ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresis it okay to leave the US before getting my green card?

why do you want a green card if you don't plan to live here? Why go through the entire process and spends thousands of dollars for nothing? Green cards are for residents, not for people who want to live abroad.


mimoliciousNot TellingJordan2014-10-11 21:44:00
K-1 Fiance(e) Visa Process & Proceduresis it okay to leave the US before getting my green card?
If both are living abroad they could easily do DCF. However any time and money spent in the USA would have been wasted.
NLRFemaleCanada2014-10-11 22:45:00
K-1 Fiance(e) Visa Process & Proceduresis it okay to leave the US before getting my green card?

I been in the states for 10months now waiting for my 2 years green card.We married here in California and our 5 month old son is born here. We plan to go back to Philippines within 3 weeks. If we decide to stay in the Philippines for couple years, would there be any problem with my coming back to the states since I don't have my green card.

 

10 Months in the States and you don't have your green card???   Have you started AOS?  On average it takes 4-6 months after filing AOS to receive the green card, if you filed you after getting married should have it by now.

 

If you do not have an AP or green card and EXIT the USA, you are not coming back without completing the visa process once more. 

 

If you have an AP card or green card and gone a year or more USCIS will consider them abandoned... and you will not come back in to the USA without completing the visa process.


Hank_MalePhilippines2014-10-12 08:34:00
K-1 Fiance(e) Visa Process & Proceduresis it okay to leave the US before getting my green card?

We may stay there for 3 to 5 years. Is it necessary to apply spousal visa?

 

Yes it will be necessary to file for an IR/CR-1 spousal visa.   

 

Couple things you NEED to do before leaving the USA is do the Report Of Marriage with the consulate that represents the state you are living in.  Second thing that you need to do is Report of Birth for you son at the consulate (you will be glad you did this LATER)


Hank_MalePhilippines2014-10-12 08:40:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Paper copy - Do you have to request it?

~Moved from K1 Process to Fam.-based AOS Process Forum~

~Inquiry about AOS-related process, past k1~


A&BMaleChina2014-10-11 15:23:00
K-1 Fiance(e) Visa Process & ProceduresI-94 Paper copy - Do you have to request it?

 
Thank you.  I was aware they could be downloaded, but wasn't sure if there is any stage at which an 'actual' copy may be required. Is the downloaded version sufficient for the purposes of AOS/EAD/ROC applications? 


You won't need it for ROC. A copy of your greencard will be used for that.
You will use the online printout for the AP application as well as application for a Social Security number.


Nich-NickNot TellingUnited Kingdom2014-10-12 08:58:00
K-1 Fiance(e) Visa Process & ProceduresRFE Received

*** Similar threads merged. ***


TBoneTXMaleEcuador2014-10-11 00:34:00
K-1 Fiance(e) Visa Process & ProceduresHey

Pls I want to know , usisc approved my case, my fiance didn't meet the poverty line, and she got approved , will the embassy dainal be because of that, and national visa center didn't ask my faince for affidavit of support , just confuse

 

Yes you are confused. USCIS nor NVC has anything to do with your affidavit of support. The CO at interview does. If she doesn't meet guidelines you will need s sponsor or no visa. They will give you time after interview to get sponsor or your petition will be denied.

 

Don;t know whay ou think NVC would be asking her for anything. Are you already scheduled for an interview? If not

 

This is what happens for Lagos:

 

1.Call this week to NVC for your case#

2. Go to GTB bank and pay the Visa fee.

3. Sign in to interview scheduler and select your interview date

4. Go to embassy website and download forms and start preparing for interview

5. Get your medical done.

 

Here is the info page on VJ for Lagos:

 

http://www.visajourn...geria&cty=Lagos


dwheels76FemaleNigeria2014-10-11 12:48:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASE my friend , he not meet with her fiance can submit i129f

If she can not travel how is she going to immigrate?


