K1 Visa

[Lien_Joseph 0]

I met my fiancee 3 years ago, be with her at least 10 times. We have tons of evidence such as emails, phone bills, chat, money reciepts and specially our gorgeous 11 months old baby girl. I divorced 6 years ago, no children, stable finance, cleaned background. The problem here is she had her ex-fiance filed for k1 visa 10 years ago, had interview and got blue sheet that asked for co-sponsor. Seven years later after she broke up with her ex, I met her. I filed for her k1 visa in Feb '2010, got NOA1 and been waiting for NOA2. What I've been worrying is our file will be put in the dark forever, I spoke to one guy at uscis last week, he said our case is need to be checked for awhile, if they need any evidence, they will let me know in the mail. I am very woried and have sense I will have to wait forever for my fiancee and my child to get here in usa. Can we file for tourist visa for my fiancee and the child while we are waiting for k1 visa ? Is there anyone of you have same situation and what is your suggetion for our case ?

:help:

[Penguin_ie 5,986]

So the previous K1 visa was never used, they just abandoned it after the request for a co-sponsor, and your fiancee never came to the US If so, that should not be an issue; she may get a couple of questions about it at the interview, but that is it. I also wouldn't worry about what the USCIS guy said. that callcenter isn't called "the miss-information line" for nothing. It will be a while until you get NOA2, but that is normal, you can expect to wait several months (do a timeline check here on VJ for a more accurate guesstimate).

As to the tourist visa, you can apply for it, it's only 100 dollars, but chances of her getting it are slim as she has obvious immigrant intent, having a K1 in thew works. Presumable the child is a USC via you so wouldn't need a visa.

[payxibka 10,044]

I assume you have followed the CRBA process for the child?

[decker 1]

Do a Consulate Report of Birth Abroad for the child. It's relatively easy and straight forward. Then you can submit as part of the evidence pile. You may get a demand for DNA testing but that is simple as well. Just be ready to jump through the rings. There are always rings.

Tourist visas are hard to come by. My wife applied twice and was sent packing twice. The "ties to home" is hard to prove when she has very definite ties to you. Devote your energy and resources to bringing her and your daughter to you.

[Anh map 2,098]

-Moved from K1 Case Filing and Progress Reports to K1 Process and Procedure forum-

She never was granted the K1 visa?

She's not likely to get a tourist visa, but you can always apply.

[JimVaPhuong 4,863]

I met my fiancee 3 years ago, be with her at least 10 times. We have tons of evidence such as emails, phone bills, chat, money reciepts and specially our gorgeous 11 months old baby girl. I divorced 6 years ago, no children, stable finance, cleaned background. The problem here is she had her ex-fiance filed for k1 visa 10 years ago, had interview and got blue sheet that asked for co-sponsor. Seven years later after she broke up with her ex, I met her. I filed for her k1 visa in Feb '2010, got NOA1 and been waiting for NOA2. What I've been worrying is our file will be put in the dark forever, I spoke to one guy at uscis last week, he said our case is need to be checked for awhile, if they need any evidence, they will let me know in the mail. I am very woried and have sense I will have to wait forever for my fiancee and my child to get here in usa. Can we file for tourist visa for my fiancee and the child while we are waiting for k1 visa ? Is there anyone of you have same situation and what is your suggetion for our case ?

:help:

What exactly happened to the first K1 application? Did she just not return with the additional documents, like a co-sponsor affidavit of support? Did she return the documents, but get denied? These details could be very important.

Your daughter is not eligible for a tourist visa because she has a claim to US citizenship. If you haven't filed the CRBA, then get that done before you start the K1 process. Your daughter will get a US passport.

Your fiancee can apply for a tourist visa, but these are very hard to get at the consulate in HCMC. I considered having my wife apply for one while we were still early in the K1 process. I asked about it on this forum, and got the same response. I've also met a lot of Viet Kieu here, and I asked them as well. None of them know anyone who has ever gotten a tourist visa in HCMC.

[Lien_Joseph 0]

Phewwww!!! Finally I found my topic. Thanks to all of you. I greatly appreciate your information.

I've filed the CRBA for the child. She has her US and Vietnamese passport. As for my fiancee, she did return with a form I-134 signed without norarized, the consulate sent her a letter that asked her to prodive W-2's of joint sponsor again. In sum, she never was granted the K1 visa.

I now understand that the chance for her to get a tourist visa is zero. I filed for K1 visa in late Feb, I know I will have to wait for another few months, I am preparing documents myself to get married in VN in case she can't get K1 visa. I just hope I don't have to deal with crazy complicated marriage proceedings and bureaucracy in VN though, waiting for another year will be killing me as both my fiancee and I are over forty.

Once again, thank you to everyone. Wish you all a happy life

[Bernie C 24]

You sent the I-129f petition in February, take a few deep breaths and try to relax a little.

You can expect a bit more waiting before you will hear on the NOA2. Be prepared for 3-5 months wait from submittal. I mentally prepared myself for a 5 month wait and got our NOA2 in three so it was a nice suprise.

In the mean time, it sounds like you had lots of visits. You can use your time constuctively and start preparing the proofs you already have and organizing them.

I separated things by visit, date, place, etc, including boarding passes, receipts, photos.. Also, start reading and reviewing about what to expect next. You have time to start learning and preparing (not sure how familiar you are with the process).

If you have questions along the way, drop in and ask, VJ family here (especially the VN family as that is your consulate if interest) will be glad to share our experiences with you in hopes of providing some help