meuy99

The CBP's initial involvement is somewhat limited to accepting and processing the foreign fiancé(e) with their K-1 visa and associated paperwork at the POE; unless at the POE, the foreign fiancé(e) declares that they do not intend to marry their US citizen/sponsor as required by the terms of the K-1 visa. I am not sure if that has happened very often.

By way of example, at my then-fiancée's POE, she was asked/instructed by the CBP officer to get married within 90 days of arrival and to complete her processing. Check our signature line to see when we started the AOS process.

The CBP will not know if and when the USC-sponsor and the foreign-fiance(e) will get married. That fact will become evident to DHS when the AOS applications/paperwork is submitted to USCIS. The AOS application will likely be denied by USCIS if the marriage occurs after 90 days. Review the pertinent VJ FAQs: http://www.visajourney.com/faq/k1k2visa-aos.html

One possible secondary scenario that could involve the CBP is if the couple had gotten married within the 90-day period, yet had not started the AOS process and the alien-spouse's Form I-94 had expired, and subsequently was stopped by a CBP officer, at a roving inspection station (there are forum threads of those types of operations occurring along the southern US border area), the alien-spouse may be detained by the CBP for further processing, that may include deportation. There are numerous variations of this scenario, the end result is usually more trouble and hassles for the couple.

You could have come in April, then get married at the courthouse just to satisfy the obligation to marry within 90 days, then have your wedding ceremony as planned, just no need for the license at the wedding since you will already be legally wed.

Also, as to the above stuff about being sent home, the CBP would not know if the K-1 entrant would be marrying for sure in the 90 days, and there is no deadline or requirement to also file for AOS within those same 90 days, so there is no issue about being sent back home upon entry because of that. And, if they married after the 90 days, they could still file for AOS, but would need to file the I-130 in order to be eligible.

NM i understand the question now... LOL /doh

Could you ask for your niece's birthday party to be thrown the weekend after so that your fiance would be able to be there to meet family before the wedding?

Move an 8 year's bday to accommodate old people- the kid would have a fit! lol.

One other option would be to have him come for the family function, get legally married civilly within the 90 days and still have the ceremony as scheduled.

remember that your day of entry is day 1 and day 90 is 89 days later Also remember that the day the marriage is recorded is the one that counts not always the day the wedding take place

Thanks for the suggestions everyone about getting married civilly first. I want to have everything done in one day so that when we are being introduced for the first time as Mr&Mrs or have our first dance as a married couple, it'll actually be our first time. It's silly and perhaps because I'm a woman, but it just wouldn't feel as special to me if we have the civil ceremony and reception two different dates. Otherwise, we'd have the ceremony once he arrives and wait until he is working and able to help me save for the wedding so I can have the wedding I imagine, but alas, my brain seem not to be practical anymore and my heart wants it all done at the same time and the heart wants what the heart wants.

Thank you all for your responses. No, I do not intend to marry outside of the 90 days, as I stated, I'd rather have him here for the wedding and miss a family function so we can be married within the 90 days time frame. The devil is in the details, so better safe than sorry. Thanks!!!

Hello Everyone,

I have a question and wonder how others are handling this. When in the K1 process do you all feel it is safe to set a wedding date, meaning things like putting down a deposit on a venue, and letting others make travel plans? Obviously we want to plan as far ahead as possible but also don't want to risk a nightmare either.

Doesn't this part suck! It is really hard for me because all of the wedding venues I wanted kept getting booked up and I couldn't make a commitment until the VISA was issued. I always fear the worst and did not want to risk losing a deposit. But, I actually put down a deposit this week on a venue that I really like and can actually afford. They are so busy and only had 3 saturdays available until Nov next year, so I did not want to chance it and booked one of those saturdays (the only one left in the summer) because the venue was confident that they would book those remaining dates fairly soon. In the end, I just didn't want to chance losing out on a venue that I really like if FI does get his VISA. It's a risk I'm taking, but it's worth it. As for everything else, I'm holding off on telling anyone about the wedding or telling those that know to make any solid plans. Once we get the VISA, it will be full fledged wedding planning. Although, I have bought my dress already. This doesn't mean you can't start thinking about wedding ideas, gather information or ask a hotel to hold rooms for your wedding party, but I wouldn't put any hard money down until you get confirmation. That's just my two cents, ultimately, it's up to you.

