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Found 80 results

  1. Hello everyone, my fiance had his interview on november 22 2016, at jamaican embassy in kingston. They issue him a white slip 221g. The additional documents they needed were my tax return transcript, and w2 1040. They gave me the option to email those documents. I emailed them the next day. When I go on the ceac website, it looks as though they've looked at his case, I see a date of december 12. This is the second time they've reviewed it, last time it was december 2. So it went from November 22, to dec 2, to dec 12. But status still says administrative processing. Can someone please tell me what's going? Im very nervous....im nervous because I'm hoping I have enough income to sponsor him. I have a household of 5 (including him) and made only 35,000 last year 2015. This year, I made 37,000. I see for a household of 5, I would have to have made at least 35,550. So I missed it by 550 dollars. Can someone please give me insight? Does k1 go by 100% or 125% poverty level? Will they turn him down because of This? I had to complete form i- 134 affidavit of support, if that helps. Thank you.
  2. Hi everyone!! I was just wondering if anyone had any experience with a K1 interview after having F1 (student visa/s) denied? I have had a couple of J visas approved and worked as a camp counsellor (where I met my fiance) in 2014 2015 and 2016, and was an Au Pair in his city for 18 months. Then in December 2018 I applied for a student visa and was denied under 214(b). I reapplied a few weeks later and took more evidence with me but unfortunately was denied again for the same reason 214(b) for lack of home ties. We have now been doing long distance for over a year and have just applied for our K1 visa. We have been dating for 4 years and have tons and tons of evidence of trips, with each others family etc, but we are nervous if at the interview I am asked about my prior student visa denials. Has anyone had any experience with this and if so, what were you asked during the interview and was it an issue for you? Thank you!!!
  3. Hi everyone, Some context: K1 visa received, one-way ticket purchased, just nine weeks to go (I arrive March 15 and we get married on the 28th!!!) We wanted to get a head start on the AOS process. We would so appreciate it if someone could kindly help us with the following: 1. Provide some feedback on our cover letter (PDF attached, or the PNG file if the former doesn't work) and also double-check that we listed all the materials that we need to submit with the packet. 2. (Please confirm or clarify) if it makes a difference to include copies of my (beneficiary) birth certificate and our marriage certificate with I-765 and I-131 applications. We noticed that both the birth and marriage certificates are not included in the list of required documents on the USCIS website, but we've been seeing a lot of VJ-ers include them in those two applications. Many, many thanks! AOS Cover Letter.pdf
  4. If I have an arrest, what documents do I need to attach to my petition? Court certificate of disposition? Police certificate? In addition, should I draft a statement?
  5. NOTE: For an overview of the entire K-1 Fiance Visa process, please see the K-1 Fiance Visa Flowchart. What is a K-1 Fiance Visa? A K-1 Visa (also known as a Fiance Visa) is a nonimmigrant visa Visa issued to the fiancé(e) of a United States citizen. The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to obtain a "green card" and become a Legal Permanent Resident of the US). After filing for Adjustment of Status they may reside in the US beyond the 90 day K-1 Visa validity while their Adjustment of Status application is processed. While the K-1 Visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States Embassies and Consulates worldwide. If the non US Citizen fiancé(e) has a child (under 21 and unmarried), a K-2 non-immigrant visa may be available to him or her. Be sure to include the names of the children on the I-129F petition. Who is Eligible to File? U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen. Forms Needed to File for a K-1 Fiance Visa: 1. I-129F 2. G-1145 (optional) The above forms can be filled out on your computer and printed. Make sure you sign and date them as required. Anything you cannot fit by typing, you can handwrite (very neatly) in black ink in the blank instead. You should always verify the current forms at www.uscis.gov. Assembling the I-129F Package: Checklist Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a personal check so you can track the payment. Money Orders are also accepted. Read the Guide to Paying USCIS Immigration Fees. 2. Cover Letter (see example). Should include a description of what your are petitioning for (I-129F), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet. 3. Form I-129F: Petition for Alien Fiance (see example) 4. Original statements (from both the US Citizen and foreign fiance) certifying an intent to marry within 90 days of entering the US on a valid K-1. (see example) 5. Proof of having met in past two years. To organize this information you can create a single typed page with the following elements: (1) Title the page 'Evidence of In-Person Meeting in the last 2 years'; (2) A description of how you met (same as you stated in Part 2 Question 53-54 of your I-129F); (3) A list of the evidence you are providing; (4) Your printed name, signature and date. Following this declaration page, provide the evidence you listed (click here for examples). 6. One passport-type photo (see specification) of the US Citizen. Write the full name of the US citizen on the back. Place in a plastic bag and label the bag "Photo of <Insert US Citizen's Name>". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 7. One passport-type photo (see specification) of the foreign fiance. Write the full name of the foreign fiance on the back. Place in a plastic bag and label the bag "Photo of (insert foreign fiance name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. 8. Copy of the Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years or a copy of the US Citizen's naturalization certificate (front and back). This is used to establish citizenship. 9. Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance if either has been previously married. If the previous marriage of the US Citizen and/or foreign fiance ended due to the death of their spouse then include a Copy of Death Certificate(s) documenting that fact. 10. Proof of Legal Name Change if either the US Citizen and/or foreign fiance is using a name other than that shown on the relevant documents. You must give USCIS copies of the legal documents that made the change, such as a marriage certificate, adoption decree or court order. 