BoilerMaleWales2014-10-10 13:58:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASE my friend , he not meet with her fiance can submit i129f

If she is the US citizen and the doctor will write a letter explaining why she cannot travel you may be able to get a waiver.  Your friend would probably also have to show proof that he cannot travel to the US to meet her. (iex. denied tourist visa).  I'm sure there are others on this site that can give much better info than I, but I do know firsthand of a friend of a family member of mine that was able to get a waiver because of a situation similar to this.

no waiver for this


I'm correcting my previous post because I forgot that extreme hardship is also a reason to waive the meeting in person requirement. I just wouldn't know what constitutes extreme hardship for this purpose. If the condition is so serious that you cannot travel, that should count, but you would need a lot of evidence to avoid an RFE or denial of the petition.

 

Say for example you had to get dialysis, this is something that is very expensive and has to be done every other day, that would be extreme hardship because of having to travel to another country where you might not have access to this or be able to afford the treatment.

there is no waiver as he can travel to meet her. 


mimoliciousNot TellingJordan2014-10-10 19:31:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASE my friend , he not meet with her fiance can submit i129f
No sponsor needed for a tourist visa.
BoilerMaleWales2014-10-10 21:04:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASE my friend , he not meet with her fiance can submit i129f

As others have said, no waiver will be given unless he has applied for tourist visas, preferably several times, and has been denied.

There is two other things that USCIS will take into consideration too:

- The length of the USC's health condition.  Ie if it is reasonable to assume that in a couple of years, she is well enough to travel, no waiver will be given.

- The severity of the USC's health condition: she she cannot travel half way around the world by plane to meet him, ok. But travelling by train or car across the border to Canada or Mexico, where he might be able to get a visa even if denied a tourist visa to the USA, may be possible.

 

In a nutshell, it is EXTREMELY difficult to get the  meeting requirement waivered.


Penguin_ieFemaleIreland2014-10-11 11:27:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

I-129 denial reasons

failure to prove meeting in the two years prior to filing, some people actually file without ever having met in person.

sending the form with no supporting evidence.

not being free to marry when the petition was filed.

failure to prove citizenship

 

interview denial reasons:

crime of moral turpitude

past drug use

woman is pregnant with some else's baby. Yes this has happened!

not sharing a common language, inability to communicate with each other

relationship is outside the customs and standards of the immigrant's country

immigrant is found to have a disease which bars entry and fails to get treatment. 

Previous illegal entry into the USA and failure to get a waiver.

 

Adam Walsh Act violation of the petitioner.

If I keep thinking, there's tons more reasons I've seen over the years. 

 


CaryhMalePhilippines2014-10-10 13:04:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

 

Am I a bad person for thinking that if this was in a thread on VJ that I'd want to read it?!

 

lol I'm sure it has been on the VJ forum before. VJ has certainly been around long enough for it to have been. Although I came across it on an entirely different forum, where the embassy withheld issuing a K-1 visa until they informed the petitioner and asked him what he wanted with that knowledge. Of course he wanted the whole thing ended. In another such case the embassy was not aware the petitioner had gotten his fiancee pregnant on a return visit after the petition was filed. As they had no evidence of the visit in the evidence the woman brought, but the medical confirmed her as very recently pregnant. Its good to know the embassy is looking out for our interests


CaryhMalePhilippines2014-10-10 13:28:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

I'm just curious, didn't want to offend anyone or anything or make anyone feel bad but I wanna see what other hVe been denied for, to make sure I myself won't be denied for any of them and also make sure that if there's a certain paper to bring/ or such to make sure I do etc!

 

Everyone is always worried before hand. I'd look for reviews about your embassy and what others have gone through. You should be able to get a list of what to bring right from the embassy in your country. While there are denials they are not really that common. If you have a valid relationship, and both parties meet the qualifications, then its almost always pretty easy. Its people who try to cheat or game the system that are the ones who often find themselves getting denied.

 

Oh thought of another denial reason, the couple is already married to each other. They either can't wait and get married after filing, or thought the K-1 was faster then the CR-1 so they'd sneak through using it. Or they have a marriage ceremony without the marriage certificate and the embassy finds out about it. 


Edited by Caryh, 10 October 2014 - 01:42 PM.

CaryhMalePhilippines2014-10-10 13:37:00
K-1 Fiance(e) Visa Process & ProceduresPossible denials - curious

 Don't forget married couples filing for a K1 because it is quicker   = instant denial. 

 

 


NigeriaorBustNot TellingNigeria2014-10-11 09:31:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance Visa and Border Crossing denied?

