MissBecs

After reading the RFE Master List I noticed peopled were saying not to write N/A and to put none. I used the example of the G-325a and on the example at the bottom where it says "If your native alphabet is in other than Roman letters, write your name in your native alphabet below:" the example has N/A so I wrote N/A. Does this mean I will now get an RFE? everywhere else I put none.

I have sent off my G-325a form and letter of intent etc to my partner bakc in May about the 14th... we will not be posting the package until the end of the week. Does it matter that my forms have the date in the middle of May? a month prior to sending it??

I had problems fitting things in on the form as well.. I left blanks in certain spots and handwrote those words.. however when it came to dates.. I abbreviated them.. like JAN,FEB etc I hope that was ok?

I assume you mean you are going to file when visiting, and not staying there.

We filed for our K1 whilst I was visiting last year, and it was good to be both involved in the collation of what we needed.

There wasn't any sort of additional delay - just the usual wait.

Yeah that is what I mean. I dont know if I should or not but thanks its nice to know it does not cause any delays

Has anyone here actually Filed for this while in USA? I am trying to decide if I should go back to visit then file as soon as I arrive - then wait til I actually need to do something back home, or if we should just file straight away and just risk not seeing each other for however long. Roger is in the army and its almost impossible for him to visit me here in Australia.

If you have filed while being in the states together... has this delayed the time at all?

I got my passport photo taken today to send to Roger so he can finally get all these documents sent off for the I-129F. I noticed the other day on some website I found that it said the photo needs to have your chest in the photo as well! I got my photo done at a post office and it only has my neck and a slight part of my shoulder.. would this be enough? also after speaking to another Australian it seems that perhaps the Visa requires a different size photo to a normal passport photo?

Any other Australians around that have sent off this already? where did you get the photo taken and what size was it? was just a normal passport sized photo ok? and how much of your body was in the photo? I just don't want to send a photo off that is wrong! I would much rather get it correct the first time!

Thanks, that seems so unfair in a way! there should be special circumstances! his ex was a pathetic using cheating bludger who refused to work in teh whole 8 years they were together, spending all his money and cheating on him while deployed overseas!

So if he buys her a ticket to Germany is that enough proof he has tried? say she comes back.. can he just show proof he tried to send her home? If she does not go home how much is he supposed to give her? I dont want this to ruin our chances of getting approved for a K1 visa for myself!

if she will go back to Germany..so the whole problem is done and nothing to worry abt as long as the divorce was final and official

if she will stay then the judge should order if there will be any money given to her by the ex husband ..

if he didnt order so its done ..u said FINALIZED DIVORCE ...so this is something ur finace can answer if the judge order any amount of money or preperty

Good Luck

She didnt show up to any of the court hearings.. in the end the judge has ruled everything to my Fiance sole custody of their children.. she is meant to be paying HIM child support.. they considered it abandonment.. noone even knew where she was until Monday... when the mental hospital called him. They said she wants to go home to Germany, but I am very worried that she will come back. Fiance does not want to buy her a one way as it costs a lot more... I think its stupid getting her a return but he wont listen to me! he seems to believe she has lost her card to prove she is a citizen and reckons she will have problems coming back into the states anyway, having no money, no job, no house.. doesnt believe they will let her back in. Personally I dont think I would risk it.

Thanks, that seems so unfair in a way! there should be special circumstances! his ex was a pathetic using cheating bludger who refused to work in teh whole 8 years they were together, spending all his money and cheating on him while deployed overseas!

So if he buys her a ticket to Germany is that enough proof he has tried? say she comes back.. can he just show proof he tried to send her home? If she does not go home how much is he supposed to give her? I dont want this to ruin our chances of getting approved for a K1 visa for myself!

I just wonder if anyone can help me with a question.. My Fiance just finalised his divorce the other week.. he was married to a German girl for 8 years. He met her in Germany when stationed there in the army. Long story short.. she has gone totally psycho and is in a mental institution and asking to go hone to germany... He is considering paying for her airfare home because he is worried that she will get into debt and he will be responsible for this. Is this true? even though they are divorced and has been told he does not have to legally give her anything? does immigration still require him to give her money while in the country?

wow.. I don't have any advice to give you .. as I am new to all of this! But just wanted to say how sorry I am that you have gone through this I feel for you!!! stories like this are what scares the hell out of me!

I hope they sort it out ASAP and hopefully you can be together again soon!

