest at POE or it could come back to bite em in the butt later. One should add.. if one is granted entry and that entry was not based on making a material misrepresentation....or omission of pertinent facts...	zyggy	Not Telling	Canada	2006-03-02 12:51:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa or Immigrant Visa	Entering the US under the VWP even with plans to get married, is NOT illegal. As has been stated, having intentions to immigrate is. From US Embassy Australia site, but it is the same deal for any country. If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case. If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence. However, Japan is one of those countries where the USC does not need to be resident in Japan to do DCF. This is probably what the consulate is talking about. In this case, it may be wiser to get married in the US or another third country, have the alien spouse and USC return to Japan and then have the USC file the I-130 at the Embassy in Tokyo. The USC can then reutrn to the US while the alien spouse awaits her CR-1 interview. In this case, the CR-1 very well may take a shorter period of time to get than the K1 and it is a far more powerful visa as the alien spouse will be a permanent resident at the time she enters the US. As others have said, when the alien enters the US and during the primary inspection admits that she is entering the US in order to marry a USC, there is a high possibility that the entry will be denied... no matter how much evidence to the contrary may be presented. This is why it may be wiser for the OP to consider getting married in a third country that is relatively easy to get married in such as the Carribean, Canada or another locale. If your fiancee is in the military and doesn't have the time to get the paperwork done, I suggest that he find the time to get the paperwork done. The military is very good at taking care of their own if it is for a very good reason. If he explains his situation, he may be able to get his superiors to expedite the paperwork for him. Edited by zyggy, 02 March 2006 - 08:58 AM.	zyggy	Not Telling	Canada	2006-03-02 08:58:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Visa or Immigrant Visa	Entering the US under the VWP even with plans to get married, is NOT illegal. As has been stated, having intentions to immigrate is. From US Embassy Australia site, but it is the same deal for any country. If you intend to remain permanently in the U.S., attempting to enter on a nonimmigrant visa or under the visa waiver program is not advisable and could result in your involuntary return to Australia. In order to be granted admission on a nonimmigrant visa or under the visa waiver program, you must prove that you have a residence outside the U.S. to which you intend to return, at least temporarily. It is at the discretion of U.S.C.I.S. at the port of entry whether to admit a traveler in that case. If you are granted entry you can make an application to U.S.C.I.S. for an adjustment of status. If your application is approved, U.S.C.I.S. will give you permission to remain in the U.S. whilst you conclude processing your adjustment of status application. If they reject your application, you will be required to depart the U.S. and apply for an immigrant visa at the U.S. Embassy or Consulate in your country of residence. However, Japan is one of those countries where the USC does not need to be resident in Japan to do DCF. This is probably what the consulate is talking about. In this case, it may be wiser to get married in the US or another third country, have the alien spouse and USC return to Japan and then have the USC file the I-130 at the Embassy in Tokyo. The USC can then reutrn to the US while the alien spouse awaits her CR-1 interview. In this case, the CR-1 very well may take a shorter period of time to get than the K1 and it is a far more powerful visa as the alien spouse will be a permanent resident at the time she enters the US. As others have said, when the alien enters the US and during the primary inspection admits that she is entering the US in order to marry a USC, there is a high possibility that the entry will be denied... no matter how much evidence to the contrary may be presented. This is why it may be wiser for the OP to consider getting married in a third country that is relatively easy to get married in such as the Carribean, Canada or another locale. Edited by zyggy, 02 March 2006 - 08:54 AM.	zyggy	Not Telling	Canada	2006-03-02 08:51:00