 I heard of one case, years ago , but the reason was valid,  and even though I can't remember the case exactly  it was nothing a normal person would have happen ( criminal act I think )


NigeriaorBustNot TellingNigeria2014-10-09 19:15:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance Visa and Border Crossing denied?

It has happened but like Nigeria said it was a valid reason. Basically Montreal and the border didn't agree on whether the they needed a waiver for something or not. the POE wanted the waiver.


Edited by Ontarkie, 09 October 2014 - 07:35 PM.

OntarkieFemaleCanada2014-10-09 19:34:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance Visa and Border Crossing denied?

I wanted to ask if anyone knew anyone that was denied with the K1 Visa at the border crossing or flight departure? My fiancé is going to be coming soon and I am so scared that this might be  scenario. Has anyone faced this? what advice do you have for me?

 

Depends on if they start saying specific words, or find guns or explosives or other contraband.
 


baron555MaleRussia2014-10-10 09:00:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance Visa and Border Crossing denied?
With the visa? Chances are pretty much nil as long as you're not married and don't have a ban.

Without the visa chances are small for a Canadian unless they're unemployed etc.


NLRFemaleCanada2014-10-11 08:32:00
K-1 Fiance(e) Visa Process & ProceduresE-mail notification

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***


TBoneTXMaleEcuador2014-10-11 00:42:00
K-1 Fiance(e) Visa Process & ProceduresWhat sucks about this process

*** Thread moved from K-1 Process forum to the General Immigration Discussion forum. ***


TBoneTXMaleEcuador2014-10-11 00:35:00
K-1 Fiance(e) Visa Process & ProceduresWhat sucks about this process
I don't think it is necessary because besides AWA cases, it seems like anyone who refiles after a denial gets approved. The real gatekeeper is the American citizen and their common sense or lack there of.
N-o-l-aFemaleDenmark2014-10-11 10:01:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance cant come to morocco because of ...... :(

*** Thread is not a K-1 process issue; moving thread to Middle East/North Africa regional forum for possible country or regional insights. ***


TBoneTXMaleEcuador2014-10-11 00:31:00
K-1 Fiance(e) Visa Process & ProceduresI-485 / I -765 forms

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-related processes, past K1~


A&BMaleChina2014-10-10 21:00:00
K-1 Fiance(e) Visa Process & ProceduresPackage 4 received !!!

~Moved from K1 Process to K1 Progress Forum~


A&BMaleChina2014-10-10 20:53:00
K-1 Fiance(e) Visa Process & ProceduresExpedite Request Denied

 They don't care about the immigrants issues for most expedite requests it is the impact to the USC.  They figure all people from that area are coping so the foreign citizen knows how to cope and they are living like their neighbors.  If there was a group targeting something specific to your fiancé and they were active right where she was then that counts.   


NigeriaorBustNot TellingNigeria2014-09-30 23:04:00
K-1 Fiance(e) Visa Process & ProceduresExpedite Request Denied

~Moved from K1 Process to K1 Progress Forum~

 


A&BMaleChina2014-10-10 20:48:00
K-1 Fiance(e) Visa Process & Proceduresany june filler TSC approved?

~Moved from K1 Process to K1 Progress Forum~

~Inquiry about case status~


A&BMaleChina2014-10-10 20:38:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

Loans won't work they would want to see where it came from. Money showing up in account can be removed just as fast.

Most places allow cosponsors Philippines seems to be a hard one and far from consistent. One thing others have noticed is a recent graduate and a close family member being the co sponsor was acceptable but again nothing concrete.


OntarkieFemaleCanada2014-10-09 19:48:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

 

Hello all. My question is about visas. I'm not sure whether to go along a with fiance visa or get married first ( last resort ) and then continue with marriage visa in order to bring my fiance from Philippines to US. I've gone to visit her this summer already and proposed to her so I know I'm eligible for fiance visa, but I'm not sure about the success rate if I continue with it. I'm currently unemployed but I plan on finding a part-time job while I'm taking courses at a community college. 
 