I have a much better understanding of it all now we are still waitin for my partners divorce papers to come through from the court and as soon as they are through we will be sending it all off I really hope it does not look bad that he only JUST got divorced ... it has been a long drawn out divorce which has really been horrible for both of us! but it is FINALLY over thank goodness so the second he gets those papers we are sending it off and we are like 6-9 months or so closer to all of us being together again forever!!! yay!

and actually.. Roger spoke to someone from the USCIS yesterday and they too gave him the same advice!!! saying it is a possibility for me to go there and marry etc etc.. however he did mention that it COULD be looked upon as visa fraud and to be careful if we did it that way! I just can't understand why they even bother giving ppl that advice! so stupid.

Thanks everyone! I really dont know what I would have done without this place! I am sure I will have more questions as time goes on haha

When you arrive in the US instead of submitting your 129F petition ($455) and then waiting for it to be approved (could take 6 months), paying for the visa interview, returning to the US, filing for AOS ($1010), ect....... it was suggested that when you arrive (for a visit under the visa waver program) just get married within the 90 days that you can stay on the VWP and directly file for your Adjustment of Status (AOS). This has a few advantages it's cheaper (no need to pay for 2 round trip tickets and no need to pay for the petition or the visa) and you can stay!

Oh boy. Big time Noobie mistake.

OP: DO NOT Pay any attention to this HORRIBLE advice!

The above is VISA FRAUD and not recommended AT ALL!!!!

LEGAL: File a proper K-1, K-3, CR1/IR1 petition

LEGAL: Enter the US on a legal non-immigrant visa with intent to marry; marry; leave the country within the timeframe of your visa; file a proper K-3 or IR1/CR1 petition while outside the US

LEGAL: Enter the US on a legal non-immigrant visa with NO intent to marry, meet and marry someone while in the US in legal status, and apply for AOS while still in US

ILLEGAL: Enter the US with intent to marry, marry, file for AOS. VISA FRAUD RED ALERT.

Yeah I realise that not gonna be doing it that way! I refuse to risk anything! if it takes longer to be with him.. then so be it! at least we know things cant be totally screwed up I am a bit shocked that someone from USCIS told you that suggestion :/ One of my friends told me the same thing! said she was told she should have done it that way! I just cant believe people would want to risk it! stupid!

I am still a little confused on the process of this Visa! So my Parter files the petition.. then what? is there anything I need to do from Australia? or do I just wait until I get an interview? sorry! just trying to get a total understanding of this process!

Basically what I am trying to work out if I can do or not.. is go there in May get partner to file the petition while I am there.. and wait the 90 days im allowed there, then come home. Can I do that? Or will there be things I need to do back home in the meantime?

Thanks guys I feel so much better already! I think I was just having a bad day! and hearing from other people who know how it feels has been a lot of help

We have decided that I am just going to not worry about visiting until the end! mainly because I don't think saying goodbye again (knowing the wait we will have to go through) will be easy to handle. It was hard enough saying goodbye thinking I would see him again in May! at least I know the next time we see each other.. should be with the visa Of course if things dont go well.. I might consider trying to see him at a much later stage.. but for now.. I will deal with the long wait. Thanks again very much appreciated! and thanks for that website we will have a look! Hopefully if all goes well we will be sending off the petition on Tuesday!

Ok I am really struggling already at the thought of being seperated for maybe 6 more months We have not even sent anything away yet.. and I am already waking up in the mornings crying! I just dont think I am strong enough to go through this. So I started considering going back to visit before we get it all sent off.. but I am really scared to do that as well because I only just left the US on 18th Feb after being there for 89 days! If I go again in May will they most likely deny me entry? also I was there for 2 weeks in May last year. How many times have people visited before being told its the last time or whatever? has anyone actually been denied? I just dont know how im going to last another 6 months or more withuot seeing them! any advice on how to cope? or if I should go back to visit one last time?

I would suggest you bring some evidence you will return. Lease for property, letter from employer (if any), etc. I doubt you would be denied entry. YES people are denied entry. The number of visits has nothing to do with it, per se. Customs looks at each person entering as a potential "immigrant" if they are satisfied you will return, they will let you in. Potential "immigrants" do not go back and forth every two months, they come and stay. Frequent visits and frequent returns indicate you follow the rules.

On the other hand, this process is not for the weak at heart or mind. There is a certain amount of patience required, you have a long way to go if nothing is filed yet.

