iampatricias

I think you can provide your own translations of unofficial documents. I've also heard on these boards that if your friend can sincerely declare in writing, "I am fluent in both Spanish and English and I swear this is a true translation", that this is enough, even for the official documents, instead of paying an agency...

You can try to enter on VWP while your K1 is in process, but there is no gurantee POE would let you enter the country, as in past ppl have filed for K1 and then entered on VWP and filed for AOS, which is against the USCIS recommendation.

Also it could be considered as mis-representation as when you enter on VWP you are telling you do not have any intention to migrate to US and you are only on a visit, but that is not same when you have a K1 in the process.

I have entered the US 3 times on the VWP since we submitted our I129f and have not faced any grief from the border. Entering with the VWP and then AOSing is fraud, yes, but entering with plans to visit while your petition/application are being processed is not against the rules.

If she's already in the US, and they've just now decided to get married, it's quite a different process. Maybe look in the forums about Adjusting Status from Tourist or Student visa on this site for information about that. It's a little more straightforward than the K1 route as long as they had no intention of marrying when she first entered the States with her non-immigrant visa.

Okay, I also used XpressPost but no signature, and it was tracked as delivered on Place d'Youville... not a big deal, right?

I feel kind of frantic and so want to skip out on work this morning but I'm pretty sure work is the only thing keeping me sane right now... I'm glad you guys are here for the support!

I called DOS this morning and was told Packet 4 was logged in (it wasn't Friday) and that I am now eligible to schedule my appointment. It's been 10 days between them receiving my P3 and them issuing my P4.

Oh my word... thank you so much for the update. Can I just ask real quick if you used DHL and which address you sent it to? It'll be 2 weeks Thursday since Montreal received my P3 stuff...

Coconuts, the dates have been all over the place the last two weeks (it really is all I think about ) - from April 1st to July 16 with something different nearly every day (April 24, May 4, May 23, June 22...)

About every 3 days, I talk to the same lady at the DoS about whether Packet 4 has been sent yet or not, and she's been very patient. I think the emailing is a great idea though - our lawyer emailed Montreal last week about why I hadn't received Packet 3 yet, and they emailed him back right away with an electronic version of the instructions.

I don't get why they didn't just do that in the first place...

Call NVC (maybe bookmark this page) and give them your WAC or EAC number on your NOA2. Ask them if they have a new case number for you, which they should.

Packet 3 should come first, requesting you to fill out a new set of paperwork (well, the Canadian fiance, right?), you send that back, and then they send you Packet 4 which gives you interview and medical information. Those of us filing with Montreal (and visiting VJ regularly) tend not to wait until we have the physical copies of Packet 3 or 4 in our mail - we send the paperwork/book the appointments as soon as the DoS tells us Montreal has sent them, because what's requested is public knowledge anyway and Montreal is slower than slow.

As you can see from my signature, I waited a month between the NVC sending my case to Montreal and Montreal sending me Packet 3 (I had to submit proof of status in Canada in between that because I'm not a citizen, I guess), and I'm calling the DoS every day asking if P4 has been sent yet but no word on that. So, Packet 3 could be on its way, or else soon, if you return the paperwork quickly, Packet 4 should come 2-4 weeks after that?

your I-129F will be meaningless down there to Brazilian authorities. If anything, you should hang on to all documentation from this trip (boarding passes, in particular) to bring BACK for your petition, in case you get an RFE or just for extra proof of relationship at the time of your interview.

I agree with the above posters - I think they could care less about whether email information matches up on subsequent visits - they've got much bigger fish to fry at the airport!

Also with the I129f - unless you guys want to make copies or look it over while you're together, I wouldn't bother bringing it. They've got different expectations for tourists and illegal immigration threats.

Calling Montreal is futile - they no longer staff their phones at all, nor do they accept faxes. Email is your best bet, but the DoS is even better because they do know just what Montreal has done regarding your case.

Unfortunately, everyone is waiting ages for stuff to get through their mail room It's very terrible.

Hey John, Montreal is really not very helpful though email seems to be slightly more effective for communication than calling.

You might be better off calling the DoS (202 663 1225) and giving them your MTL case number to see if the consulate has done anything. What kind of visa are you trying to apply for? If it's an IR1/CR1, the NVC does do more processing and an interview is assigned to you. If it's a K1, your package should pass through NVC pretty quickly (less than a week) and you sign up for your own interview date after Packet 4 is sent to you.

Check out the Canada Regional forums - we've got a couple of Montreal specific threads that will give you a better idea of what we're facing with this consulate.

Our NOA2 also says Toronto, and I'm just in Niagara, but all K1s are processed in Montreal (or Vancouver). There are no exceptions.

The validity period is just to make sure you guys keep up your end of the responsibilities - it's auto-extended all the time, as long as the consulate has heard something from you.