K-1 Fiance(e) Visa Process & Procedures	Anyone know about B-1 visas?	Thanks for the help! So just to clarify...she thinks she can just come to the states and work but that would be against the rules/regulations of the visa? Correct? She would need to get a different visa to actually obtain a job here. The B1 visa is more for employees that need to do business in the US but they are already employed...not looking for work. Do I have that clear? Yes..	zyggy	Not Telling	Canada	2006-03-03 12:40:00
K-1 Fiance(e) Visa Process & Procedures	Anyone know about B-1 visas?	A working visa for "gainful employment" is H1B and is applied for by the employer A B1 is for incidental business. Meaning if she needed to attend a meeting or visit clients she could use the B1 to do that... it used for those people who need to visit the US on business purposes... It is not used for employment in the US. For that she will have to get an employment visa such as a L, H or even E visa. Edited by zyggy, 03 March 2006 - 12:08 PM.	zyggy	Not Telling	Canada	2006-03-03 12:08:00
K-1 Fiance(e) Visa Process & Procedures	Police Certificates	Hi, How strict is the requirement here? I was born in Germany, my father was in the British Army posted out there. I left when I was 2, so I'm assuming I don't need this. I lived in The Netherlands when I was 18, so I'm sure I'll require one for there. However, for a while I was 'living' in Canada, on a tourist visa. I wasn't working there or breaking the law, I was living off my savings with my then girlfriend. Does this count enough to require a police certificate, as I was never a resident of the country, it was basically a years extended holiday. You were present in Canada for a year, then you'll need a police certificate from Canada. It'll have to be the RCMP fingerprint certificate. Send it in now... they're taking about 3 months to process. You'll need a police certificate for any place where you were present for more than 6 months after the age of 16. Edited by zyggy, 06 March 2006 - 11:30 AM.	zyggy	Not Telling	Canada	2006-03-06 11:29:00
K-1 Fiance(e) Visa Process & Procedures	embassy chosen??	i have a question relating to what embassy the fiance will be using. on the petition it asks which one you want, but i am under the impression that some countries have set embassies for K1 cases. my fiance is from Germany and we put that we wanted to go to Berlin but everyone I have seen from Germany has gone through Frankfurt. should expect to go to Franfurt as well? Will they just send our case there? Thanks Diana Frankfurt is the only consulate that issues K1 visas in Germany. So you would put Frankfurt Germany on your I-129F. If you put something else, don't worry, your file will go to Frankfurt anyways.	zyggy	Not Telling	Canada	2006-03-06 14:43:00
K-1 Fiance(e) Visa Process & Procedures	Minimum Income Requirements for K1	I've read/heard conflicting information. The USCIS site mentions 125% of poverty level, but that's for I-864. What about I-134? Thanks, 3AD The Foreign Affairs Manual leaves it to the Consulars Officer's discretion to determine what is sufficient financial support to issue a K visa and what is not sufficient as well as what evidence would be required. So there is no hard and fast rule to suggest. However, it is generally agreed that having an income that is more than the I-864 requirements is generally deemed sufficient to meet the I-134 requirements.	zyggy	Not Telling	Canada	2006-03-06 16:08:00
K-1 Fiance(e) Visa Process & Procedures	just to clarify??	Does this apply to Canada as well? Please say no! SOME Canadian K-1s have reported that they were allowed to cross the border without using the K-1 visa. This is at the officer's discretion and I would never count on it---it would just be a bonus extra. Mark: I'm wondering if you did not read the replies to this question already? http://www.visajourn...508 And they're actually not supposed to do this as the K-1 cancells any admittance via visitor status. Some may have taken pity, but it is not permitted by the INA and if the officer was caught, they could land in a heap of trouble... I would not count on it at all... If a Canadian was caught entering the US on a BC and a DL after a K visa had been issued and if it was found out while it was attempted or after the fact, it could be seen as gaining entry by making a material misrepresentation. In this case, the K visa would be cancelled and the alien would be inadmissible. Not worth it IMHO... Interesting responses Betcha a dollar (Candian) that if I'd posted a negative reply, I'd have had a bushel of 'oh yes you can' posts Everyone please note that my reply says that *I* would not count on doing this. Glad that you foind them interesting....Not the way most people would think about it would you... Yep... that's the problem with people not seeing things the CBP way... it's not always what you would expect...	zyggy	Not Telling	Canada	2006-03-06 16:35:00
