ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresDs 160 K1!!!

*** Unanswered duplicate thread removed. ***


TBoneTXMaleEcuador2014-10-09 22:55:00
K-1 Fiance(e) Visa Process & ProceduresIs there anything I can do while I wait for the NVC?

We received our approval two weeks ago and since then haven't heard anything, so presumably it's at least on its way to the NVC. In that time I've sorted out my police certificates and filled out the DS-160, is there anything else I can do now? I am in the United Kingdom if that makes a difference.
 
Thanks for any help.


There is a list in the UK FORUM as well as other London specific processing information to learn.

http://www.visajourn...complete-guide/



Nich-NickNot TellingUnited Kingdom2014-10-10 12:50:00
K-1 Fiance(e) Visa Process & ProceduresK1 documents

Welcome to the forum.

 

:guides: easily accessible at the top of the forum page. In particular, the K1 Visa Guide.

 

Good luck on your immigration journey.


A&BMaleChina2014-10-10 11:22:00
K-1 Fiance(e) Visa Process & Procedureswhat documents require the form I765 and I864

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

~Inquiry is about AOS-associated processes~


A&BMaleChina2014-10-10 10:58:00
K-1 Fiance(e) Visa Process & Proceduresabout annulment

hi can you help me regarding annulment case of my fiancee she got her decision last aug2014 she has her decision and finality can we used this already for filing fiance visa? coz she told me that her mc annotated will release after 3mons coz she's living in mindanao thanks 

 

She'll eventually need the annotated the CEMAR, showing the marriage has been legally terminated. This won't be needed until the interview stage. But do make sure the decision has been filed with the NVC so the CEMAR can get annotated. Until this part has been completed, she is not free to marry as the K-1 requires.

 


Edited by Caryh, 10 October 2014 - 09:25 AM.

CaryhMalePhilippines2014-10-10 09:24:00
K-1 Fiance(e) Visa Process & Proceduresabout annulment

thanks again my fiance told me that some got approved without cemar and mc annotated but they provide it on their interviews but some are unlucky got rfe im a little bit confused on what to do coz i want my fiance to be with me asap thank u for answering :)

 

If you want to be safe, you wait and file after the CEMAR is annotated. The court approved the annulment, but its not official until the NSO annotates the CEMAR. She could not remarry in the Philippines unless she had the annotated CEMAR, and the I-129F petition requires both are free to marry when the petition is filed.

 

There have been people denied because a court signed off on a divorce, but the paperwork wasn't certified for weeks later, but they filed an I-129 right after the judge signed it. Some may slip by, but do you want to go through the whole process to get denied at the interview because you filed before the CEMAR was annotated?


CaryhMalePhilippines2014-10-10 10:13:00
K-1 Fiance(e) Visa Process & Proceduresabout annulment

~Moved from K1 Process to Phil. Regional Forum~

~Inquiry is country-specific~


A&BMaleChina2014-10-10 10:53:00
K-1 Fiance(e) Visa Process & Proceduresabout annulment

thanks again my fiance told me that some got approved without cemar and mc annotated but they provide it on their interviews but some are unlucky got rfe im a little bit confused on what to do coz i want my fiance to be with me asap thank u for answering :)

 

1st:  you both must be legally free to marry at the time of your filing the I-129F petition.  Being your fiancee was married before annulment documents are required by USCIS.

 

http://www.uscis.gov...i-129finstr.pdf

 

2nd:  the embassy instructions letter.

 

j. CERTIFICATE OF NO MARRIAGE RECORD (CENOMAR). If you have never contracted marriage, 
a CENOMAR (Singleness) issued by the National Statistics Office (NSO)and printed on NSO security 
paper should be submitted. You may call the NSO Information Center at 02-737-1111 to inquire on 
securing a CENOMAR or visit their website at http://www.census.gov.ph. 

 

http://photos.state....0 SEP 2014_.pdf


Hank_MalePhilippines2014-10-10 11:35:00
K-1 Fiance(e) Visa Process & ProceduresIs Income Judged Before or After Taxes?

