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eaglemedic101

can I start the K1 visa process

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My fiancee just got her finality in her anullment.She is in the philippines can any body tell me is it ok to send in my visa packet with just her finality paper and get the process started? Any advise would help me alot. Gosh this has been a 2 1/2 year ordeal. Any help please?

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My fiancee just got her finality in her anullment.She is in the philippines can any body tell me is it ok to send in my visa packet with just her finality paper and get the process started? Any advise would help me alot. Gosh this has been a 2 1/2 year ordeal. Any help please?

How long since you two were together? If more than 2 years you would not be eligible to file (must have meet in person within 2 years of filing).


Service Center : California Service Center

Consulate : Manila, Philippines

I-129F Sent : 2008-12-02

I-129F Receipt Notice : 2008-12-05

RFE: 2009-02-26

Approval Notice: 2009-03-13

NVC Received: 2009-03-23

Left NVC: 2009-05-12

Stuck at NVC 50 days

Interview: 2009-06-23 Passed!

Visa picked up: 2009-06-25

POE Detroit: 2009-07-04

Married: 2009-09-11

Filed for AOS: 2009-09-22

Biometrics taken: 2009-10-29

Advance Parole approved 2009-11-04

Employment Authorization approved 2009-11-04

AOS Appointment 2009-12-15

AOS Approved 2009-12-15

Green Card Received 2010-01-02

Filed for ROC: 2011-09-17

ROC approved 2012-03-21

Green Card Received 2012-03-26

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If you're a US citizen, and you're both legally free to marry, and she can prove her freedom to marry with a CENOMAR [the consulate will take your word for your freedom to marry, if the wedding is to take place in the US], and you two have been in the same room at the same time sometime in the last 2 years, and can prove it, you're good to file an I-129F.


DON'T PANIC

"It says wonderful things about the two countries [Canada and the US] that neither one feels itself being inundated by each other's immigrants."

-Douglas Coupland

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I have been there 5 times since we met over the course of almost 3 years. We have doing the annullment process for 2 1/2 years. She has got her finality document of the annullment today. Can I file for her K1 Visa before she gets her decree? I am sure she will have her annullment decree before her interview. The way i understand it the court will send the finality to her LCR where she got married and the LCR where her anullment was conducted and then the NSO. But can I apply now for the K1 or do I have to wait till its registered with the LCR's and the NSO. Gosh I hope I can because the wheels of freedom there turn really slow and the mail system is the same. Any help please

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If you're a US citizen, and you're both legally free to marry, and she can prove her freedom to marry with a CENOMAR [the consulate will take your word for your freedom to marry, if the wedding is to take place in the US], and you two have been in the same room at the same time sometime in the last 2 years, and can prove it, you're good to file an I-129F.

The only time a Consulate or USCIS will take anybody's word on freedom to marry is when they have never been married. Otherwise, the correct evidence of freedom to marry is required by both USCIS and all Consulates. A CENOMAR is not needed at the USCIS stage, only at the Consular stage.

What is required in the case of annulment in the PI is a "Declaration of Nullity of Marriage" issued by the court.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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My fiancee just got her finality in her anullment.She is in the philippines can any body tell me is it ok to send in my visa packet with just her finality paper and get the process started? Any advise would help me alot. Gosh this has been a 2 1/2 year ordeal. Any help please?

Hi there are 3 stages after the annulment was done 1. The Decision 2. The finality 3. the Annotated of the Marriage Cert.

You can submit with the Decision of Nullity of Marriage to the USCIS.

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Is there any update on this situation? Or any more information? My fiancee and I are in the same situation and this really brings hope to us if we can begin the visa process as soon as the court makes it's decision.

Yes we filed for our K1 visa in sept 11 We have had our NOA2 since Jan 6 Our case is at the NVC waiting to be sent to Manila. We filed our case as soon as she got her finality. And it was recorded at the NSO. As soon as your annullment gets recorded at the NSO I would file. Good luck with your journey. Just make sure that you send plenty of evidence of meeting.

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Wow, thank you for the fast response! That's so amazing that you got your NOA2 after less than 5 months. We're really hoping we have that luck also. We have plenty of evidence of us being together recently, but is there anything else we can do to make sure there is no RFE? Thank you and good luck on your journey too!

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Is there any update on this situation? Or any more information? My fiancee and I are in the same situation and this really brings hope to us if we can begin the visa process as soon as the court makes it's decision.

As stated before, to file the petition... What is required in the case of annulment in the PI is a "Declaration of Nullity of Marriage" issued by the court.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Just make sure all your forms are filled out. and signed, make sure your pic's are time stamped or with the time and date on the back of the photo. have your passport copied all pages and sent in. copies of airline tickets and hotel stubs. copies of snail mail letters with the postmark i would send. and maybe a few chat conversations i would send. thats basically all i sent and i had no RFE's good luck.

ps.. one more thing about your forms....

recheck recheck recheck everything

Edited by eaglemedic101

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Just make sure all your forms are filled out. and signed, make sure your pic's are time stamped or with the time and date on the back of the photo. have your passport copied all pages and sent in. copies of airline tickets and hotel stubs. copies of snail mail letters with the postmark i would send. and maybe a few chat conversations i would send. thats basically all i sent and i had no RFE's good luck.

ps.. one more thing about your forms....

recheck recheck recheck everything

Thank you for another opportunity to address some common myths of the visa process.

Most of the above advice is useless because it is inaccurate. Rechecking is important. Photos time stamped or dates on the back are not. The word "Just" absolutely does not apply because there is much more to it than that.

The most important things are not even mentioned. Those are the actual required documents.

I recommend photos in support of the relationship and as secondary evidence of meeting, be printed several to a full page, on regular paper. Submitting loose photos is a great way to get them lost or discarded along the way. Date stamps are currently meaningless to USCIS, no matter what outdated information is still on their website.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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