How prepared are we for a K-1?

[AliceWhite 0]

Hi everyone,

I want to start by saying thanks to anyone who bothers to read this. I've been scouring threads old and new for a month now and noticed that everyone here is really helpful and pragmatic. I'm a pragmatist and rationalist so I need everything straight. I've been reading into things and these are the relevant data I think I have before I try to really sit down and work this all out and I just want to know where we are and where we need to go from here. I'm terrified to death of taking any steps because government related procedures make me shake.

US Citizen: Alice White (me), not my legal name but it doesn't matter for here. Tulsa, Oklahoma.

Income: 23K+/year

Job since: October, 2013. Unemployed/Contract work 4 years prior.

Housing: Yes, apartments since January 2014.

Met fiancee: Yes, January 2014-February, have plane ticket stubs and Expedia emails

Evidence: Pictures we took together, mostly we just talk on skype/video and don't use email. We should probably start using email for documentation I think?

Foreign Beneficiary: Kate White (obviously not legal name since it's the same surname as mine and we're not filing a CR-1)

Country of origin: Canada (Quebec--Montreal)

Income: None

Job since: None. No past employment.

Housing: Lives with family. Not currently in education.

Record: No arrests or convictions, no legal trouble of any kind

We have attempted visits 3 times. Here is the breakdown:

First visit: January-February 2014, 3 weeks stay by plane. We bought a one-way assuming we would buy the return within a month or two depending on how things went. Customs forced her to buy a return on the spot but at least let her in despite not being in education or employment. Success

Second visit: February. Intended 3 week stay by bus. She took a car to the border and intended to bus to Tulsa, Oklahoma (where I live) from Massena, NewYork with a round-trip. Unfortunately, the border guard did not allow it and we were naive. She was photographed and fingerprinted. Failure and heartache

Third visit: March 11. Intended 3 week stay to April 2 by plane. Round trip tickets, this time with more preparation. Intended to use this to exercise our ability to marry and then send her home so we can file a CR-1 and live happily ever after. Intended marriage destination was Albuquerqe, New Mexico because of the ease, proximity, and being a same-sex friendly state. Failure and complete despair (No known reason why)

Currently we're out over $800 from failing to visit and get everything done that we need done. It's been gut wrenching for us being so apart. We initially intended to file a CR-1 visa since it looked simpler and less scary. Now we're stuck with filing a K-1.

Some notes: We don't really care about her working when she gets here. We just want to be together. I'm far more than capable of taking care of both of us and once she gets some kind of status authorization, she can do tech contracting work. It would be cool if I could get some personal stories about all of this for the human touch on what to do or not to do. All of the legal and government jargon is making my head spin and it feels so cold that it'll never happen. I'm just looking for a warm touch and a point in the right direction for the first step. We have a ton of liquid to pay any required fees and still visit (if they'll even let us...they seem to hate the guts off of NEETs and I imagine they'll deny us even more with AOS in her hands).

I think after that, I kind of need to know what ALL documents I will need so I can just download them and do a trial run. As well as checklists. I'm aware that one form isn't supposed to be signed because it's done at the interview. Tell me, assuming you have a fairly fast consulate and assuming you live right down the street from your consulate (and hopefully can skip some mailing with direct delivery), would some of that be faster?

Thanks to anyone who replies here. I'm willing to supply additional information as necessary. I'm an open book.

[NikLR 13,227]

Being denied at the border does not have an affect on a fiance or spousal petition or visa. Being banned DOES.

As long as you have met in the last 2 years in person, can prove it, and have an ongoing relationship you can file a K1 petition. You can do it tomorrow. What's holding you back?

http://www.visajourney.com/content/k1guide

[AliceWhite 0]

What's holding me back is that every time I think about doing it, I start to cry because it feels so much bigger than me.

[Zedayn 485]

Relax, its easy. For the I-129F petition you must prove 3 things:

• You are a US citizen
• You have met your fiancee in person within the last 2 years
• You are both free, able and willing to marry within 90 days of your fiancee's arrival to the US.