Before


baron555MaleRussia2014-10-10 10:04:00
K-1 Fiance(e) Visa Process & ProceduresCorrect I-134 Poverty Guideline Calculation

$19,387 is the dollar amount for 125% of the poverty level for a household of 2. It is a ridiculously low amount and I don't know anyone who could survive on it.


belinda63FemaleIran2013-11-16 22:20:00
K-1 Fiance(e) Visa Process & ProceduresCorrect I-134 Poverty Guideline Calculation

Thousands of people.

 

I know, but it is sad.

 

Proof of current income would include an letter from your employer, pay stubs, tax returns.


belinda63FemaleIran2013-11-16 22:53:00
K-1 Fiance(e) Visa Process & ProceduresCan an RFE be a good indication on progress?

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

 

[Moderator hat off]

If you responded appropriately to the requirements, you should see action very soon. :)


TBoneTXMaleEcuador2014-10-10 01:34:00
K-1 Fiance(e) Visa Process & ProceduresCan an RFE be a good indication on progress?

We filed an 129-f back in July. The VJ estimate was that we should anticipate our NOA-2 in mid-November or early December. However, this week I received an RFE and responded with the correct information within 24 hours.

My questions are:

1. Can this be seen as an indication that our petition has floated to the top and is now being processed?
2. Can this be seen as an indication that our other material has been deemed acceptable?

I know we are playing both a waiting and a guessing game. I'm just trying to gather your opinions to see if this RFE indicates we might get our NOA-2 soon, even though the VJ estimate added 30 days to our schedule due to the RFE.

Yours in anticipation....








 

Yup that means your case file is on someone's desk!   :thumbs:

 

 

 

 

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


Edited by Hank_, 10 October 2014 - 06:41 AM.

Hank_MalePhilippines2014-10-10 06:41:00
K-1 Fiance(e) Visa Process & ProceduresIgnored RFE and still got approved??

Thanks for the replies.

 

Long story short...

My ex fiance and I sent out the I129F package back in early February this year. About 8-10 days later, we received the NOA1. 

In March, he told me he received a letter in the mail.. an RFE, requesting for additional evidence of ongoing relationship. This is when he said we should quit, and broke up with me. 

Although being devastated, I had no choice but to agree with his decision. And we did not submit anything in response to the RFE. I thought our petition was deemed denied (of course).

I never doubted the existence of the RFE.. until I received the NOA2 in email in early August, and then the package from the US Consulate General stating how to follow through the process... 

 

Hence, I'd like to ask for those who are more experienced than me in this regard... has anyone experienced anything like this? 

Is there any way you could just receive and ignore an RFE, but still get a K1 approval? (what are the odds? ha...)

 

I understand either way, he must not have loved me enough and I do not intend to "save" this relationship anymore. Yet, it's a terrible feeling to not know the "truth". 

 

Someone handed you a bunch of BS about an RFE for evidence of an ongoing relationship - USCIS does not ask for ongoing relationship evidence, the requirement is having met in person within 2 years.  Ongoing relationship evidence is at the embassy phase of the visa process.

 

There never was an RFE is my gut feeling.


Hank_MalePhilippines2014-10-09 06:23:00
K-1 Fiance(e) Visa Process & ProceduresIgnored RFE and still got approved??

Hi all, 

I know this sounds extremely stupid.. but is it at all possible that someone could be issued an RFE, ignore it and still get a k1 approval? 

At work right now, I'll provide more details why I asked this later on... 

 

Maybe, but don't remember reading about any such cases.


baron555MaleRussia2014-10-09 09:04:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

When you use assets, you need at least 3 times the income amount. So, you would need to show at the bare minimum, around $60,000, not only $19,662. The CO will have sole discretion on whether or not to accept it.