11. In regards to Part 3 of the I-129F, if applicable provide certified copies of all court and police records showing the charges and dispositions for any specified conviction(s) (in accordance with the IMBRA). See Part 3 of the I-129F instructions for more information. Documentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship: Use as many of these items are possible. There is no minimum, but the more you can provide the less likely you are that you will receive an RFE. Additionally, please note that providing proof of your ongoing and genuine relationship in this package may benefit you by allowing the consulate to have access to this information prior to them formally contacting the non US Citizen fiance. Many high risk consulates approach cases with a skeptical eye and providing this information early on in the original I-129F package will help them in their preliminary review of your case. 1. Copies of all airline boarding passes, train passes, itineraries, hotel receipts, passport stamps (make sure you can read the dates on the stamps), and other documentary evidence that you have met within the last two years. You may want to highlight or place post-it notes indicating the dates and locations on the copies (to make the adjudication easier) for the person reviewing your file. 2. Color Photo's of you and your fiance together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens (if at all possible) or if not on a high quality printer. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back. 3. The following items will not typically show proof of having met in the last two years however will show proof of an ongoing relationship: Copies of land line and cell phone bills, appropriate letters and emails, stamps on the letters (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) Attach "E-Notification" Form (Optional) Clip a completed G-1145, E-Notification of Application/Petition Acceptance, to the first page of your application (on top of the cover page). By completing this form and attaching it, USCIS will send you an email and/or text message to alert you when your application was received. Mail the I-129F Package to the USCIS You should mail the completed form(s) to the USCIS Dallas Lockbox. Mail the package with return receipt requested / delivery confirmation. Send via USPS. IMPORTANT! Make TWO copies of the entire package before you send it in. This includes the money orders too. You want to have a perfect replica of the package you are sending in. All Forms that you submit must be originals with original signatures. Supporting Evidence that you submit may be photocopies. Retain ALL original supporting Evidence since the USCIS has the right to check them by issuing an RFE (Request For Evidence). If you receive an RFE, follow the direction exactly, and make two copies of what you sent back. During any future interviews the USCIS may also want to examine the original supporting evidence. Create a VJ Timeline Estimate processing time and approval date: Creating a VJ Timeline will allow you to track your case and will generate an estimated approval date for your petition. You can always gain access to many other tools to help you plan how long your Visa Journey will take! What to send to your fiance once the I-129F is approved (Receive NOA2): 1. A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one). Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 2. Send copies of the documentary proof that you submitted with the I-129F for your fiance to have on hand for their interview at the embassy. Your fiance should review this information in advance of the interview (the embassy will have copies of this as well). 3. Send an original letter affirming your desire to marry your fiance and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F). 4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all. 5. You will need several items (for the above form). Gather duplicate evidence of income and resources as appropriate: (A) Statement from an officer of the bank/financial institution with your deposits, identifying the following: 1. date account opened; 2. total amount deposited for the past year; 3. present balance (B) Statement(s) from your employer on business stationary showing: 1. Date and nature of employment; 2. salary paid; 3. whether position is temporary or permanent (also include copies of your last two pay stubs and your previous W-2 for the associated employer if available) (C) If Self Employed: 1. Copy of last income tax return filed (or IRS transcripts); or 2. report of commercial rating concern (D) List containing serial numbers and denominations of bonds and name of record owner(s). Begin collecting these ASAP after your NOA2 arrives. See this FAQ for more tips and useful information on the Affidavit of Support Form. 6. A copy of the NOA2 that you received in the mail. (backup information; the embassy will have copies of this as well) 7. Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, online chat logs (pick several over the prior few months), etc.. from between the time you filed and present (NOA1 until date-now). Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!) NOTE: Tip Regarding Vaccination Records The K-1/2 beneficiary will be required by the embassy to have a "medical" done prior to the visa interview. Part of this interview will require that previous vaccinations are documented and potentially additional required vaccinations performed. Once this is complete the doctor will note this on a DS-3025 form that will be sent to the embassy. During the medical appointment request an official copy of the vaccination records from the physician (or a copy of the completed DS-3025 if they will give it to you) as this will be helpful to have on hand in the future (specifically it can be helpful when filing for Adjustment of Status if your DS-3025 form is not available). After the K-1 Fiance Visa is Approved: Upon entering the US on a K-1 Visa, the visa holder must get married to the original I-129F sponsor (for the K-1 Visa) within 90 days. If the marriage does not take place within 90 days or the K-1 Visa holder marries someone other than the original US Citizen who petitioned for them, the K-1 Visa holder will be required to leave the United States. Until the marriage takes place, the K-1 visa holder is considered a non-immigrant. A non-immigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A K-1 Visa holder can not obtain an extension of the 90-day time limit. If the K-1 Visa holder intends to live and work permanently in the United States they should apply to become a permanent resident after the marriage. Please note, K-1 Visa holder will receive a "green card" and conditional permanent residence status for two years. Conditional permanent residency is granted when the marriage is less than two years old at the time the Adjustment of Status application is processed. Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)
  6. Please, provide any tips that you can think of in regards to the assembly/ preparation of the I-129F petition. The first question, I have thus far, how do I refer to something in the evidence? For example, I want the person reviewing my bank statement to look at a certain page for a transaction that would prove I was overseas.