Sorry, this may be a dumb question, but nevertheless, I'm curious. Does USCIS count the 90 days as calendar days, for instance, our wedding date is set for July 12, 2014 and I'd really like my fiance to be here on April 12, 2014 because it's my niece's bday and a good chance for him to meet the family. But if I count 90 calendars, he'll have to be here April 14th and not april 12th. But if we're looking at months, 3 months from July 12th would be April 12th. Does that make sense? Of course I'd rather have him miss the birthday party so he can actually be here for the wedding, but if I can have my cake and eat it too, life would just be so much better

Can anyone confirm for me? Thanks!

How did your interview go? Can you write a review of the consulate when you get a chance? Congrats again!

Hey August filers! I haven't been on this thread in a while, but wanted to give a quick update. Our visa was approved at the interview today!!! It's still so surreal, I think I need to sleep on it, lol. We sure are glad we'll be together before Thanksgiving Good luck to all of you on the rest of this journey. May we all be with our loved ones soon.

Congrats!!!

Try calling DOS instead- much faster hold times and really friend service. Both times I called, I was speaking to someone after not even 1-2 minutes Much different from the 30 min wait time with NVC. I did call NVC late one night- 15 mins prior to their closing and to my surprise I got someone right away, so try that.

You will hear from them soon. Not Monday though.. They have Skype too! Try and call or PM them with Skype. Maybe you can get a reply faster?

http://southafrica.usembassy.gov/niv_contact.html

Thanks for that great info! I'll try it this week.

Did you hear back anything yet? If not just try emailing every other day maybe??

Have not heard back yet. Sent them two emails last week. I will have the fiancé call next week. Maybe they're just busy....

Triple UGH, Meuy99!

I've also been told our consulate is usually pretty swift, so I'm hoping they won't change their tune once our petition gets there! I'm truly starting to hope we could be back as soon as the end of the year!

Have you tried calling them?

I haven't tried because of the time difference, although I suppose I can have my fiance try, but sadly, I don't quite trust him to get it done (only because I don't think he's aggressive enough or know how to push for an answer) and I'm a control freak. But I'll have to give in if we won't hear anything by next week and have him call. I don't even know why I'm rushing because we're waiting on his passport and that's gonna take1-2 months anyways.

I hope you get a speedy interview date and will be with your loved one before end of year too!!!

Post Decision Activity

On November 8, 2013, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.

Can't wait for them to send it to the consulate in Naples, we're soooooo over this!

Well, I'm with you! I'm so over this process! Our case was received at the Consulate on Monday 11/4 and we haven't heard a beep from them, even after 2 e-mails. Historically, they've been very responsive to other k-1 inquiries, so I don't know what about us that is so special...I know, before anyone starts jumping down my throat- they can just be very busy at the Consulate, but it's just discouraging that others can email and get a response within the hour and I'm going on 5 days. Le sigh.

Thank you Jay Kay. That is really helpful information and makes it very clear for me. This makes my life much easier since I've pretty much completed the DS 160.

Does anyone know if we'll need that information ie employment history for the last 10yrs and address since the age of 16 for AOS? I suppose I can just look it up and not be lazy. Thanks all for the clarification, it is much appreciated!

The DS-260 was the form used for the past couple years for K-1 applicants at Juarez. They have changed to the DS-160 for ALL K-1 applicants across the globe. It happened rather suddenly, but it is not a bad thing to streamline the process and make the same form requirement for everyone no matter what country you interview in. Kerry sent a memo about the change, and the last part of his memo is quite clear about not using the DS-260 for a K-1 >

http://travel.state.gov/pdf/Using_ds_160_for_K_Visa_Applications_October_2013.pdf

Whatever site you are using is directing you to the DS-260 because that form is used for immigrant visas. A K-1 is technically a non-immigrant visa, but the consulates process them under the immigrant section because the K-1 actually does have immigrant intent. Just go directly to the DS-160 online form and fill that one out. It is the one you need. https://ceac.state.gov/genniv/

I found reference on the South African consulate website to complete the DS-160 here https://ceac.state.gov/GENNIV/

That is the same page London has posted on the K1 instruction page. It is worldwide for K1s it seems since you start by picking your location.