KayDeeCeeFemaleMexico2014-10-08 21:45:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

His money in the bank makes income..And that is higher than the poverty guidelines

 

Interest income is income. Show proof of the money in the bank and the amount of interest income he earns from it annually. You can use a letter from the bank or bank statements. The interest income should also be claimed on his taxes as proof.
 


KayDeeCeeFemaleMexico2014-10-08 22:20:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

Yes. Income is income. There is no requirement for the income to be from employment. If he has enough money in the bank that he earns $30k a year from interest alone, then I do not see a problem with you becoming a public charge. That is what the CO decides, whether or not the intending immigrant will become a public charge or not. I would supply 6-12 months worth of bank statements, not just one.


KayDeeCeeFemaleMexico2014-10-08 22:29:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

You think having just 2012&2013 ITR is a problem? Because that's what I have right now.

 

No. Manila only requires the most recent tax return, so you only need to supply 2013. You can supply 2012 too, if it helps prove his interest income though.
 


KayDeeCeeFemaleMexico2014-10-08 22:37:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

When you use assets, you need at least 3 times the income amount. So, you would need to show at the bare minimum, around $60,000, not only $19,662. The CO will have sole discretion on whether or not to accept it.

 

Not using assets themselves, his "income" is interest received from these assets.

 

And with the Philippines they want 5 times, IF they will accept assets at all... which normally USEM does not.


Hank_MalePhilippines2014-10-09 06:17:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

 

Not using assets themselves, his "income" is interest received from these assets.

 

Yes, that was cleared up through the rest of the thread.

 

 

His money in the bank makes income..And that is higher than the poverty guidelines

 

 

 

Interest income is income. Show proof of the money in the bank and the amount of interest income he earns from it annually. You can use a letter from the bank or bank statements. The interest income should also be claimed on his taxes as proof.
 

 

So meaning if my fiancé has $30,000 (for example) annual interest income, that is fine? As long as I have a bank statement.

 

 

Yes. Income is income. There is no requirement for the income to be from employment. If he has enough money in the bank that he earns $30k a year from interest alone, then I do not see a problem with you becoming a public charge. That is what the CO decides, whether or not the intending immigrant will become a public charge or not. I would supply 6-12 months worth of bank statements, not just one.

 

 


KayDeeCeeFemaleMexico2014-10-09 17:39:00
K-1 Fiance(e) Visa Process & ProceduresStill confused about the affidavit of support

 

Yes, that was cleared up through the rest of the thread.

 

 

 

 

Ya it has been beat to death in other topics  ;)  Some people feel the need to ask the same question over and over, not sure if they are expecting different results or what.  But she made it very clear she didn't want me answering her.. :lol:


Hank_MalePhilippines2014-10-09 17:53:00
K-1 Fiance(e) Visa Process & ProceduresWhat if visa interview fails?

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***


TBoneTXMaleEcuador2014-10-09 22:53:00
K-1 Fiance(e) Visa Process & ProceduresWhat if visa interview fails?

 If you filed for a fiancé visa and you are married you will definitely be denied


NigeriaorBustNot TellingNigeria2014-10-10 21:43:00
K-1 Fiance(e) Visa Process & ProceduresThe day!!!!

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


TBoneTXMaleEcuador2014-10-09 22:52:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS.  She will not be here illegally and your baby will be born in the US as you wish.  The only concern you may have is that it is almost a certainty that your insurance will not cover the delivery, which under normal circumstances may run you in excess of $20k in medical bills.

 

Having said that however, even if she were to return to Chile and have the baby there - where she might have better medical services than an uninsured person would in the US - the baby would still derive US citizenship from you, so it would still be a US citizen as you want.  On the flip side, chances are she would have to wait at least 6 months for a K-1, or 12 months for a CR, depending on whether you marry her before the leaves the country.

 

Congrats and good luck whatever your course of action.


Edited by JohnR!, 09 October 2014 - 09:04 AM.

JohnR!MaleMonaco2014-10-09 09:01:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

Questions: 

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

No

 

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

Most likely not but it is possible but she still have to return, have her medical and Embassy interview in her country.