If I continue with fiance visa, I don't wish to go the tax return route to prove my financial abilities because I would need to work a year or so and receive [ multiple? ] tax returns as proof and that would take too long. I wish to ask for a joint-sponsorship from my older sister who is financially stable with a good job as a loan officer or ask parents for a loan to my account in order to meet what I believe is [ 75,000? ( I currently have 1/3 of this amount ) ] to be in my account currently in order to be considered financially stable if I don't have proof of an on going stable job? 
 
So my question is, is what I'm planning correct? Would I be allowed and be successful in applying and having financial proof by joint-sponsorship from older sis or have a current bank balance of 75,000 by asking a loan from parents? I'm ready to process fiance visa but i just need these answers first. Thank you for your time. 
 
Extra info, I am currently receiving medical health insurance and financial aid. How does that affect me if I am able to get enough assets? Do I need to stop receiving them by the time I need to proof my financial stability ( I probably will )?

 

 

#1 - USEM in Manila is difficult (as in next to impossible) regarding co-sponsors with the K-1 fiancee visa, whereas with the CR-1 spousal visa they have to accept a qualified co-sponsor.   Smartest way to proceed if using a co-sponsor is getting married and pursuing the CR-1 spousal visa.

 

USEM requires the most recent tax return and W-2 (NOT multiple years, just one year).

 

USEM does not readily accept assets, in fact I know of a number of situations where they refused to accept assets.   But if they were to accept assets they would want to see 5 times the shortage.  So DON'T count on using assets.

 

Borrowed money is NOT assets and to try to "pretend" a loan is assets is fraud.

 

You receiving financial aid and medical is not an issue...  You not having income is.

 

 

 

 

Philippines forum =    http://www.visajourn...29-philippines/


Edited by Hank_, 10 October 2014 - 06:40 AM.

Hank_MalePhilippines2014-10-10 06:35:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

thank you hank, very helpful.

 

for fiance visa, 1 year of tax return, could i use a previous tax return in which i was a waiter but no longer work there for several months? if i have get a job now and have income do i need to wait for tax return of next year or could i still just use previous job?

 

the money is from my parents so maybe i could just keep the amount and if they need anything i would help pay? im not intentionally trying to commit fraud thank you for bringing that up though. 

 

if i pursue the marriage route, what else is there to know that i need to provide proof of beside joint-sponsor? also if i go that route how long would it take? and are estimates of processes pretty consistent? i read in most places that fiance visas are 4-6 months, then i had one guy saying it could take 7 years? 

 

Most RECENT tax return is required, which doesn't mean pick a year, currently 2013 is the most recent tax return, in a few months 2014 will be the most recent tax return.  

 

If you have a new job with adequate income and no tax return you will need a letter from your employer for sure, along with copies of pay stubs.  I would suggest a letter from you as well explaining your situation.

 

The money as an asset, even if it were your's would not be accepted by USEM, the interest on the money would be accepted as income.

 

I am not a pro on the spousal visa, but once married and in possession of the marriage certificate the CR-1 process is not much longer than the K-1 process (6 - 9 months most times).   For use NOT 7 years.... :lol:      


Hank_MalePhilippines2014-10-10 06:58:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

 


 
So my question is, is what I'm planning correct? Would I be allowed and be successful in applying and having financial proof by joint-sponsorship from older sis or have a current bank balance of 75,000 by asking a loan from parents? I'm ready to process fiance visa but i just need these answers first. Thank you for your time. 
 
I believe Manila frowns upon the use of cosponsors for K-1 visas, but not as much for CR-1 visas.
Visit the regional forum to learn more about this country-specific question.

 


Edited by baron555, 10 October 2014 - 08:58 AM.

baron555MaleRussia2014-10-10 08:57:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

 

Many people will disagree with me; however, I think visa journey should also be a place for advice that goes beyond the logistics of obtaining the visa and its procedures. The #1 cause of divorce is money. The situation with which you are presenting is a very difficult one. Borrowing a loan, of $75,000, is an enormous sum that should not be taken lightly, especially at your age. You are underestimating the financial burden it would cause on you, your family, and your spouse in the future. In a sense, maybe the marriage visa is your best option. For starters, the fees are cheaper than a fiance visa. From my estimation, the total cost not including transportation to and from the embassy on interview and lodging expenses, easily exceed $2,000 once the AOS status is complete -- meaning the receipt of the first green card. You need to take this into account as well. You could also use time. By going the marriage route, I believe you have about a year to find a job considering the length of the process, meaning earning income for yourself and your spouse. It doesn't have to be a lot, just something to help with the added costs. How far away are you from graduating? If you haven't lived with your spouse before, those will be added challenges as well. I suggest think things through and don't rush. If you are a couple years away from graduating maybe your parents money could be used to visit your fiance during the summer off periods and or Christamss. Once you graduate you can get a decent paying job and support a family without assistance.

