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Kyle89

Forms just arrived at NVC

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3 hours ago, Kyle89 said:

Thank you,

 

sorry super stressed, we had planned our wedding for August and the fiancé is freaking out about it. I’m more like oh well if we don’t get approved by then we just do the ceremony and don’t sign the marriage license then we go to a justice of the peace after we get approved. But she’s losing her mind. 

Unfortunate, but really one cannot plan specifics for weddings when doing a K-1.  That is one of the major disadvantages.  Hopefully you haven't pre-paid/paid nonrefundable deposits, as the queue for interviews in Montreal is legendary.

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2 hours ago, Kyle89 said:

We had no idea since one of the lawyers we talked to suggested getting them done. Another post on here said that we should get them done before seeing the medical facility because one of them required boosters. 

This is the updated USCIS policy manual and it describes what is required: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

 

"Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full immigration medical exam in the United States for purposes of adjustment of status."

 

Andhttps://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B

 

"K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination."


A second medical exam is not required for the K-1.

 

From <https://www.visajourney.com/forums/topic/687576-change-to-medical-requirements-will-we-need-another-medical-before-aos/>

 

 

Just so there is no confusion under these new procedures they do not change anything for the K-1 visa. You will still follow Embassy instructions and current Medical protocol and once in the US you will complete your AOS with the inclusion of the DS-3025, which for a K-1 trumps the I-693 requirement in most cases. Now, if for whatever reason your DS-3025 is not complete then you will need to see a Civil Surgeon to have them complete the vaccinations and to transpose the DS-3025 to the I-693 which will require a separate payment to the CS. CS can charge whatever they want. I have seen $75 to $600 to complete the I-693 because you didn't receive a DS-3025 marked "complete".

 

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: K-1 Visa Country: Canada
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57 minutes ago, Greenbaum said:

This is the updated USCIS policy manual and it describes what is required: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter4.html

 

"Special rules may apply to certain foreign nationals who were examined overseas, including certain nonimmigrant fiancé(e)s or spouses of U.S. citizens (K visa), spouses of lawful permanent residents (V visa), refugees, and asylee dependents. Such foreign nationals usually do not need to repeat the full immigration medical exam in the United States for purposes of adjustment of status."

 

Andhttps://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartB-Chapter3.html#S-B

 

"K and V nonimmigrants applying for adjustment of status are not required to repeat the medical examination if the application was filed within one year of the date of the original medical examination."


A second medical exam is not required for the K-1.

 

From <https://www.visajourney.com/forums/topic/687576-change-to-medical-requirements-will-we-need-another-medical-before-aos/>

 

 

Just so there is no confusion under these new procedures they do not change anything for the K-1 visa. You will still follow Embassy instructions and current Medical protocol and once in the US you will complete your AOS with the inclusion of the DS-3025, which for a K-1 trumps the I-693 requirement in most cases. Now, if for whatever reason your DS-3025 is not complete then you will need to see a Civil Surgeon to have them complete the vaccinations and to transpose the DS-3025 to the I-693 which will require a separate payment to the CS. CS can charge whatever they want. I have seen $75 to $600 to complete the I-693 because you didn't receive a DS-3025 marked "complete".

 

Her physician in Canada gave her the vaccinations required for the Visa. Nothing further. She has her shot record as well. It’s not like she’s avoiding anything we just weren’t informed that they did vaccinations at the medical exam and she was worried she would be denied or held up without them. I don’t see anything in there that states doing that is against any policy. 

 

She is bringing everything including a titer test to the medical exam. 

 

Also you kinda come off super rude. 

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Filed: K-1 Visa Country: Canada
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2 hours ago, Jorgedig said:

Unfortunate, but really one cannot plan specifics for weddings when doing a K-1.  That is one of the major disadvantages.  Hopefully you haven't pre-paid/paid nonrefundable deposits, as the queue for interviews in Montreal is legendary.

Yeah we’ve heard that before. We’ve decided if the visa isn’t done by the time of the wedding then we just aren’t signing the license and will do it after approval. And just doing this for family and friends. 