Maybe you are using the place where those getting true immigrant visas like spouse visas fill in a DS-260. What makes this all disjointed is a K visa is a non-immigrant visa. But is is always processed by the Immigrant Visa Unit. Instructions are always under immigrant visas and not where the non-immigrant info is found (tourist, student, clergy, etc). So now they switch K1s to 160s, yet leave things on the DOS pages that say K visa applicants do not do a DS-160. Well as of 4 weeks ago, yeah they do.

Another problem K1s in London have found is the online payment system says immigrant or non-immigrant at the start. If they pick Non-immigrant, then they get on a path to a student or B1/B2 appointment and can't back out. They have to create a new account with a different email address to start again choosing immigrant as the path. It's as poorly constructed as the Obamacare website.

K1 visas are the step-child of immigration. They don't quite fit the masses who are clearly either immigrant or non-immigrant. So they get forms and instructions that don't really work for them.

Thanks for the great info! I agree with what've said about a k1 visa being a hot mess! This is why I am so confused. Everything I've read says complete form 160 you but my only options to 260. oh well, I am NOT going to try to understand.

All of the above makes sense and I know my consulate in Johannesburg requires form DS160, but when I go online to CEAC and login in with my case number and NVC invoice ID, the only application available to me to complete is DS260, not DS160. Should I just ignore that and complete the DS160? I was so happy when they switched from the 156, 157 and 230 to just the DS 160 becasue it is so much easier to complete. Those other forms seemed so daunting- who remembers all the places they've lived since they're 16?! And my fiance was in the military, so how do we even decide what address to put during that time...DS260 is all those forms rolled into one and feels overwhelming to me, but if that's what we have to fill out, then so be it. Can anyone give me some insight to why my only option when I log in to CEAC is DS260?

Thanks.

The interview was 5 minutes.

The questions were:

What is your fiancee birthday

What is his name.

Where is he from

Where did you meet

What Is your plans for wedding.

But we got lucky..here is why.

The co said your information is perfect and have lots of info but your missing a certified copy of his divorce decree...folks I recommend going to the courts and getting the decree stamped by county clerk.

Luckily my fiancee responded I have a flight on Friday and everything is perfect and if I knew we needed it, we would have it. After co making a phone call, she tells her we will accept this one for now but we don't do this anymore, you need to come back here to get your visa, it takes two days for courier to receive.

We have to be the luckiest people in the world..Thank god.

Folks get everything you can certified and translated.plus they want to speak English not broken Romanian. Not every embassy is the same, so I'm just giving you our story.

Congrats!!!!

I emailed the consulate yesterday because my application arrived on Monday, but I have not heard from the consulate. Is this the correct email: consularjohannesburg@state.gov ? I emailed from my bf's email account, which is not on file- does that make a difference? I wrote down our case number and his name and birthday.

Do I need to just relax and wait for reply?

Yeah i know how you feel as you can see on my timeline below!

I don't understand it either,..... Here are people on this website who were getting approved between 12 and 30 days(!!!)

Ô.o I don't know how all this can be possible but I'm that depressed and stressed already that my hair is falling out way to much as just 100 hair a day lol! :-/

And than you get just to hear "you are in normal processing time, stay calm" lmao LOL!

Yeah good & easy to say when you're already approved and one step further after already 12 or 20 or what ever how many days waiting!!

They also have maybe other private situation's, they work or whatever have things to do, that time is passing by faster! But what is with the people who really sit at home all day and have no job or even an own car!? Time isn't passing! :-C ?

hahaha- it's great that you can maintain your sense of humor through this I know it's hard having to listen to those of us who've already gotten our NOA2s that you need to be patient. I, personally, didn't consider what it's like if I didn't have my job to help me past the time. I'd probably be way more anxious than you...

I hear that losing 100 strands of hair a day is actually normally I lose a lot, so I guess I'm normal in the hair losing department, but am one of those abnormal people who received a fast approval. But we are all at the mercy of government employees, so try not to worry about things you can't control and instead just pour yourself a glass of wine and wait. Good luck!!! Hope that you'll get your NOA2 real soon

I filed mid August and got NOA1 a week later. Middle of October I got an RFE. TSC got the RFE packet on 29Oct, and now I just got my NOA2 approved on November 1st. Did that just really happen? I was thinking after the first of the year, but that was fast.