  7. Should I submit the original Boarding Pass, or a photocopy of it? I am reluctant to send the original in case they loose it.
  8. I have the following proof the we have met in person: flight itinerary, bank statement showing three different ATM transactions in the city the we have met, two to three pictures of us together, all on the same day/ date, one of the pictures is with my fiancee and I and my family. Is this sufficient proof that we have met in person? I do not have other proof.
  9. Hi all I am a K1 Visa recipient and my husband and I are filing our AOS soon. I have a question regarding the required tax documentation on the I-864, Affidavit of Support. I understand that if we file AOS before the end of 2019 our most recent tax year would have been 2018, and we've got that. But if we file in January 2020, would our most recent tax year be 2019 already, thus requiring the proper documentation for 2019 instead? I ask because the company my husband works for doesn't send out W2s until February, but we REALLY don't want to wait any longer to file our AOS because my I-94 had been expired since October 22nd. We've planned to file this December 16th but something came up, and we might have to reroute the budget for that one onto something else.... sigh (I know, I know, we're filing late, but life happens and so here we are...) 😅 So I'm thinking: 1) Perhaps USCIS would allow the submission of 2018 records due to the fact that tax season for 2019 won't be over until April 2020 anyways? 2) Perhaps we could include an explanation on our cover letter as to why we're submitting 2018 records despite 2019 ending? So yeah, I would appreciate any input from anyone who can help. Thank you all
  10. Hi everyone! I need some help with a few items on the I-864, if anyone could kindly assist: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 4 Part 5., 1.-3. (Sponsor's Household Size) Persons you are sponsoring in this affidavit: 1. Provide the number you entered in Part 3., Item Number 29. - 1 Persons NOT sponsored in this affidavit: 2. Yourself -1 (auto-populated) 3. If you are currently married, enter "1" for your spouse. > My husband is my sponsor, and we are married, but if we put "1" then it makes our total Household Size: 3, when it's just the two of us. We are aware we shouldn't count any member more than once. Should this be "0", then? Even if we are married? ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 5 Part 6., 24.a.-24.c. My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was: > We are able to gather only the most recent year, 2018. Will leaving the other years blank cause any RFEs and/or denial? ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- I would appreciate any input. Thanks!
  11. Hello everyone! I am currently filling out my I-485 and I just needed clarification on a few items, if anyone can help: Note: I posted the same topic recently but put the wrong title in and forgot to add tags, plus I needed to edit the content. Apologies for the redundancy. If the site admins could delete my previous post, kindly do so. Here is the link of said post: Here are my I-485 queries: -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 3 Part 1., 25.a.-25.c. - Provide your name exactly as it appears on your Form I-94 (if any) > I obtained my I-94 from the website and it only shows my first and last name. Does this mean I leave the Middle Name item blank, write N/A, or still write my middle name even if it doesn't show on the I-94? -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 4 Part 2., 3.-4. > Is the Receipt Number the one formatted as such: WAC1990123456? > My NOA2 shows the Priority Date as blank. Should I put N/A? -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 8 Part 6., 1. - "The term 'children' includes all biological or legally adopted children, as well as current stepchildren..." > My husband has a daughter from his previous marriage, but I have not legally adopted her and she's not his dependent. Is she included in the "stepchildren" clause? (I'm uncertain about the legality of the terms is all) -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Page 13 Part 8., 63.b. - If your answer to Item Number 63.a. is "Yes," do you believe you had reasonable cause? > I answered "No" on 63.a. so this item should be N/A to me, but there are only Yes and No boxes. Should I check "No" anyway, write N/A, or leave it blank? -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Any help is appreciated. 😊
  12. Each year tens of thousands of visas are issued to a spouse or fiance of an American Citizen so that they may move to the US and be with their loved ones. For a non US Citizen Fiancé(e) the most common way of bringing them to the US is a K-1 (fiance) Visa. For a non-US Citizen spouse there are several common ways to bring them to the US, each with their own Pro's and Con's. Listed below are the common ways to bring a non-US Citizen Fiancé(e) or spouse to the US as well as a few Pro's and Con's for each option. Marriage Based Visa Comparison Table Visa Type K-1 K-3 IR-1 / CR-1 DCF Marital Status Engaged Married Married Married Time for Visa (Months) 9.5 16 13 3 Requires AOS Yes Yes No No Requires EAD Yes Yes No No Req. Travel Doc Yes No No No Time to Greencard (Months) 17.5 20.5 13 3 Total Cost $1650 $1705 $903 $945 Extra Notes Must be married within 90 days of entry. AOS must be filed in order to gain Legal Permanent Resident status. Failure to file AOS before I-94 expires accrues out-of-status days. After entering the US, may file for AOS within two years or instead wait for I-130 to be approved and pursue IR-1 / CR-1 Visa. Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely. US consulates typically only do this for US citizens who live overseas. DCF results in a IR-1 / CR-1 Visa. Fiancé(e) Visa (K1) In General A K-1 Visa allows a Non-US Citizen Fiancé(e) to a US Citizen to legally enter the US and Adjust Status to become a Legal Permanent Resident. The process of obtaining a K-1 Visa starts by the U.S. citizen filing a form "I-129F: Petition for Alien Fiancé(e)" with the USCIS (United States Citizenship and Immigration Services). The USCIS is responsible for processing this petition and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Fiancé(e). Upon receiving the approved I-129F petition, the US Consulate will contact the Non-US Citizen Fiancé(e) and request certain information be gathered and provided to the US Consulate. Additionally there will be an actual "visa interview" in person (at the consulate) for the K-1 Visa. If the embassy approves the K-1 Visa, they will issue the visa typically within two to three days after the interview. Once the Non-US Citizen Fiancé(e) receives the K-1 Visa they may enter the US any time within six months of the visa being issued. Arriving in the US it is important to note that they must get married to the US Citizen who petitioned their K-1 Visa within 90 days and file for Adjustment of Status (AOS) to become a Legal Permanent Resident. If they fail to do this within 90 days of entry into the US they may accrue unlawful status inside the US as defined by the USCIS. This may potentially affect future immigration benefits they file for. You may view the K-1 current and historical processing time trends to get a better idea of the time the process may take at various stages. Unless an engaged couple decides to get married, this is their main visa option. If they decide to get married they will need to file for a K-3 or IR-1 / CR-1 Visa instead. Pluses "Relatively" fast process. As fast or quicker than K-3 and/or IR1 / CR-1 Visas (which are only available to married couples). Once in the US and married, the K-1 Visa Holder may obtain a social security card, Employment Authorization Document (EAD), and seek employment legally within the US. As a note, typically an EAD is applied for at the same time as the K-1 Visa Holder files for AOS (after marriage). Generally an EAD is issued within 90 days of the application being received. The K-1 Visa allows time for an engaged couple to be together in the US before marriage since the visa is good for 90 days. The Non-US Citizen Fiancé(e) must marry the US Citizen and apply for AOS to remain in the US. If they do not marry there are no other methods to remain in the US and they must return home. Minuses The K-1 Visa Holder will need to apply for Advance Parole (AP) if they wish to travel outside of the US while their AOS application is being processed and not yet approved. Leaving without an approved (and in hand) AP will result in abandoning the pending AOS application and require filing for a new visa (either K-3 or IR-1/CR-1) to re-enter the US. In nearly all cases, if the marriage fails prior to the K-1 Visa Holder's AOS application being approved there are no other options for legally remaining inside the United States; the K-1 Visa Holder will be required to leave the US. A K-1 Visa Holder only has "valid status" for 90 days after they enter the US (and must be married and apply for AOS by that time to not accrue "unlawful status". This 90 day window may not be extended. Only U.S. citizens can file for a fiance visa. Spousal Visa (K3) In General A K-3 Visa allows a Non-US Citizen (spouse) married to a US Citizen to legally enter the US and adjust status to become a Legal Permanent Resident. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred). The process of obtaining a K-3 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed to petition for an IR1 / CR1 Visa (see next section). What makes the K-3 Visa special is that instead of waiting for the I-130 to be approved, the US Citizen may, upon receipt of the I-130 being accepted by the USCIS, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less. The USCIS is responsible for processing the I-129F and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Spouse. The remainder of the process at the embassy is similar to the K-1 Fiancé(e) Visa process. After the K-3 Visa is approved byt he US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. At any time within these two years they may file for and initiate an Adjustment of Status (AOS) process with the USCIS (to become a Legal Permanent Resident). If so they will be deciding to Adjust Status within the US (just like a K-1 Visa Holder would) and will follow the normal AOS process which may take six months or even longer in some regions of the US. Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa. In this case they would abandon their status as a K-3 Visa Holder and re-enter the US as a IR-1 / CR-1 Visa Holder. Entry into the US as a IR-1 / CR-1 Visa Holder results in the immediate conversion to becoming a Legal Permanent Resident (your green card is mailed out shortly after arrival in the US). You may view the K-3 current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file solely for a IR-1 / CR-1 Visa instead of a K-3 Visa. See the next section for details. Pluses Once in the US, may apply for a social security card and an Employment Authorization Document (EAD). Employment may be freely obatined while the K-3 Visa and EAD are valid. NO Advance Parole (AP) (unlike a K-1 Visa Holder needs) is required for travel to and from the US while the K-3 Visa is Valid. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa. K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status. The K-3 Visa Holder may apply for Adjustment of Status within the US BEFORE the underlying I-130 petition is approved. Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued. Minuses will have to file Adjustment of Status after entry to the US or once their I-130 petition is approved (while their K-3 Visa is valid) return to their home country to be interviewed for an IR-1 / CR-1 Visa. May only adjust status based on marriage to original US Citizen petitioner. If the marriage fails before Adjustment of Status is complete, the K-3 Visa Holder will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails. An Employment Authorization Document (EAD) must be obtained and there will be some waiting time before the K-3 Visa Holder can work. The exact amount of time for for an EAD to be approved is roughly 90 days. Spousal Visa (IR1 / CR1) In General A IR-1 / CR-1 Visa allows a Non-US Citizen (spouse) married to a US Citizen (see note at end) to legally enter the US, immediately becoming a Legal Permanent Resident upon entry. This option may take longer than obtaining a K-3 Visa. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred). The process of obtaining a IR-1 / CR-1 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed if a couple intends to obtain a K-3 Visa (see above section). The USCIS is responsible for processing the I-130 and if approved will forward the petition to the National Visa Center (NVC). The NVC may request certain information be provided to them (initial case processing) prior to forwarding the completed package to the consulate serving the location of the Non-US Citizen Spouse. The visa processing at the US Consulate is similar to other family visas such as the K-1 and K-3 however the IR-1 / CR-1 Visa is an "Immigrant Visa", which means the Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident. You may view the IR-1 / CR-1 Visa current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file for a K-3 Visa while waiting for their I-130 to be approved. This is done by filing an I-129F after the I-130 has been received by the USCIS. See the above section for details. Note: Technically, a US Legal Permanent Resident can apply for this visa for their Non-US Citizen Spouse however the waiting time is up to five years. They can file and wait for a visa number to become available (again up to five years) or wait until they themselves become a US Citizen -- whichever comes first will allow the visa process to move forward immediately. Pluses This is an "Immigrant" Visa and will as such allow the applicant to arrive in the US as a Legal Permanent Resident. After entry into the US, as a Permanent Resident they may seek employment without restrictions. No Employment Authorization Document (EAD) is required. After entry into the US, as a Permanent Resident they will not require special permission to leave the US for travel. No Advance Parole (AP) document is required. IR1/CR1 Visas often do not take much longer than the K-3 Visa option. The benefit of entering the US and immediately becoming a US Legal Permanent Resident (Green Card Holder) to many people is worth the additional small wait in time. Minuses Separation from family may be longer than if filing for a K-3 Visa (or K-1 visa for a non-married fiance). The applicant will most likely not be able to enter the US while their IR1-CR-1 Visa is being processed. Direct Consular Filing In General Direct Consular Filing (DCF) allows a US Consulate to process a IR-1 / CR-1 Visa (for a Non-US Citizen (spouse) married to a US Citizen) without having to wait for the USCIS in the US to process the required paperwork. Instead all paperwork is filed and processed AT THE CONSULATE. This is often a much faster way to get a IR-1 / CR-1 Visa however there is one requirement that must typically be met: To Qualify: U.S. consulates will typically only do this for US citizens who are Legal Residents of the country (typically for at least six months) in which the US Consulate sits (overseas). You will be required to show proof. This can be any country with a US Consulate (that the US Citizen is a resident) and need not be the country in which the Non-US Citizen Spouse lives. If the US Citizen qualifies to file using DCF, in most cases it is the quickest route to obtaining a IR-1 / CR-1 Visa. Be sure to contact your respective Consulate to determine if this option is possible. Do not assume it will be. Once the IR-1 / CR-1 Visa is approved their rights of the IR-1 / CR-1 Visa Holder are the same as if they had gone through the USCIS in the US initially. The Non-US Citizen Spouse will upon receiving their visa and entering the US immediately become a Legal Permanent Resident. Their "green card" will be mailed to them shortly after their arrival. As a Legal Permanent Resident they may work and travel to and from the US freely using their "green card" and status as a Legal Permanent Resident. Pluses Potentially (if qualified) the quickest route to admission to the US and to Legal Permanent Resident in the US, based on marriage. The process usually takes less than 3 months The IR-1 / CR-1 Visa Holder has the same rights as if they had gone through the USCIS in the US initially. Wait times for the visa interview can be one week to three months, which is still faster than other marriage based visa options! Minuses Consular policies can change over time, and one should always confirm with the consulate that they will do this process. US Citizen must show proof of US domicile/intent to reestablish domicile to qualify as a Sponsor for the I-864. Additional Notes on DCF Notes about DCF: To find out whether you can file a petition at a specific post abroad, you must ask that post. For information on how to contact the post, please visit their specific U.S. Embassy or Consulate website.