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She can get the vx at her dr or health unit.  Free vs $$ it's fine in Canada. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
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19 minutes ago, NikLR said:

She can get the vx at her dr or health unit.  Free vs $$ it's fine in Canada. 

Thank you, that’s what we were told by the lawyer and others. 

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Filed: K-1 Visa Country: Italy
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9 hours ago, Kyle89 said:

Yeah we’ve heard that before. We’ve decided if the visa isn’t done by the time of the wedding then we just aren’t signing the license and will do it after approval. And just doing this for family and friends. 

Maybe Canada is more lenient(?) less likely to scrutinize, but if you have the wedding with family and friends before approval -would that risk making you "too married" for getting approved at your interview? ...Or at the POE if the CBP officer finds anything from the wedding on your electronic devices, etc is there a risk of K1 entry denial?

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14 hours ago, Kyle89 said:

(I figured it would be closer to September than anything because the 797 or whatever saying we were approved was good til September) 

As long as there is activity on the case at the embassy level like scheduling of the interview, the expiration will be renewed by the embassy, or extended.

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Filed: K-1 Visa Country: Canada
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1 hour ago, Emmandis said:

Maybe Canada is more lenient(?) less likely to scrutinize, but if you have the wedding with family and friends before approval -would that risk making you "too married" for getting approved at your interview? ...Or at the POE if the CBP officer finds anything from the wedding on your electronic devices, etc is there a risk of K1 entry denial?

I’m not sure, we sent them paid invoices of everything and asked our lawyer about it, he said as long as we didn’t sign the marriage license it was good to go. Because until you sign the license you aren’t married. 

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Filed: Citizen (apr) Country: Indonesia
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37 minutes ago, Kyle89 said:

I’m not sure, we sent them paid invoices of everything and asked our lawyer about it, he said as long as we didn’t sign the marriage license it was good to go. Because until you sign the license you aren’t married. 

 

It is sometimes an issue for high fraud countries. Canada doesn't fit that description of course. That being said, I wouldn't mention the "event" during the interview (unless specifically asked about it). 

 

Your lawyer is correct in terms of legality, but consular officers have discretion to reject a visa if they think an applicant is already married. IOW, innocent until proven guilty doesn't apply in this circumstance. 

 

 

 

 

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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2 hours ago, Emmandis said:

Maybe Canada is more lenient(?) less likely to scrutinize, but if you have the wedding with family and friends before approval -would that risk making you "too married" for getting approved at your interview? ...Or at the POE if the CBP officer finds anything from the wedding on your electronic devices, etc is there a risk of K1 entry denial?

There have been may cases that what you see as a "party" to what the CO sees as a possible "wedding". I would hate to see you come all this way and get denied because of an innocent picture. Why give the CO "ammunition" to use against you in ways you never thought possible. I'll give you an example and from there you'll need to make your own decision. If you want more information than in the upper right corner of this page is a search box. Use the words "marriage ceremony" and you will have more examples.


https://www.visajourney.com/forums/topic/690759-k1-interview-denial/
 

 

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: K-1 Visa Country: Canada
Timeline
2 hours ago, Greenbaum said:

There have been may cases that what you see as a "party" to what the CO sees as a possible "wedding". I would hate to see you come all this way and get denied because of an innocent picture. Why give the CO "ammunition" to use against you in ways you never thought possible. I'll give you an example and from there you'll need to make your own decision. If you want more information than in the upper right corner of this page is a search box. Use the words "marriage ceremony" and you will have more examples.


https://www.visajourney.com/forums/topic/690759-k1-interview-denial/
 

 

I’ve shown these to my fiancé and since everything is refundable and the “wedding” didn’t involve anyone from the county or church to do it we are going to cancel it and let everyone know. 

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2 hours ago, LOve17 said:

You are correct, the medical facilities in Canada require you to get your vaccinations outside of their clinics. At least in Toronto that is the case. 

You can get them done at the medical, but they cost money. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Canada
Timeline
34 minutes ago, NikLR said:

You can get them done at the medical, but they cost money. 

It states on Dr. Lyndon Mascarenhas's website that "We DO NOT give vaccines in our office." Maybe other offices across Canada do. But better to not pay for them anyway! 

Edited by LOve17
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