K-1 Fiance(e) Visa Process & Procedures	just to clarify??	Does this apply to Canada as well? Please say no! SOME Canadian K-1s have reported that they were allowed to cross the border without using the K-1 visa. This is at the officer's discretion and I would never count on it---it would just be a bonus extra. Mark: I'm wondering if you did not read the replies to this question already? http://www.visajourn...508 And they're actually not supposed to do this as the K-1 cancells any admittance via visitor status. Some may have taken pity, but it is not permitted by the INA and if the officer was caught, they could land in a heap of trouble... I would not count on it at all... If a Canadian was caught entering the US on a BC and a DL after a K visa had been issued and if it was found out while it was attempted or after the fact, it could be seen as gaining entry by making a material misrepresentation. In this case, the K visa would be cancelled and the alien would be inadmissible. Not worth it IMHO... Edited by zyggy, 06 March 2006 - 04:25 PM.	zyggy	Not Telling	Canada	2006-03-06 16:22:00
K-1 Fiance(e) Visa Process & Procedures	Can the sponser visit the fiance's country?	You as the U.S citizen have the right to travel anywhere when this is going on. Hope that helps. A US Citizen does not have the right to travel anywhere. A US Citizen only has the right to travel in the US. However, due to our economic situation, most countires are not concerned about US Citizens becoming a overstay risk and most allow US Citizens to travel inside their countries relatively trouble free. But it is up to the individual nation to determine how to administer rules regarding visitors within their own borders. Edited by zyggy, 06 March 2006 - 04:02 PM.	zyggy	Not Telling	Canada	2006-03-06 16:02:00
K-1 Fiance(e) Visa Process & Procedures	Originals for the interview ?	By originals they mean G325a, I129f etc. NOT birth certificates, passports, naturalization certificates etc. - its a little confusing as it's not explicit. Good Luck motu, I strongly disagree! While we were allowed to submit photocopies of our evidence (submitted forms are always originals), we had to produce the original evidence at our interviews. The originals were inspected, and the copies were stamped 'originals seen' or similar. The originals were then handed back to us. I think your post is very confusing! By originals they mean G325a, I129f etc. NOT birth certificates, passports, naturalization certificates etc. - its a little confusing as it's not explicit. Good Luck Oh my goodness, REALLY?!?!? this whole time I was fretting over sending my naturalization certificate over nothing!! lol some people were posting that i indeed did have to send everything original. (sigh) thanks motu! ps they really shoud be clearer on that.... PS: YOU should really confirm this, preferably with your Consulate. Indeed.. the originals of our documents (BC's) were also requested by the Consular Officer...	zyggy	Not Telling	Canada	2006-03-08 16:23:00
K-1 Fiance(e) Visa Process & Procedures	Packet 3 in Canada	I see posts from people who said that everything was done, and that they could fax the checklist back that day. As I am going through the Vancvouer consulate in Canada, I wanted to know what can be done in expectation of recieiving your package. I called the NVC, and they recieved my NOA 2 the day before yesterday. I see that most people faxed back the checklist without yet having completed their medical or criminal record check (which only takes about 10 min in BC) I called the RCMP and they said that without a letter stating that they needed it, they wouldn't do a criminal record check on me. I have my birth certificate already.... Do you fax anything else back with your checklist? What else can I do now while I am waiting? As our wedding is already planned for June 17th, I know that we are cutting things close, and every second counts. Just wait for the checklist... You could probably schedule the medical, but you really should wait until you get the checklist. They will want the DS-230 Part I from you as well.	zyggy	Not Telling	Canada	2006-03-03 09:28:00