  13. I am considering applying for a fiance visa or a spouse visa for my girlfriend who lives overseas. However, I have a concern due to a prior arrest. I was arrested, a little over a year ago, for what would fall into the category of dating violence. I was charged with criminal mischief in the fourth degree and for harassment in the second degree. I received and ACD (Adjournment in Contemplation of Dismissal). My record has been sealed since the accident. Apart from my arrest, I am an upstanding citizen. I am college educated, and have a steady work history. Is it likely my that my case will be denied because of my arrest? I understand IMBRA, and its intend to protect immigrants, but if the Fiance visa is not a viable option should I apply for a CR1 visa instead? Please, advise.
  14. Disclaimer: The flowchart below is designed to illustrate a typical K-1 Visa application process and should be used for reference only. This flowchart can not take in to consideration a great number of variables and/or events that may alter this flowchart for a particular case such as a Request for Evidence (RFE). Please read the Terms and Conditions for more information. Please begin by reading the Step-by-Step Guide to the K-1 process (for the US Citizen). You should also refer to the K-FAQ's for more information. The timeline below will help you visualize the entire process. Please note that the details of the process are not included below, they can be found in the links mentioned previously. BEGIN: Timeline (approx) Step Information Varies 1. U.S. Petitioner gathers various documents U.S. Petitioner gathers various documents (birth certificate etc) to send with I-129F * Start ASAP N/A 2. I-129f Package sent U.S. Petitioner sends compiled I-129F package to the USCIS Dallas Lockbox which will forward the package for processing. * Triple check everything. Double check all forms with examples available online. Send postage with an return receipt requiring signature when it is delivered (not necessary but highly advisable for peace of mind). Make a complete copy of the entire package. 2-3 Weeks 3. 1st Notice of Action (NOA) U.S. Petitioner Receives first Notice of Action (NOA) acknowledging K-1 petition has been opened *Typical wait time is 2-3 weeks after the Service Center receives the I-129F. See Processing Times 4. 2nd Notice of Action (NOA) U.S. Petitioner Receives second Notice of Action (NOA) acknowledging K-1 petition has been approved * Start gathering documents needed by beneficiary (Fiance(e)) - See K-1 Guide. *Beneficiary can research and prepare forms required by embassy. 2 Weeks 5. Case Forwarded by your Service Center to the National Visa Center (NVC) Case Forwarded by your Service Center to the National Visa Center *Two weeks after you receive the NOA2 you can contact the NVC to see if they have received your approved I-129F. You can contact them at 603 334-0700. Their homepage is here. Welcome to the US Department of State! Things move much faster now :). 1-4 Weeks 6. Case Forwarded by NVC to U.S. Embassy in your fiance(e)'s country Case Forwarded to U.S. Embassy as specified in the I-129F. *NVC uses DHL to send the package, which typically delivers a package worldwide within 3-5 business days. 1 week 7. Case received by Embassy from NVC Embassy receives package and processes it. They will then prepare a letter to be sent to the foreign fiance(e). *5-7 business days after the NVC sends the package to the embassy, you can begin contacting the embassy to see if they have received it. 1 week 8. Forms and Checklist sent to Beneficiary Forms and Checklist sent to foreign Beneficiary (Fiance/e). *This will be sent out within a week (typically less) from when the embassy processes the received petition. This package will include a checklist of items and paperwork that must be collected. Some will be sent back asap, and others will be sent back later or brought to the interview. Varies 9. Foreign Beneficiary compiles required forms Beneficiary fills in Forms and assembles various documents *The downloads section for K-1 Visa's has a list of some forms the fiance(e) will need. You can practice with these forms. N/A 10. Completed Forms sent to Consulate Beneficiary sends completed Forms to U.S. Embassy N/A 11. Fiance(e) must attend medical interview prior to interview Attend medical appointment. *Some embassies require the medical the same day as the interview. Most require the interview to be done ahead of time and have the results sent to the embassy directly from the doctor. *This may occur after an interview date is given. 1 week to issue date 12. U.S. Embassy issues Beneficiary with Interview date U.S. Embassy issues Beneficiary with Interview date *This may occur before your have your medical. You will need to get the medical done before the interview as instructed by the embassy. 1 Month to interview 13. Beneficiary has Interview at U.S. Embassy Beneficiary has interview at U.S. Embassy for K-1 visa. All being well case is approved. *K-1 visa will be issued either the same day or within the next week depending on the embassy with some exceptions. Timeline (approx) Step Information N/A 14. Beneficiary travels to and enters the U.S. Beneficiary travels from their country to be with the U.S. Petitioner (Fiance(e)) in the US. *Must enter the US within (typically) 6 months of the K-1 being issued. 5-20 minutes 15. Point of Entry (POE) in U.S. Beneficiary arrives at Point of Entry (POE) in U.S. and shows K-1 to the immigration officer. 1 hour (early morning) 16. Apply for Social Security Number Apply for Social Security Number (SSN) *See the SSN step-by-step guide for more info. This will allow you to open a bank account and do other things (many states require this for a drivers licence, etc). 