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By philipo in K-1 Fiance(e) Visa Process & Procedures

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philipo Explorer

philipo   5

Posted
Filed: K-1 Visa Country: Belgium
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Posted

hi long story short :

I ( the benificiary) did a K1 visa I am from belgium

I went to the interview and everything was OK except a co sponsor ( we did not have one )

so they gave me a 221g and gave me a couple of weeks/months to find a sponsor

so I went to the states ( with a tourist visa ) me and my fiancé tried to approach the family members and asked them if they want to sponsor

the problem is she has a small family so they are not employed or working for the gouvernment, so I couldn't find anyone to sponsor me ..

so now I am back in belgium with empty hands trying to figure out what to do ..

I was thinking.. would it be ok if I cancell this k1 visa and go to the states ( with a tourist visa) and get married just like that and go for a CR1 visa ??

why I am saying this is because she will find a job in a c ouple of months I am sure of that ) and then she can be my sponsor ( right now she has no job , but thats because she has just moved to the states she was living in belgium as well , she has double nationalities USA and belgian) but can You guys help me out im so stuck at the moment.. really dont know what to do .. please all the stupid/negative comments leave that for yourselfss ..

regardss

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philipo Explorer

philipo   5

Posted
Filed: K-1 Visa Country: Belgium
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Posted

hi long story short :

I ( the benificiary) did a K1 visa I am from belgium

I went to the interview and everything was OK except a co sponsor ( we did not have one )

so they gave me a 221g and gave me a couple of weeks/months to find a sponsor

so I went to the states ( with a tourist visa ) me and my fiancé tried to approach the family members and asked them if they want to sponsor

the problem is she has a small family so they are not employed or working for the gouvernment, so I couldn't find anyone to sponsor me ..

so now I am back in belgium with empty hands trying to figure out what to do ..

I was thinking.. would it be ok if I cancell this k1 visa and go to the states ( with a tourist visa) and get married just like that and go for a CR1 visa ??

why I am saying this is because she will find a job in a c ouple of months I am sure of that ) and then she can be my sponsor ( right now she has no job , but thats because she has just moved to the states she was living in belgium as well , she has double nationalities USA and belgian) but can You guys help me out im so stuck at the moment.. really dont know what to do .. please all the stupid/negative comments leave that for yourselfss ..

regardss

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Darnell Grand Master

Darnell   8,478

Posted
Filed: IR-1/CR-1 Visa Country: China
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Posted

although the IV unit mentioned a coupla weeks to get in the new documentation,

I'll bet that the paperwork you received mentioned 1 year to return the new documents.

Take a look at what you received from the IV Unit, see what their duration is, to return stuff to them.

and then report back.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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USC1961 Enthusiast

USC1961   251

Posted
Filed: K-1 Visa Country: Switzerland
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Posted

You would be commiting visa fraud. Entering the US on a tourist visa with the obvious intent of staying would hurt your chances of getting a visa in the future. I would take this as an advantage and save up some Euros in Belgium. When your fiance gets a job, then work out the visa bit.

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Mark88 Proficient

Mark88   183

Posted
Filed: Other Country: Germany
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Posted
the problem is she has a small family so they are not employed or working for the gouvernment, so I couldn't find anyone to sponsor me ..

Any USC or LPR can be a sponsor. Maybe you can find friend who will be your co-sponsor. Or if she has cash assets (about $80K) and no job this will meet the requirements too.

I was thinking.. would it be ok if I cancell this k1 visa and go to the states ( with a tourist visa) and get married just like that and go for a CR1 visa ??

If you go to the states with a tourist visa and do AOS you will be comitting immigration fraud. A B-2 visa is for visitors, and not for immigration. Especially when USCIS looks at your case file, and sees a K-1 application, you will have to deal with a lot of red flags that will probaly end in deportation. You will still have to fullfil the I-864 requirements even with AOS.

please all the stupid/negative comments leave that for yourselfss ..

There is nothing positive to say though: Enter the US on a tourist visa, do AOS will probaly end in deportation and high legal costs. Better do it the right way, or at least find a co-sponsor to finish the K-1 process.

It's amazing how many questions can be resolved with a 2 minute Google search...

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TBoneTX Grand Master

TBoneTX   43,290

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted (edited)

*** Duplicate thread moved from CR-1 Process forum to K-1 Process forum and merged with its twin thread. Please avoid posting the same query in multiple locations. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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TBoneTX Grand Master

TBoneTX   43,290

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

please all the stupid/negative comments leave that for yourselfss ..

If you wish for people to help you, please treat them with respect in advance by not "presuming" undesirable comments. If someone posts something objectionable, report it and it will be dealt with.

TBoneTX

on behalf of VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Mark88 Proficient

Mark88   183

Posted
Filed: Other Country: Germany
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Posted

but thats the problem.. the visa expires in december..

So was the visa already issued? Or did you apply for the K-1 last December?

It's amazing how many questions can be resolved with a 2 minute Google search...

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lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Your visa hasn't been issued, so it can't expire in December. If you mean if it was issued now it would expire in December because of when you had your medical, don't worry.

If you've got a year to get the extra stuff, get it. If your medical has expired, you'll just have to have another one.

If your petition expires in December, that's okay too.

Can you tell us what you mean by a December expiry, so we're clear? How long did they tell you you had? Is it a year as Darnell suggests?

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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S-C Enthusiast

S-C   21

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

For the record, he did say he would go to the US on a tourist visa, get married, and then apply for a CR-1. He never mentioned looking to go AOS after marrying.

Therefore no fraud would be committed.

Like what has been said previously, check how long they have given you to collate the documents and send them back. If you have a decent amount of time and honestly think your fiance will have a job by then, then wait.

04/15/2014 - Filed I129-F

04/22/2014 - NOA 1 received (TSC)

08/11/2014 - Notice of transfer received (CSC)

09/18/2014 - NOA 2 received

11/12/2014 - Interview Date (approved)

12/01/2014 - US Arrival Date

12/10/2014 - Married

02/05/2014 - AOS Filed

02/28/2015 - Notified of Request for Initial Evidence

03/10/2015 - Sent Requested Evidence

04/03/2015 - EAD and Advanced Parole Approved

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teresajulius Rookie

teresajulius   0

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

The co-sponsor doesn't have to work for the government. as long as it's a US citizen and meets the income requirements you should be good!

I'd rather prefer to get a co-sponsor than cancel everything (spent so much money) and wait for my faincée to find a job cause getting a job can take a while and then you need several pay stubs, tax returns etc for prove.

Just check again for the co-sponsor. I think that's the easiest way to go about it.

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

but thats the problem.. the visa expires in december..

You did not receive a visa therefore it won't expire in December.

The 221g letter you were given should state on the bottom that you have 1 year to comply.

Clarify this with your consulate.

If the medical expires then you do a new medical.

I advice you wait until your fiance has a better job and then submit your financial papers.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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