Lisa Anderson

Hello VJ Community,

As per the FAQ section of K-1 visas: "...you will be required to show that you have personally met your fiance(e) within the previous 2 years."

I met my fiance in 2007 and I was planning on taking those phone records to the interview.

My question is when I send the petition so I need to provide evidence that we met in 2007 (but it was not until last year 2012 when we initiated our relationship) or can I just limit the evidence to within the previous 2 years?

If you haven’t met her in-person in the last two years, your fiancé is not eligible for the K-1 visa.

Here are some helpful links about K-1 Visa:

http://www.visapro.com/Immigration-Articles/?a=1764&z=36

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD

Hi all

i was in the usa under a f1 stdent visa on a golf scholarship and have applied for the p1 visa on the i-129 visa which they requested more information on 2 occasions.

the last information that they sent me that was i was out of status on my f1 for a few months and that i need to apply for this p1 abroad, so now i am home in scotland but still in the process in the us,

does anyone know what my employer needs to sent to the embassy in the usa to prove that im no longer in the usa to get the petition approved so i can then apply for the visa here to enter the country?

thanks in advance

Chris

A statement from your employer that you have left and will be applying from the consulate should be sufficient. They can approve your petition as a “consular” petition even if you were still in the U.S.

I am a Canadian mechanical engineer who is expecting to get an offer from Apple to work in California. They will take care of my TN visa status. What I'm trying to figure out is the process involved with my Canadian fiancé moving with me to the US and working down there.

She is a trained Medical Lab Assistant / Medical Office Assistant who works in the hospital. This was a 1 year program and thus is not a Degree of any sort. She has not been applying for work down there but would intend on doing so once we moved.

What will be our options to make this happen? Do we need to get married before going down there (ie. at city hall here)? I've heard that Customs will be suspicious if they see we got married last minute before moving down. Will she have to wait X months before she can start working? Is she even allowed to live down there with me? Any help is appreciated!

Her only option to come independently is a TN of her own. The closest profession to hers on the TN list I Medical Laboratory Technologist. She’d need to have a post-secondary cert. or diploma and 3 years of experience to qualify.

If you marry, she can get a TD with you but she won’t be able to work in the U.S. If you do get married right before entering, carry with you proof that it’s a real marriage and that you didn’t marry solely for the purpose of coming to the U.S. together.

Let me share a couple of links where you can learn more about TN Visa:

http://www.visapro.com/Immigration-Articles/?a=968&z=48

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bac00b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=bac00b89284a3210VgnVCM100000b92ca60aRCRD

I am a permanent resident in Canada for about 3 years now and applied for a B2 (non immigrant visitor) visa at the US Consulate in Toronto. I was granted a 10 year multiple entry visa until 2026. After about three (3) weeks, I got an e-mail from the US Consulate asking me to go to their office. So I went to the US Consulate and found out that my visa had been cancelled.

I was asking them for an official explanation but they did not give me an official explanation. They told me that if I want to know the reason I can re-apply.

Can anyone advise me or do you know of some friends who had the same experience and what action did they take?

William

For them to revoke a visa after issuance can point to serious issues in your case. I suggest you do re-apply to see what is wrong or speak with an immigration attorney who practices U.S. immigration law and is familiar with consular processing issues.

We are about to send the I-129f & support documents from outside the US to the USCIS Dallas Lockbox facility.

Presently, I happen to be on leave from the US & residing in another country. However, after my fiance's visa approval, I will return back to my home in the US.

1. Does the K1 Fiance visa petitioner have to be residing in the US at the time of the petition processing?

2. Can I send the I-129f from outside the US?

I appreciate any feedback.

1. No- but be prepared to prove that your domicile is still the U.S.

2. Yes

Here are some helpful links about K-1 Visa:

http://www.visapro.com/Immigration-Articles/?a=1764&z=36

http://travel.state.gov/visa/immigrants/types/types_2994.html

I'm a Canadian who is currently being interviewed by a large tech company in the US. The recruitment person I talked to explained the basics of a TN visa, and I've done some of my own research today.

I am married and my wife would receive a TD visa. She has an applicable degree (psychology) and pretty good experience. If we were to arrive in the states under the TN + TD visas, could she look for employment? Or would we both have to receive TN visas before entering for us to both be allowed to be employed.

Further, if she found a job that was willing to sponsor her, would we have to return to Canada to apply for the TN visa for her, or could she do it locally?

Your wife cannot work while in TD status. She can look for employment but she would have to get TN status or go back to Canada and get the TN visa and re-enter in order to begin working. I’m assuming your wife is Canadian? You both are not actually getting the TN visa at the consulate. Your TN(s) will be processed by a Customs and Border Protection officer at the border or port of entry.

Once your wife is in the U.S. on TD, her employer can file an application to change her status to TN in the U.S. so she doesn’t have to go back to Canada. But she may want to just take a quick trip up to the border and return with the TN as it’s faster. TN application processing can take a few months and she can’t work while the application is pending.