Thanks, I guess I hadn't thought of it that way! I dont really have all that much proof of return since I live with my parents and quit my job to stay with them longer last trip.. very stupid decision that I had not thought about at the time! I was considering applying for a course or something so when I get back I can start that which might help some of the time go by.. and may aslo be a proof of return? do you think that would work? also.. if I did happen to be denied entry.. is that going to effect when we do file for the visa? would a copy of my car registration papers that I JUST paid for help? because really If I was planning on staying I would not have bothered paying that.

Get Skype with the Unlimited World Subscription and a Webcam. Me and Megan both use it at every oppertunity we get, before work, after work and at every spare moment we get! Its definetly not the same as being in person but it make us both happy for the time being (And has done for several years). And I know the feeling I really do, when I was in Alaska last (stayed for 89 days aswell!) I was sobbing for days before I even left and I was really scared to. But just imagine after the long wait what it will feel like when you finally return permanantly!

Also if you're looking for fun activites to do together you should consider playing an online game together! Me and Megan both met playing games together so its definetly a hobby for both of us! A few I would suggest are Counter-Strike, World of Warcraft and Guildwars! Usually when we play we have a Skype convosation opened up so we can talk to eachother all the time and we can chat! We sometimes use Ventrilo to.

Don't be scared, be strong... and look forward to your future. After all, what is 4-8 months when in exchange you will have infinate ammounts of happyness beyond that

http://www.skype.com/allfeatures/subscript.../uscanadaworld/

http://www.steampowered.com

http://www.worldofwarcraft.com

http://www.guildwars.com/

haha I tried to do that! I played Wow before I met him and I thought it might give us something interesting to do! and we do sometimes. But being a single father to 2 young boys and being in the army working long hours doesn't give us much time to do anything!

When did you last go to Alaska? have you been for long periods of time more than once a year? I am just dying to go next month! haha my friend is going to vegas and I wanna go with her then go on to see him but very very very scared I dont wanna risk it all!

I know how you feel my friend. I just started this process yesterday. We talked about this and how long it will possibly take. We promised to be strong to each other. We will do what Leo said. Speak as much as we can. It is not the same as being together. We just ended a 3 week vacation together. But it is much better than nothing. If I have to put the best moments in my life in a list, those 3 weeks would be in the #1 spot. But if I have to put the worst ones in a list, the separation at the airport last Monday takes the #1 spot also.

Be there to each other. Support each other. We are already talking about plans for our future. One thing is sure....we are not giving up on each other. Remember......love can win over everything. This process is not easy. The road to happiness is never easy. But you are not alone. You have friends here who are doing exactly the same.

If you want, feel free to pm me and we'll help each other also. God knows that before this process is finished I will need some help too.

PEACE.......................

OH I know what you mean about the goodbyes at the airport I remember getting there and finding out my flight was delayed so they had to rush me onto one that was already boarding! In a way I guess that was probably easier for me to say goodbye whilst being all rushed! but I didnt really get to say goodbye and that kinda upsets me! worst moment of my life! I think it was easier also because I thought I would be seeing him again in a few months! he was supposed to be coming here in May.. but now he can't take leave for over 12 months.. so that wont happening, and as I said I am extremely too scared to risk going back!

Reading your post almost made me cry! haha knowing other people are going through the same thing helps me so much! Noone I know seems to understand. I get people who even say "well why not find someone here" Yeah because it is so easy to just give up on the one you love hey! haha

I can definately understand why people go and marry on the VWP.. Not that I would risk it at all! 6 months apart is better than risking YEARS apart!

Thanks for the relpies and same goes for you! pm me if you need someone to talk to

I can't help you with the POE entry questions but I can tell you how I am coping.

We've only been apart 20 days and it feels like months already. What I've been doing to cope is helping him do the fiance petition, going through everything that we can possibly need. And its still going on, we've been working on it two weeks now. So that keeps me occupied and makes me feel less helpless and more like I'm doing something to be together again as soon as possible. I've been researching everything up till the AOS stage so I KNOW what to expect and to fill my time while cutting down any delays that could be caused through ignorance.

When I run out of things to do and obsess over regarding the petition, I make plans with him about the future. Planning the future takes away some of the sting and keeps me happy cause I have a goal. The trick is to do things that makes you feel less helpless. Going to work to save up money for the honeymoon and marriage later on etc. Keeping myself occupied with a goal in mind. All those things have helped. Sitting at home and doing nothing will just make you go crazy and drive him crazy during the 6 month wait.

We stay in contact everyday, I can hear his voice everyday, a few times a day via skype or phone. There's web cams for seeing each other. It isn't the same, its not even close but it helps a lot.