1 hour 17. Apply for marriage certificate Apply for marriage certificate. Must marry within 90 days of entering the U.S. on a K-1 visa. VARIES! 18. Get married Get married. and give each other a pat on the back. You've both earned it! 1 hour (early morning) 19. Change name on SSN Go back to the SSA office and bring your SSN Card and marriage certificate. Change your name. Varies! 20. Complete I-693 Complete I-693 per the K1/K3 AOS Guide. This is required so that your vaccinations can be documented properly on the I-693 as part of your completed AOS package. You can complete this step at any time after entering the US. N/A (File asap once you marry) 21. Apply for Adjustment of Status (AOS), EAD, AP Apply for Adjustment of Status (AOS) to receive a "green card" and become a Legal Permanent Resident. You should file as soon as possible. If you have not filed for AOS and your K-1 expires, you will be considered out-of-status until you file. Make all attempts to file before you become out-of-status. You may also file for your EAD and AP at this time. *EAD allows your to work (will need to reapply every year until your AOS (i.e. "Green Card") application is approved). AP allows you to leave the country on a vacation / trip while your AOS application is being processed. Please read this regarding when to file for AOS and not becoming out-of-status. See Processing Times 22. Receive EAD / AP Receive your EAD and AP via US Mail. You will have a biometrics appointment prior to being issued the EAD. See Processing Times 23. Interview for AOS (I-485 approval) Interview appointment for AOS. When approved you will receive an I-551 stamp in your passport indicating you have been approved for AOS and will also receive your green card in the mail later. *If your interview (and specifically the approval) occurs within 2 years of your marriage you will be granted a conditional permanent residency (2 year validity). If this happens you will have to apply to lift conditions 90 days prior to your 2 year green card expiring. If you are 'adjusted' greater than 2 years after you were married you should receive a normal 10 year green card.
  15. If you are a K-1, K-2, K-3 or K-4 visa holder the I-693 instructions state that you are not required to have another medical examination as long as your Form I-485 is filed within one year of your overseas medical examination. Regardless of if you are exempt from a medical exam, you are still required to complete certain portions of the I-693 and have a Civil Surgeon certify the form (and seal it in an evelope). Specifically, you will complete Part 1 (Information about you) of the I-693 and provide both the form and your DS-3025 (if you have it, proving your vaccination history) and any proof of required vaccinations that were completed prior to entering the US. If you do not have a copy of your DS-3025 you will need to provide sufficient evidence of your vaccination history to the Civil Surgeon (talk to the civil surgeon's office to discuss what vaccination records they accept as proof). If you do not have proof of your vaccination history the Civil Surgeon may insist on re-administering all the required vaccinations prior to completing the I-693. Once the Civil Surgeon has has verified that all required vaccinations have been performed, they will complete form I-693 Part 2 (the vaccination section) and Part 5 (the Civil Surgeon's Certification). They will then seal the form in an envelope and return it to you. When filing by mail, "priority mail with delivery confirmation" is the preferred method. Always keep a copy of what you have filed. IF your forms include an I-485 AND an I-485A, forget the "A" one...it is used for other types of applications for adjustment, such as assylum...you ONLY need to file the regular I-485 Form, not the A supplement. BE SURE TO USE CODE (C)(9) FOR A 1-YEAR EAD CARD (when filing concurrently with I-485)!!! How to get the forms: You can use forms downloaded from the USCIS website if they are printed on good quality paper with a good printer quality. You can also download free fillable forms on this site. Other things you will need: passport-style pictures (see specification), copy of the passport, copy of the k-1 visa (and NOA2), Electronic I-94 Copy (or for older entries a front/backside copy of the non US Citizen Spouses valid paper I-94), copy of the fiance's birth and divorce certificates with translation, PLUS the supporting documentation for the I-864 form: letter from employer confirming employment, the last 3 years of tax returns, plus any documentation of your financial resources if you choose to include this. The rule is, if your income is not 125% of the poverty level for your family, you will need additional financial documentation. HOWEVER, if you read the form instructions carefully, it states that while they do NOT require additional financial information IF you have at least 125% of the poverty level, it says the USCIS can still ask for that information if they want... so in order to potentially avoid future questions, many people include financial information, including bank letter, letter from stockbroker, letter regarding mortgages, copy of deeds to a property, and any other financial assets... etc. It is far better to include too much information rather than not enough. How long will I have to wait for an EAD, advance parole, and adjustment of status: You can check time here. Where to file the forms: You will file your petition at the Chicago Lockbox. See this page for the Chicago Lockbox address (PO Box). You will receive a receipt (Notice of Action) in the mail for your application once they receive and process it.