K-1 Fiance(e) Visa Process & Procedures	K-1 Interview -- Confused	Yep...the beneficiary is interviewed...and sometimes the petitioner goes along for support. I, for one, plan on being there in Montréal, if the interview is when I can get off work Actually if you're in Montreal, you'll get interviewed as well as it usually ends up that the USC gets asked more questions then the alien fiancee will. But technically, only the alien fiancee is required to be present for the interview.	zyggy	Not Telling	Canada	2006-02-27 08:39:00
K-1 Fiance(e) Visa Process & Procedures	K1 - buying the plane ticket?	What does the acronym AR mean? I'm really not worried about the visa. I make almost 3 x the $$$ that is required and have provided everything necessary in regards to supporting her. We've sent the letter from the bank, tax forms, pay stubs, and letter to employer already. With Turkey they ask for everything prior to the interview. I really can't think of a reason they would deny her. We're pretty much a perfect match. She doesn't speak the best english but we have hours/days of chat logs to show our ability to communicate. The only thing that could perhaps be a problem is the fact that our relationship is't really documented until the point I actually met her in September. By the way, a 100% refundable ticket costs almost 3 x as much as a non-refundable ticket. I'm looking at her ticket for about $780 right now. The cheapest refundable one was $2100. AR= Administrative Review... If they have doublts about your relationship, they'll put her case in AR... which could be relatively easy or relatively hard to get out of...	zyggy	Not Telling	Canada	2006-03-08 16:43:00
K-1 Fiance(e) Visa Process & Procedures	K1 - buying the plane ticket?	Our interview appointment is the 17th of April. I'm planning to get there on the 15th and travel with her to the interview. I'm then hoping to then return to the states on the 26th of April. The Turkish embassy says it takes between 2-3 days to have the visa delivered via UPS. Do you think my schedule is safe? Are there any reasons I should avoid buying her ticket now? I've found a great price which is nearly $250 cheaper than anything else I've been able to find. Yeah.. if they put her on AR and it takes months to get you visa... If you do get a ticket... make sure it's 100% refundable or transferable...	zyggy	Not Telling	Canada	2006-03-08 15:07:00
K-1 Fiance(e) Visa Process & Procedures	K-1 X denied touris visas	Thanks friends for your replies. Well, my fiance lives in Michigan. Do you know this could make K-1 faster for us? My denied visas was because the first time I didn't take documents that I had to take (they want to know how much is your salary, bank accounts, credit cards etc) but the travel agency didn't say me anything, so I was was not ready for the interview. They understood that I could not travel because of my lack of adequate ties to my country. Next times I showed them all my documents but it was late because when you have a denial it is hard to get a visa. When I got visa to Canada I didn't have any problem because I already knew what I had to do (to show all my documents) and then I got it with no problems. Ah please, another question: should I say something about these denials if they don't ask me about this at the consulate? Ok then the reason for your denial is the reason that I outlined above... you were denied for not having adequate ties to your home country. The K1 overcomes this problem. I am from Michigan as well. You fiancee will need to file a I-129F to the Nebraska Service Center and wait...Their timeline is the timeline.. there is nothing you can do to make it faster othet than creating a complete and organized I-129F packet. This site can assist you in doing just that. The DS-156 does ask about visa denials. You will have to list your previous visa denial, but it won't be a factor.	zyggy	Not Telling	Canada	2006-03-09 12:21:00
K-1 Fiance(e) Visa Process & Procedures	K-1 X denied touris visas	From what I have been told-the visitor's visas are completely different from the k-1. With the k-1 the person IS intending to immigrate here to the US, where as the other visas are NON-immigrant visas. My fiance was denied a b-2 and I am hoping that it will not be an issue. Just explain all of this in the interview-don't try to hide any of it Good luck If the reason you were denied for a B visa is because you lacked adequate ties to your home country, then getting a K1 will not be an issue. If you were denued for a B visa for another reason, it may or may not be an issue...	zyggy	Not Telling	Canada	2006-03-09 09:12:00