And depending on which service center you file at, it might not even take 6 months though 6 months is the ballpark figure. I've been seeing some CSC getting approved in 1-2 months lately. Been hearing that Dec 2008 VSC applicants are 50% done which is 5 months and some VSC have been getting approved in 4. Of course, expect the worse cause its easier to accept that over disappointment so 6 months is a safe bet.

Make plans, go to work, make money, save for the future, make more plans and don't forget to not lose sight of each other with the things that make you shine as a couple amid the chaos that is K1.

Thanks Yeah it is very hard having nothing to do each day! I just sit here thinking about him I do feel like im going crazy! It sucks because there are just no jobs around! I apply for waht I can and hear nothing! so frustrating! I had a great job but I quit it to be with him for what time I could.

I am actually considering applying to start a course so that way I have some sort of proof that I will be coming home.. then I can visit him but still pretty scared in case I get denied!

Ok I am really struggling already at the thought of being seperated for maybe 6 more months We have not even sent anything away yet.. and I am already waking up in the mornings crying! I just dont think I am strong enough to go through this. So I started considering going back to visit before we get it all sent off.. but I am really scared to do that as well because I only just left the US on 18th Feb after being there for 89 days! If I go again in May will they most likely deny me entry? also I was there for 2 weeks in May last year. How many times have people visited before being told its the last time or whatever? has anyone actually been denied? I just dont know how im going to last another 6 months or more withuot seeing them! any advice on how to cope? or if I should go back to visit one last time?

I came across the following in a FAQ section on some website I found.. it was a list of things that may slow the process for a K-1 down.

6. I sponsored my ex-wife’s K-1 visa for the U.S. and she eventually became a permanent resident. Unfortunately, our marriage didn’t work out and we were divorced. I have recently met a lady outside the U.S. and would like to bring her to America on the K-1 fiancee visa. Can I do this?

Perhaps. Congress passed new rules effective March 6, 2006 that state that a petitioner must wait two years from the filing of a prior K-1 visa until a K-1 visa may be issued to a second fiancee. If you can’t wait, a waiver based “extreme hardship” may be possible, although not if a petitioner has a record of violent criminal offenses. If you get by these hurdles, you will nonetheless have to convince the Embassy that your previous marriage was not a “sham” marriage. You also must provide documentary proof that your ex-wife either left the U.S. or lawfully adjusted her status to permanent residence

My fiance has only just had his court case for divorce from his previous spouse (they have been legally seperated for over 12 months now - long story as to why its taken so long) They were married for 8 years. However she did not enter USA on a K-1 visa, they married in Germany and did the whole Direct to Consulate thing.. Will my fiance need to file any other papers to immigration before we go ahead with the K-1 visa for myself? I am not too sure what the above means to be honest. I have been told she was a permanant resident of USA, but my fiance is not sure if he needs to do anything else. Has anyone experienced anything similar? was just a divorce paper enough?

Yes I was thinking the same thing about it being so close to my last visit! I am considering just going to visit him one last time before we apply and then just deal with not seeing him for however long it takes. It sucks that he is in the army and is unable to get leave for 12 months as well! so no option of him coming to see me either! we have read through most of the options and I think this one is what we will go for!

Possibly the only crazy twist in my story.. is that he has been married to a German before! he was based over there in the army for many years and met her, they were married for 8 years and divorced after she went nuts and ended up cheating on him while he was deployed! anyway the only thing that worrys me with this is perhaps it might look bad that he is going to be marrying another foreign person! hopefully the fact his last marriage lasted so long and they had children together might help to prove he isnt just out to get ppl into the country! crossing my fingers anyway!

Thanks for your help I have been reading over these forums for the past few days and been a bit hesitant in asking questions, but glad I finally did because it was just doing my head in trying to understand it all!

His previous marriage should not be a problem. Did he bring his German wife over on a K-3 visa (or any other type of marriage visa)? It sounds like from you post that they spent the entire marriage in Germany? Is she in the US with the kids now too? Just asking. Either way, it shouldn't be a problem. The American citizen is allowed two visas (without asking for a waiver) and as long as those visas are more than 2 years apart, then you don't have to ask for a waiver. He was married for 8 years, regardless of kids, it wont be an issue! Don't even worry about it! Just make sure you have all the divorce certificates and needed business for that in your packet!