Since bringing my wife to the United States on a fiancée visa four years ago, we have opened a Thai restaurant in my hometown in Pennsylvania. The restaurant is doing well, and in fact we recently moved to a larger location so now need to hire an additional chef/cook by August. Finding another qualified Thai chef/cook in Pennsylvania has proven impossible. I am in Thailand now and will remain here until June 30. Being in Thailand itself, I have a access to a large pool of potential applicants. So I would like to find a chef/cook while I am here and begin the visa process.

My two main questions for getting started are:

• Which type of visa I should be aiming for?
• What are the qualities of a chef/cook that would make him the most likely to get that visa?

I read the information about E-2 visas here and more general info here but I am confused about which visa applies in our case. I am a US citizen and my wife and co-owner is Thai and waiting for the oath ceremony but not yet a US citizen.

Do I need to hire an immigration attorney? I did my wife's fiancée visa by myself (with much help from this great website). But in this case I don't know where to begin since I don't even know which visa to aim for.

The E2 visa is very complicated and you definitely speak with an attorney. The E-2 visa as well as other work visas are a in a whole different league as compared to the fiancée visa.

Hi everyone,

I have been keeping track of visa bulletin as probably many of you out there, and as you know it's progress is painfully slow.

Recently EB3 line seems to be speeding up significantly.

In 2012 it moved on average only a little over 4 weeks ahead every moths.Than this year it moved up 5 weeks in January,6 weeks in both February and March,8 weeks in April and than... I can not really believe it ))), 6 months in May and 8 month in June!!!

Even with all this progress it is still only got to June 2008, but projection for next months is February 2009!!! My priority date is November 2009))) The way it was explained in this blog I read,it is because of of 18 000 additional visas (spillovers) from family based to employment based category.USCIS seems to have slowly started applying these spillovers to EB categories.

Can anyone confirm those dates are real from your own experience? Visa Bulletin seems to be a legitimate source, but still can not believe it is not a joke.

The Visa Bulletin is THE source. It is published by the Dept. of State and they decide immigrant visa availability. So you should believe what is happening is true.

Here are a couple of links for your reference:

www.visapro.com/Visa-Bulletin-Employment.asp

www.travel.state.gov/visa/bulletin/bulletin_5993.html

Hello Everyone ,

I am from Mexico and my husband is US National, we got married 3mth ago but we have been together for 5 years. We are going to try to live together in the US but I do not know what to do. Should I travel to the US with my tourist visa and apply for my AOS when there(my friend has advised me to do that but I am not sure if it is legal) or should we apply for a CR1 visa? What is the better way?

Thank you in advance.

xsasa

Entering the U.S. on the B-2 visa simply to apply for AOS in the US is technically illegal as it would be considered a fraudulent entry.

You may want to speak to an attorney to discuss your different options.

A 66 year-old US naturalized citizen (divorced, retired, own home with no mortgage, living on a monthly $1,000 social security & medicare) wants to petition for a K-1 Fiance visa (48 year-old lady). I have not filed taxes since 2004 due to a fatal auto accident that resulted in the loss of 2 children, then caring for a quadriplegic ex-wife & traumatic brain injured daughter (now 17 years old).

I have an engineering professional license, doctor's degree & have taught in several universities for many years without any retirement benefits. Most likely, I will teach at local university as an adjunct professor upon their arrival. The foreign fiance & her 19 year-old step-daughter will be working in the US after adjustment of status to help with family expenses.

1. Are there a concern about the K1 visa approval?

2. Do I need a co-sponsor (my 42 year-old son from my first marriage or a brother)?

3. Did any one have similar experience? ideas? feedback? issues of concern? etc...

Thank you.

1. There shouldn’t be concerns about K-1 visa approval if you can prove you are a bona-fide couple intending on getting married. They may wonder how you met each other as you clearly have had your hands full in the last few years.

2. You will definitely need a co-sponsor. Depending on the consulate, you may also need to submit evidence or a statement of why you didn’t file taxes.

You seem to have a few complicated issues. It may be worth investing in an attorney to help you.

You may like to go through an overview here: http://www.visapro.com/Immigration-Articles/?a=349&z=84

Customs officers can stop and ask questions to anyone. They usually can’t deny entry for one trip that is close to 180 days (but not over). However, if it’s the 2^nd time in close proximity to each other, expect issues.

You should have evidence other than just pictures. Don’t solely rely on pictures to prove a real marriage. You should have joint documents, pictures, and any other proof that you can find.

Administrative processing can take anywhere from a few weeks to a few months. It’s a “catch all” phrase that they use whenever they need to do some additional processing or investigation or something has come up that they need to look into. They may even call your relatives and ask questions about why you want to travel.

You must be physically in the U.S. when filing the I-751 even if you are residing abroad and will have to do Biometrics (fingerprinting) too. While you can live temporarily abroad, any absence over 180 days is suspect. Any absence of 365 days can trigger an abandonment charge. I would talk to an immigration lawyer to seek specific advice.