 

3: What would you advice (Fiancee Visa or Spouse Visa)?

K-1 is a bit quicker but you could marry now and then she returns when her current visa runs out.  You could begin the filing of either while she is here (obviously need to marry first before filing for the CR-1 Spousal Visa).

 

4: What are her chances of entering USA as a pregnant woman under VWP?

Maybe

 

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach. 

If you became married, then she might qualify as your spouse, something to investigate.

 

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP?

Yes

 

We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

Just because she is pregnant doesn't automatically qualify you to circumvent the immigration process.  I don't mean to sound mean, really.

 


 


Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS.  She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved. 

 

and your baby will be born in the US as you wish.  T

 

 


baron555MaleRussia2014-10-09 09:05:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

This is incorrect. 

 

 

 


6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP?

Yes

 


 


JohnR!MaleMonaco2014-10-09 09:06:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

 

Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS.  She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved. 

 

and your baby will be born in the US as you wish.  T

 


JohnR!MaleMonaco2014-10-09 09:08:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

 

No you're wrong.  She came here on a visitor's visa.  She has to abide by that regardless of her marital status.....why then wouldn't any VWP visit, become pregnant and then AOS.......that would be circumventing the entire immigration process.

 

I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.

 


baron555MaleRussia2014-10-09 09:11:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

In that we agree, however imho it is a bad idea because of the financial implications.  Proving fraud is very hard and the burden falls on the USCIS.  If the relationship this couple has is a real one they should be able to get her AOS approved without incidents.

 

 



 

I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.



 


JohnR!MaleMonaco2014-10-09 09:27:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

 It's all about the intention at the time of POE.

 

 

It doesn't matter about intention at time of POE.  Someone can not just come here on a VWP and then change their mind to AOS.......and creating a pregnancy doesn't automatically allow one to circumvent the process.....the same as suddenly deciding to become married....doesn't allow anyone to circumvent the process.

 

The pregnancy came into being by two adults willingly allowing it to happen....it doesn't happen automatically without thought (or does by lack of same).
 


baron555MaleRussia2014-10-09 10:37:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Yes they can. It may not be fair to some, but there is nothing illegal in doing so.

 

 

 

It doesn't matter about intention at time of POE.  Someone can not just come here on a VWP and then change their mind to AOS.......and creating a pregnancy doesn't automatically allow one to circumvent the process.....the same as suddenly deciding to become married....doesn't allow anyone to circumvent the process.

 

The pregnancy came into being by two adults willingly allowing it to happen....it doesn't happen automatically without thought (or does by lack of same).
 

 


JohnR!MaleMonaco2014-10-09 10:38:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Yes they can. It may not be fair to some, but there is nothing illegal in doing so.

 

 

Then everybody should do the same?

 


baron555MaleRussia2014-10-09 10:41:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Couldn't say.  I can't speak for everyone.  I am only speaking within the parameters of the OP's situation.

 

 

Then everybody should do the same?

 


JohnR!MaleMonaco2014-10-09 10:46:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

She might have commitments requiring her return, she has a return ticket.

 

Otherwise marry, file and adjust would seem the logical choice.


BoilerMaleWales2014-10-09 11:28:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Get married now, adjust status, and add her to your insurance. Do not be put off by those that say it is illegal, it is not. As long as you did not plan on her staying when she arrived, you will not be doing anything wrong. 

 

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening).  To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

 

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?


baron555MaleRussia2014-10-09 11:28:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening).  To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

 

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

 

The law allows them to adjust, so you are pontificating about a non issue.


BoilerMaleWales2014-10-09 11:30:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

Because the law allows for that, if that is the route they wished to follow.

 

Again, as I said, it may not sound fair for those who have to choose between the K or CR route, but it is perfectly legal to do so.

 

 

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening).  To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

 

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

 


Edited by JohnR!, 09 October 2014 - 11:32 AM.

JohnR!MaleMonaco2014-10-09 11:31:00