That's it. The K-1 guide given is a great start, and you can also check out the example forms. A brief rundown of what you need to include in your petition packet:

1. Payment of $340
2. Form I-129F
3. Form G-325A from you, signed and with passport photo
4. Form G-325A from your fiancee, signed and with passport photo
5. Letter of intent to marry from you, signed and dated
6. Letter of intent to marry from your fiancee, signed and dated
7. Copy of your birth certificate (front and back) OR Copy of all pages of your passport
8. Proof you have met within the last 2 years. You will need primary evidence of meeting such as boarding passes, passport stamps, receipts, etc. Then you can include secondary evidence such as photos, itineraries, etc. Your ticket stubs and emails will probably only be secondary evidence.

You can also include some proof of relationship, but for Canada I don't even think its necessary to include a lot.

We're all here to help, any questions you have just ask.

[lostandthenfound 4]

I am no expert, but I believe that you have absolutely nothing to worry about. Canada can hardly be considered a foreign country given the history of our two nations. I know for a fact that we share criminal and financial information with Canada. This administration has done everything in its power to make same-sex marriage the law of the land. I believe a number of states (OK included) have passed Defense of marriage legislation. In any case, immigration falls under Federal authority which is at this moment instructed to accept same sex applicants.

I thought Canada was visa exempt but I guess from ur description it depends on the person/situation. What are Canada’s views on same-sex marriage? Income has to be at least 125% of poverty…which I believe is like 19,600 for 2 people which u more than cover.

I’m telling you that you are in a very good position. I don’t even think that it will take 6 months for ur fiancé to be here. All I can suggest is that you get out of hicktown (OK) and move to a more open-minded city such as LA, Denver, Austin to name a few. Good luck, im interested in knowing how u met?

BTW- I am a Catholic, heterosexual male, but with a more open/progressive worldview.

[AliceWhite 0]

I am no expert, but I believe that you have absolutely nothing to worry about. Canada can hardly be considered a foreign country given the history of our two nations. I know for a fact that we share criminal and financial information with Canada. This administration has done everything in its power to make same-sex marriage the law of the land. I believe a number of states (OK included) have passed Defense of marriage legislation. In any case, immigration falls under Federal authority which is at this moment instructed to accept same sex applicants.

I thought Canada was visa exempt but I guess from ur description it depends on the person/situation. What are Canada’s views on same-sex marriage? Income has to be at least 125% of poverty…which I believe is like 19,600 for 2 people which u more than cover.

I’m telling you that you are in a very good position. I don’t even think that it will take 6 months for ur fiancé to be here. All I can suggest is that you get out of hicktown (OK) and move to a more open-minded city such as LA, Denver, Austin to name a few. Good luck, im interested in knowing how u met?

BTW- I am a Catholic, heterosexual male, but with a more open/progressive worldview.

Oh my stars this post fills me with hope, thank you. I want to jump on this wagon. Yeah, Canada is totally great with same-sex marriage. Even gender changes. Oklahoma passed an illegal and unconstitutional law forbidding marriages to one part of its citizens which the Supreme Court has now repremanded. It's only a matter of time before they fall in line with Utah, New Mexico, New Jersey, and so on with the list of recently fixed states. Texas received one as well on the 28th of February and they'll be forced to remove their illegal laws.

It's not really a huge issue, it's just annoying having to spend several hundred more to get married in New Mexico since Oklahoma arbitrarily doesn't allow it. But who knows, by the time the visa comes through, they might have been forced into New Mexico's position. We eventually want to leave Oklahoma and move to Washington or Vermont or some place nice. Thanks so much for the advice, this post filled me with warm gooey marshmallows.

We met as such:

An anonymous forum where people like us could just freely discuss things and post pictures and chat. She was this cutie I had seen and anonymously left messages a few times, and she liked hearing it. So one time, I decided to take a picture of myself making a <3 with my hands and leave it for her. She wasn't there anymore so I left it overnight and browsed her Tumblr. I kinda left for 3 days. But when I came back she was super happy to see me and super sad that "a cutie like me" ditched after being interested in her. So I got her Skype and on October 23, 2013 at 11:54AM Central Standard Time, I met the girl of my dreams. We talked a bit, I mentioned "That Thing You Do" as a phrase and referenced the film. She went out and got it so she could see it and I offered to have a funny little internet date with her; watching simultaneously. We pretty much hit it off really fast and fell hard. We've been together for almost 5 months (next week) and our first meeting was absolutely enchanting. We really want to make a home together. Thanks for asking :3

[johnnyv 20]

At the time that my fiance and I filed the K-1 in Oklahoma City (moved to Kansas City after approval), I thought this was a big thing, something I was so unsure about if I could do. But I constantly read the guides, checked, double checked, triple checked everything, front loaded our petition with so much stuff, and sent it in. That was July 2013.