Lots and LOTS of people visit their fiance's while applying for a K-1, it's not a lost hope. It's just a risk that you have to decide if you want to take or not! If you want, you can visit him now (or as soon as possible) and file the K-1 while you are there. Then you will be with him for the first 3 months that you are waiting and hopefully after that you'll only have 3-5 months left (assuming your petition fits into the normal timelines....something that we can never ever know!)

Thanks for the help! It has really helped clear my messed up confused brain lol

No he and his ex wife married 3 months before he came home to USA and got her a visa to return back with him, they were there for a little while then she got home sick so they went back and then came back again! so its been years there years in usa.. when you say 2 years apart does that include having to renew a visa?

sorry to sound so clueless but if I stayed in USA while he applys for the K-1 at what point would I need to return to do anything from my side? or is the only thing I will have to do towards the end?

Most of us here will tell you that hiring a lawyer is pointless. They cannot do anything that you can't do yourself and sometimes they can cause further delays in your process! So since you've found VJ, don't even think about getting a lawyer, unless your case some sort of crazy twist we don't know about yet! But for the most part, there is no need for a lawyer.

In general, the K-1 is faster than the K-3, you can take a look at the immigration timelines up at the top and see this for yourself. Again, almost always the K-1 is faster, so this is probably your best bet.

As for if you can visit the US, this is a trickier matter. Yes, you can. There is nothing in law that says that you can't. Since you are Australian and come from a low-fraud country, they might not even ask for proof from you for ties at home. They might ask you the normal questions they have asked you on every visit you have had to the US and let you in no problem. But then again, they might ask you more questions and based on what you have said, you do not have enough evidence to show you will be going back home. No job, no home (I assume you live with your parents?). This to me and any immigration guy says that you might not go back home. Again, since you come from Australia most likely they wouldn't even require these things from you, but they might and then you might be turned away and have to pay your own way back to Australia! Since you just visited in December then I would say you are even less likely to be let in because that was so recent. You can search for tourist visa during K-1 or something to that affect and find TONS of topics about this and see others experience. Or, you can post in the Australia forum and ask for peoples their experience as it should be more or less the same as yours.

Good luck!

Yes I was thinking the same thing about it being so close to my last visit! I am considering just going to visit him one last time before we apply and then just deal with not seeing him for however long it takes. It sucks that he is in the army and is unable to get leave for 12 months as well! so no option of him coming to see me either! we have read through most of the options and I think this one is what we will go for!

Possibly the only crazy twist in my story.. is that he has been married to a German before! he was based over there in the army for many years and met her, they were married for 8 years and divorced after she went nuts and ended up cheating on him while he was deployed! anyway the only thing that worrys me with this is perhaps it might look bad that he is going to be marrying another foreign person! hopefully the fact his last marriage lasted so long and they had children together might help to prove he isnt just out to get ppl into the country! crossing my fingers anyway!

Thanks for your help I have been reading over these forums for the past few days and been a bit hesitant in asking questions, but glad I finally did because it was just doing my head in trying to understand it all!

Can someone please help me with some things? I am considering the K1 Visa, I am Australian and wanting to marry an American. Once I have applied for this visa am I then also able to go visit him while waiting for approval? I was told I am but willl just need to prove ties back home such as work or a lease... only problem is I am not currently working due to stupidly quitting to go there for 90 days in December, came home to find NO jobs and struggling to get even an interview! so I have no work ties... and nor do I have a lease! any other ideas I could use?

This process is so very confusing! I have no idea which visa to choose. I have people telling me to do this then others telling me to do the K3. I really just want whatever is the fastest and easiest way I wish I could afford to hire a lawyer! because I seem to be getting nowhere!

Thanks Yes having read some more... I realise what she was suggesting was illegal, certainly do not want to do that! I would much rather wait and have a higher chance of things being approved! I guess its back to looking at the K1 does anyone know if you can visit the US once you have applied for this visa?

Ok I am an Australian and wanting to marry an American, I have no Idea which Visa to apply for! we were originally considering the K1 but after speaking to a friend of my mothers who has just recently gone through the same thing ... she has advised me to go for the K3. She seems to think that if me and my partner were to marry in USA that we could then apply for the K3 in USA without me having to leave him is this true? was told that the only negative to this is that I am then unable to go back to Australia for anything until it is approved. She did not do this as she had a son back in Australia and could not leave him like that. Apparently she hired a lawyer who gave her this info.

Can anyone give me any advice on what I should do? I was always told that getting married first then applying was the longest way! I am already struggling being away from him for 2 months.. I hve no idea how people can manage it for 12 months or so! any advice on what I should do would be appreciated