 

If you possibly could not live without her, well go ahead and get her to the US as fast as you can and figure everything out later. Just be open about the challenges and don't put yourself in debt. Embrace that things will be difficult, and you will probably win half the battle. Let her know that it won't be easy so she is ready for the challenge as well.

 

Good luck!!

 

I am guessing you meant to post this to the OP...


Hank_MalePhilippines2014-10-10 09:51:00
K-1 Fiance(e) Visa Process & ProceduresWill Joint-Sponsorship or Loan from parents work as financial proof for Fiance Visa?

~~Moved to What Visa Do I Need - Family Based Immigration, from K-1 Fiance(e) Visa Process & Procedures - As nothing has been filed yet and the OP is leaning towards the CR1 now~~


OntarkieFemaleCanada2014-10-10 18:15:00
K-1 Fiance(e) Visa Process & ProceduresSame-sex couple, looking to marry. Where to begin?

~~Moved to What Visa Do I Need - Family Based Immigration, from K-1 Fiance(e) Visa Process & Procedures - As the OP is weighing their options.~~

 

Welcome to VJ! 

 

Did I read your notes right? You are in the US right now? This may open a 3rd option for you if you had no intentions on staying. 


Edited by Ontarkie, 10 October 2014 - 03:07 PM.

OntarkieFemaleCanada2014-10-10 15:05:00
K-1 Fiance(e) Visa Process & ProceduresSame-sex couple, looking to marry. Where to begin?

ANGRY- just made a big ### post, replying to so much of what you said.

Posted it, and because it was moved. it was deleted because I didn't have permission to post...

 

So let me try again.....

Oh I hate that sorry. 


OntarkieFemaleCanada2014-10-10 15:17:00
K-1 Fiance(e) Visa Process & ProceduresSame-sex couple, looking to marry. Where to begin?

Here is the guide if you want the spousal route http://www.visajourn...tent/i130guide1

Now the only problem with this way is you must travel to Montreal for your interview and they tend to be slower. Vancouver will only do fiance visas but would be faster then Montreal for the same process. I want to say AB fiance visas are processed in Vancouver but I'm not 100% where the split is atm. Someone will come along and set that part straight. 

I will add for you to check out the Canada forum http://www.visajourney.com/forums/forum/93-canada/ 

 


OntarkieFemaleCanada2014-10-10 15:41:00
K-1 Fiance(e) Visa Process & ProceduresSame-sex couple, looking to marry. Where to begin?

AB fiances go to Vancouver.  Basically Manitoba and west go to Vancouver.

 

Just a note, if you get married first and then immigrate, the process is longer BUT you can work right away vs waiting for EAD.  You'll have a green card as soon as you immigrate.  (I also immigrated from Alberta.) 

 

However the major thing I see there, is no matter how you move, you won't be able to import your car unless it's paid off.  


NLRFemaleCanada2014-10-10 16:30:00
K-1 Fiance(e) Visa Process & ProceduresSame-sex couple, looking to marry. Where to begin?

Thanks for the responses, everyone!

 

@ Cody and Daisy: Oh I'll be sure to not tell them he's not just my "friend" anymore. X_X;;

 

So it seems the K1 will be the best option for us and will most likely be the route we will go (AOS and EAD, I don't plan on getting an advance parole as I should have everything I'll need with me).

 

That sucks about the car, but I should re-check with them. I did a search online and it seems to be inconsistent, and the teller did tell me it should be fine...but still... ARG!

 

And shoot, so Vancouver is where I'll have to go, huh? Too bad they don't have anything in Calgary. :X

 

By the way this is an amazing site, I've just been browsing it for hours trying to get as much info as possible!

get the advance parole you never know if you will need it and it doesn't cost anything if you file it with the rest of the papers.


OntarkieFemaleCanada2014-10-10 17:54:00