K-1 Fiance(e) Visa Process & Procedures	DS-156	I put "when k-1 visa is granted" hope it helps Put when visa is granted...	zyggy	Not Telling	Canada	2006-03-10 10:18:00
K-1 Fiance(e) Visa Process & Procedures	Newbie Canadian needs some help eh!	Thanks!!! Well its seems like the average processing time from start to finish (K1 received and able to move) is about 9 months give or take a few.. And thats no so bad compared to the entire lifetime we will have together! EIther way I will start getting all my documentation in order to make sure I am ready! Already have the B/C long form, waiting for my Office Divorce Judgement Certificate. Can I get the RCMP clearance ahead of time? Or does it need to be done at the time of the application? Thanks Happy Visa's If you have no criminal record, You should get your police certificate after you have received Packet 3 from the Consulate. If you do have a criminal record, you should get your fingerprints done and send them into the RCMP in Ottawa. All you can do now is wait... However, you need the divorce judgement to be able to file the I-129F. Edited by zyggy, 10 March 2006 - 12:13 PM.	zyggy	Not Telling	Canada	2006-03-10 12:12:00
K-1 Fiance(e) Visa Process & Procedures	Newbie Canadian needs some help eh!	For those of you using the Montreal office question: Do they allow/promote your American sweetie to come with for your interview? Yes Montreal allows yr fiancee for the interview Just to be clear, I legally cannot go to the US to live until I get that final visa (post montreal interview) am I correct? Sorry for being so dense, learning curve!! upto 6 mnths only but cannot work and you dont hv a status so you wait unti yr interview Canadian Hottie [/font] [/size] 1) Yes your fiancee can antend the visa interview.. I was there for my then finacee's interview. They ended up asking me more questions than her... 2) No, you may not come to the US to live until you have a visa that permits that... a K1, K3 or CR-1. You can however visit as long as you can demonstrate that you do not have the intention of remaining in the US as an immigrant during that entry. Canadians are permitted to visit the US for up to 6 months. During this time as a visitor you cannot work or do anything that a resident would do... Start your lives together after the visa is granted... anything before then is just a waste of time and energy. Spend your energy to get through the process and tying up any loose ends that you still have in Canada so you can begin your lives together on a clean slate. Don't bother looking for a job, you can take a look to see what is out there, but I wouldn't put in any applications or have any interviews. No one is going to want to talk to you until you have employment authorization in your hands.. However, you can spend this time planning your wedding, looking for living arrangements, etc. As a sidebar, if you are employed now, Canadians are authorized to collect EI in the US for a period of up to 9 months if you quit your job in order to relocate to be with your husband/fiancee. Edited by zyggy, 10 March 2006 - 10:27 AM.	zyggy	Not Telling	Canada	2006-03-10 10:24:00
K-1 Fiance(e) Visa Process & Procedures	Thats unbelievable!	Hi, Im back again, I would like to ask you, has anyone got an email like that from the CSC??? We tried to find out what they are doing with our petition for so long. They didnt reply to our first email we sent them last week, so we sent them another one at the beginning of this week and got this answer: This petition is undergoing security checks as required, there is no time limit on this processing. Please allow 60 days before your next inquiry. Thanks, McClellan, CAO Division XII, Customer Service So does it mean that we are going to wait FOREVER???????? Why are they able to complete other cases in less than 90 days and not ours after almost 140? Cant beleive it. They have already told us twice to wait 30 days, then another 30 days and now extra 60 days???? I can't say for sure... but I think it is a standard reply... wishing you all the best tho! Sorry... but you have the unfortunate coincidence of having a name that is similar to a bad person. They now have to run checks to make sure that you and that individual are not one in the same person. Sometimes it takes a short period of time to clear your name, and sometimes it takes a long period of time. All you can do is wait until they are finished. Do what you are doing and keep checking. You may now want to get your congressional representative involved. They may be able to get a little more info than you can...	zyggy	Not Telling	Canada	2006-03-10 14:22:00