This handy link has the DOS number and the NVC too. Call the NVC first, give them your WAC/EAC number on your NOA2, and they'll give you your new MTL number. With that, you can call the DOS and ask them whether the consulate has sent you Packet 3, whether you're allowed to book an interview, etc. They are *usually* very informative about what you need to do next.

If your cheque hasn't been cashed yet, I would probably cancel it with the bank, and send out a new package... you're going on 6 weeks now...

Man, it's a tough call... it shouldn't take them even 2 weeks to cash it, usually... but who knows...?

To use it for your visa application, it needs to be no more than one year old at the time of the interview, as far as I know. I paid $45 for mine (Canada-wide, working with minors etc) from my local police station. I also had to wait 6 weeks... it seems to vary across the country...

I am from the UK and am engaged to an American.

We are curious as to what our options are in regards to applying for a K-1 visa. Our original plans have changed somewhat, and due to the large processing times for the visa we were wondreing if it would be possible for us to apply now. At the moment he has six more months left in the military, and I have a couple of more months left before I finish my PhD. Though we are not currently able to move in together, would it be possible for us to apply now so that we would not have quite so long to wait apart on completion of our courses, or is this not really how the visa works?

Also while I'm here, is it true that it is more beneficial to apply for the K-1 rather than the spousal? I am finding it difficult to see why, it seems more sensible for me to go the other way!

Well, just so you are aware you don't have to be able to move in together to apply. Also, you have to be married to apply for the spouse visa. Your fiance is in the military, but he's not deployed abroad right now?

If you've met in person in the last 2 years, and neither of you is married to anyone else, you can apply right away. Maybe read through the Guides at the top of this page to familiarize yourself with the requirements of both visas - I'm not sure the concerns you've brought up are much of an impediment to either the petition or the visa application... that I can see anyway...

Always send the best photocopies - the originals might be needed at some other stage, or if the package gets lost.

Well, are they filing an I129f petition for a K1 visa? If that's the case, you can indicate on the petition which consulate you'd like to be interviewed at.

No, I wouldn't worry about it yet. Two-three weeks is the usual wait time for the NOA1.

You can fit 16 photocopier paper boxes into a 2-door Pontiac Sunfire if you don't have to carry passengers and aren't fussy about having to get into the glove compartment.

No kidding!! That's much more than I expected! I've got a little 2-door Hyundai Accent, but I don't think we're going to take it across the border. I'm in Ontario, he's in Washington state...

I don't know much about the AOS process myself, so I can't help you there, but the filing fees are never refundable - whether you withdraw or are denied or whatever scenario you can imagine. Once the cheque is cashed, it's gone.

If I decide to take a vacation and travel to the US let's say after 8/9 months from my last visit, while my visa is still pending...is it going to affect it in any way?

Let's be clear, I know well that Homeland Security can decide about your entry in the US but if I honestly state that I have a K1 pending, that I do have a job back in my country, I do have a ticket back... why shouldn't I be allowed to enter as a visitor on a B2?

There's no reason you should be denied entry if you bring proof of your pending petition, proof of your job, your return ticket, and anything else tying you to your home. Plus, if you are well-educated about the K1 process, I think that counts in your favour, because you are pursuing the legal means to immigrate instead of trying to scam the system.

If you are denied entry, it does not affect your I129f petition in any way, and it should have no effects on your K1 application.

In terms of personal experience, I've visited my fiance in the States though the VWP three times since applying. My situation might be different though because I live near the border, and cross back and forth even just to eat out with friends, and go shopping nearly every month. I'd say, don't fear! But be prepared!

Remember, his ability to travel to the US will be compromised once you file, though. You'll have to go there.

This is not necessarily true, especially from a VWP country. Yes, there are risks of being denied entry but that risk does not necessarily increase after filing the I129f petition.

If I were in your shoes, I'd apply tomorrow!

Okay, realistically, I've been waiting 8 months and still don't have an interview date, and our case is not exactly complicated - just bureaucracy being so slow! I would, however, apply sooner rather than later, because the K1, once it's in your passport, is valid for 6 months! And once you get through the USCIS process, there are ways to subtly delay the process, like booking a later appointment, or waiting to return the Packet 3 documents.

Give yourselves a year but surely don't leave LESS time than that!

The date on the physical NOA1 is the important one

Where is your fiancee from?

An older, wiser member posed a hypothetical question in the following situation:

Say you drive up to the border as you've always done in the past, and this time you get a few more questions than usual. Because you're a good person, you tell the officer, truthfully that you are traveling to see your boyfriend/girlfriend. In follow up questioning, you say that you don't really plan to come back because you've decided to get married and settle down in the States.

Now, do you think the agent at the border will let you through? Because we all know just how that scenario would end, we're going through the painful separation and expense of filing for K1 and IR1/CR1 visas.