Congrats!!!!

IS HERE ANYONE WHO IS STILL WAITING FOR THE NOA2...???? SINCE AUGUST 12 2013 or BEFORE

THAT???????

I know it's hard seeing all these approvals, but there are people out there who've filed before August that are still waiting for NOA2, so hang tight. Sending you good vibes for a speedy approval soon

We finally got our Manila Case # today and will be scheduling the medical exam for Thursday next week... Another step completed. Whew!

Congrats!!! I love you've been anxiously waiting, so I'm very happy for you guys! Good luck with the next step!

Im on my 50th day and still nothing... We are getting worried.

Hang in there! Sending you good vibes. You'll get it soon, don't lose hope yet. It hasn't been 8 weeks

Hello,

I apologise if I am asking things that have been asked before. I just want to be sure that I am doing everything correctly.

My US fiance forwarded me an email from the Johannesburg consulate. The subject was packet 3 and attached is the D156, D156K, DS 230, DS2001, DSL 1083. I was asked to complete these and email it back to them to schedule an interview.

I want to be 100% sure of what my fiance needs to send me.So here are my questions:

1. Does he need to send me the copy he has made of the I-129F package or would it be okay if he scanned and emailed it to me?

2. Am I correct in saying that he needs to send me: I-134 Affidavit of support, the copy of the NOA2 he received in the mail, letter of intent to marry and continued support?

3. All I need is my unabridged birth certificate, police clearance certificate from countries I lived in, proof of our ongoing relationship?

Am I missing anything?

Once I have everything together I can email the DS230 to schedule an interview (as per their instructions) and will they then tell me when to go for the medical?

Thanks in advance!

But, you don't need to fill out 156, 156k, DS230 anymore- it's all now us the DS160- online form. Sam&Lu and May confirmed that the consulate takes the online form now. You might want to email the consulate and check.

We got our petition approved on October 28th! Congratulations to everyone who has received their NOA2, and good luck to everyone who is still waiting!

PS. The "Our Story" part of my profile doesn't show up in my posts anymore. Does anyone know how that can be remedied? I always like to see people's timelines directly in their posts.

Congrats!!!!!

Not sure what you mean by "Our Story" part, but I think you might be referring to your signature. It's under your profile and signature.

i will appreciate your inputs, i am sure many people are better experienced

we got approved and received our NOA2 on the 25 of october (TSC)

Our NOA1 was in August 21.

can you please advise me what is next? when do you think i should call NVC ?

thank you so much

Have you looked at the flow chart? http://www.visajourney.com/content/k1flow It gives you a good idea of what to expect. Although TSC is quicker to get their approvals to NVC, you may want to wait until next week to start calling them. I has only been a week, so it's still early. Most of the ones form CSC takes about 40 days. For the next steps and to learn about what others have/are going through, search through and read the forums http://www.visajourney.com/forums/ especially the NVC stage forums http://www.visajourney.com/forums/forum/83-national-visa-center-dept-of-state/ You can also start researching your embassy and their requirements and also read about other people's experiences http://www.visajourney.com/forums/forum/6-us-embassy-and-consulate-discussion/ You can find your embassy info at the top under the tap Embassy info.

This website has a lot of great information- my suggestion to you is to read everything, use the search tool and make use of the website.

Good luck! If you have any specific questions- there are some members on here who are wealths of information, but if you don't post it in the right forum, they may not see your question, so keep that in mind when posting a questions.

The August k-1 filers all seem very supportive and are happy to help because this is a supportive community, but be sure to do your homework.

Good luck!

oh my, this is quite a good news! Been waiting for more CSC NOA2 dated last week of September being sent to NVC because it was moving so slow for the past few weeks. Congrats.. you gave me some high hopes that mine will be done very soon..

Thank you! Yes, you will get yours soon- don't worry. Just be a bit more patient. If I didn't have to wait for my Fiance to get his passport (2-3 months) he would probably be here by the end of the year, but alas- nothing can be that easy!

WOW......we just got our NOA2

Fiancee in US woke me to let me know lol

Best of luck to those still waiting

Congrats!!!!!