As of February 2014, we had our interview and was approved and she received her visa! Just study this process, learn as much as you can, ask as many questions as you need, we'll help you. Looking back, this was fairly simple to accomplish, as long as you do it right the first time.

Your previous entry denials will not affect the K-1 visa, just make sure you mention them when they ask for that information.

[Maalin 0]

I think you have everything you need, really! Just go for it, and if you get stuck, people around here are lovely and will help you out! Go go go!

[Harpa Timsah 13,258]

Alice, everything looks fine. There is no reason to panic. The sooner you file the sooner you'll be together. Looks like you'll have to visit Canada next time though. Best of luck.

[MAXX1 8]

Alice, Keep reading FAQ-Fill out your forms and make a check list. Reread the forms more than a couple of times so that all is correct when you file.

I am preparing our 129 now and I have to wait for documents from China before I file. Keep reading VJ.

M

Edited March 16, 2014 by MAXX1

[skooter85 7]

I will echo what everyone above has said - you're in a good position and while there may have been some hiccups with visitation, they don't relate to the K1 process and therefore you're still good.

As someone that is wrapping up the end of the visa process with a same sex fiancee, I can tell you that it's really not a big deal and that as long as you have the correct forms, proof, and fees, the folks at USCIS and the NVC will treat your case like any other. I'm from California, but we got our NOA2 in less than 2 months - no RFE or anything!

And yeah, definitely consider getting out of OK...even if they pass something that forces the state to do same sex marriages, is that really an environment you want to start your life together in?

[C-ma'am 684]

Everything looks good, Alice.

When answering the "How did you meet?" question, you do not have to go into detail. You simply must state when the 2 of you, shared the same time and space. If I remember correctly, you said you met in January 14, so your declaration should be something short and sweet, for example: Kate and I met in January 2014. Kate traveled to <insert place you two were together" (anything else you want to add to this sentence is fine, but completely unnecessary).

Then, you must produce evidence of what you wrote. Something that, if you were the person who receives your application, will be able to establish that you two have, in fact met face to face, at least once, within the past 2 years. Examples? Copies of her passport showing the CBP Entrance stamp, Hotel receipts, etc. (Canadians will be able to give you more ideas of what to present when someone is driving over the border. If either of you had flown to see the other, there you would have boarding passes.... but not your case)

Makes sense?

For ideas, experiences or specifics about the Canadian embassy, you should stop by the regional forum http://www.visajourney.com/forums/forum/93-canada/

Edited March 16, 2014 by Celeste & C

[lkerky 25]

You should have no problem filing for I-129F. But I do have to warn you that if you already feel like this is bigger than you- this is a long, long journey and you will need to keep thinking positive!

Also, I would file ASAP as Montreal has a reputation for taking a few months to be able to book an interview for the K1 Visa once you are at that stage.

Good Luck!

[a+j 77]

Don't forget to include proof that you are going to get married in a State that allows same-sex marriage. Good luck

[djv-tco 29]

I, too, am a half of a same-sex couple with the beneficiary coming from Canada. We put together our I-129F package late September of last year without any legal help. We did not provide proof of the state that allows same-sex marriage we planned to marry in, not even a mention in our letters of intent, and did not get an RFE. Our petition was received October 1st; K-1 visa in hand January 17th.

No two cases are the same, however. Petitions are processed based on the applicants' situation and information provided. Another thing to take note is that we went through the Vancouver consulate which has a faster processing time compared to Montreal based on recent data.

If put together completely and thoroughly, a petition has a pretty good chance of getting approved quite easily without snags. That being said, our situation was clear cut and straightforward. My now wife and I were both single when we met; were not previously married; have no dependants; no criminal records, etc. We religiously studied the VisaJourney guides and followed the instructions to a T. We read up on different forums, collected proof of meeting and relationship, requested/applied for official documents well ahead of time before, etc.

Just like what the other members have said, study up and work on your petition as soon as you can. The sooner you get things started, the sooner you can tackle whatever requirement you need. It all seems so big and daunting but believe me, it's all worth it in the end.

Good luck!