  16. The following items may make your life easier and help you get a little sleep at night 🙂 Make sure to provide these letters (example "Letter of Intent to Marry"), having each letter signed by the author in ink (we recommend each person sign their letter in ink to indicate original authorship of the letter) . The foreign fiance(e) should begin to write this when the US Citizen petitioner is first starting work on the I-129F since it will likely take them a few days to do this and even longer to mail the completed and signed letter to the US petitioner (international mail can be slow if sent at the standard speed). As a note, the latest I-129F also has a similar statement in section 4 (signed by the petitioner). Regardless, many adjudicators still look for the noted letters above. After filing your I-129F begin to consider items required for the I-134 (needed once your petition reaches the embassy). Contact your financial institution(s) and request information on their procedures to provide the financial documentation required by the I-134. You may be surprised that gathering the required documentation from them is not simply an office visit and may require several weeks for them to mail you the requested forms (Bank of America has been known to mail these documents to you after you visit a local office in person to request them -- and pay). Planning ahead will reduce the chance of an unexpected delay later in the process. When you complete the I-134 consider making two official copies (both signed). You will be sending one of these to your fiance(e) (via mail likely) and in the unlikely event you need it, you will have a backup in case the original is lost. As long as the cost is minimal this is a good safety net to potentially save time. Be sure that you have the original documents for any item that you submit as a photocopy in your original petition. The original documents may be requested (even though they allow you to initially submit a copy) by the USCIS and even embassy as part of the adjudication process. Along with the biographical information form, you will need passport-type (see specification) photos of both you and your fiance(e). Write the full name of the corresponding person on the back of the photo in a permanent soft tipped marker. Place the photos in corresponding plastic bags and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding I-129F. When collecting information that "documents proof of having met your fiance(e) within two years" consider information that "factually" places the two of you together first. This means items such as dated photographs, airlines tickets/stubs (proving you boarded) to their country (or for them to the US and your home city), etc.. You should also consider submitting information that validates your relationship which will help the adjudicator understand the scope of your relationship and acts as secondary evidence (photos together, dated emails -edit out personal items first-, etc..).
  17. Hello, My fiance is a U.S citizen by birth and now she's going to apply for my K-1 visa. I live in Pakistan but i studied in the U.S for almost 3 years. While i was traveling back to Pakistan, an officer stopped me at Chicago airport and told me to visit the embassy before coming back. When i went to the embassy they rejected my visa under section 214(b). They told me that you're not satisfying us and that you should apply again for a student visa. I don't have any stamp on my visa of cancellation or rejection. I have also been to Turkey now on my U.S visa which i think is still valid. Will my history be any problem for my K-1 visa? Also, how long does the process takes? Any help will be highly appreciated.
  18. My beneficiary lives in Kenya and she lives in a place where there aren't any proper addresses with street names and numbers, etc. which means that I can't fill in a number for her address. So for the I-129f application, where it asks for beneficiary's address, can I just put in the postal code for the city she lives in and leave the street name and number fields blank? They do have a post office in the area, so I believe that a postal code would work,but I'm not sure. Can someone please clarify?
  19. So my girlfriend is coming to my home place ,Jordan,hopefully if everything goes well and i hope it will,what is the best to do should we get married in Jordan first and apply for K1 Visa ? or should we just meet here in Jordan and then she apply for the fiance Visa from Usa ? thank you in advance.
  20. There we go, August filers congratulations on your decision to pursue this amazing relationship with your fiancee. This will be a fun journey so like @missileman say buckle your seat belt and prepare for the ride. Feel free to post your questions and share experiences during your K1 application process.
  21. Hey there VJers, I'm a Singaporean, 28th June K1-Visa Beneficiary. Just got NOA2, any advice for the interview or medical? ❤
  22. Hello Everyone, I am currently here at US, Florida for J1 Internship, I have a boyfriend and I really need to stay here thinking about our future. I know that I just need a green card to stay, but we don't want to get married yet. Is there any other way we can do so that I can get to stay here aside from marriage? Thank You
  23. Hello all, I was curious about applying for an SSN as a K1 visa holder because it seems a lot of people rush into it. I've been in the US for a month now, wedding is on October 4th, haven't submitted any other paperwork since I got it. Should I also be working on getting an SSN before I get married? What's the rush, as opposed to getting it after marriage?
  24. So on the I-129F form on Page 9, Item 3 for the Multiple Filer. What option should I choose? This is my first time petioning someone for the Fiance Visa and im not previously married nor got into any trouble with the Law. I'm petitoning my Fiance, she's not my spouse yet. Should I choose "5. d. Not Applicable, beneficiary is my spouse, or I am not a multiple filer" or leave it blank? Thank you for the help!
  25. Hello! I will need to go and stay in Ankara, Turkey for a few days for my fiance visa interview, so I want to do the medical during the same stay. I am trying to book my hotel now to make sure that is taken care of. I know that the medical needs to happen within a month of the interview, but also at least 2 days before. I'm just wondering how many days before the interview in Ankara people did their medical stuff? Thanks! Yehia
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