Filling for a K1 (Need some advise)

[Nishi 0]

This is with regards to filling for a K1 Visa for my Fiancé (Do note that I am a U.S. Citizen and my fiancé is an Indian Citizen). I met my fiancé online and have been conversing with her over the phone and e-mail (I know that I can use this evidence when filling for a K1 visa). I am planning on getting married to her in the month of Jan, 2009 in India itself, and then coming back to the U.S. and filling for the K1 visa.

There are a few questions I have with regards to the filling process -

Documents I need to collect and send over to the "California Service Center" are -

*Cover Letter that mentions the contents in the packet.

*Check made out to "U.S. Department of Homeland Security" in the amount of $455

*I-129F filled and signed by me (A typed page documenting how we met in person in last two years).

*Copy of front and back of "Certificate of Naturalization"

*Letter of intent filled by me and my fiancé' that we intend to marry within the 90 days of her admission in the U.S.

*Additional evidence (E-mails, phone logs, phone bills, photos, airline tickets etc) to prove we met in person.

*Completed and signed Form G-325A from me and my Fiancé.

*Passport-style color photograph of me and a passport-style color photograph of your fiancé (e), with both photos taken within 30 days of the date of filing this petition. (I have read on VisaJourney’s Step by Step guide to place this in a small plastic bag and attach it to a white sheet of paper, what's the purpose of doing that and if that is required?).

Now the waiting game starts, I should receive a confirmation from the office when my application gets touched and approved and when it is sent to the NVC and when the NVC sends the documents to the consulate (Do let me know if this is correct).

As I get the confirmation, I start preparing my I-134 (Affidavit of Support) and send it to my fiancé in India; moreover I will provide her with evidence of our ongoing relationship as proof of our relationship.

Some questions -

Documents she will need for an interview are -

*A passport valid for travel to the United States and with a validity date at least six months (Which she has at the moment).

*Birth certificate (If she does not have one, where can she get this document?)

*Medical examination (When is she required to take one, how will she know?)

*Form I-134, Affidavit of Support (Can I use my house as an Asset when filling the form?)

*Two Nonimmigrant Visa Applications, Form DS-156 (Both the forms need to be filled by the fiancé or does it need to be filled by me and my fiancé?)

*One Nonimmigrant Fiancé (e) Visa Application, Form DS-156K (Filled by my fiancé)

*Two nonimmigrant visa photos (Of my Fiancé)

*Evidence of a fiancé relationship

*Payment of fees (I believe you have to pay the fees before you can even schedule a date for the interview).

Do keep me posted, as this is my first time and any help or advice will be very helpful.

Regards,

Nishi

[symbiosis 0]

You can't get married and file for a K-1. If you are married, you will have to file for a K-3

[Otto 83]

You need to rethink which Visa would be best for you....K1 is a Fiancé visa, not valid if you're already married.

Check HERE for more information...

[Nishi 0]

You are right, K1 is a Fiance visa. However I am not planning on registering my marriage when I get married in India. I will only prove that I got engaged. This should enable me to bring my fiance to the U.S. on a K1 visa.

[Gemmie 142]

That is a dangerous ground to walk on, as I'm sure others will tell you. Even engagement parties are a concern.

[Nishi 0]

Thanks for your input "Gemmie", has anyone had a similar experience? Do provide your input.

[Carlawarla 1]

You are right, K1 is a Fiance visa. However I am not planning on registering my marriage when I get married in India. I will only prove that I got engaged. This should enable me to bring my fiance to the U.S. on a K1 visa.

Now, this might cause you some problems. Please...PLEASE read other threads and visit this forum about marriages in India.

http://www.visajourney.com/forums/index.php?showforum=91

There has been numerous denials from India because they suspect you're already married and the couple was filing for a K-1...especially where pictures are shown of an engagement ceremony or non-registered religious ceremony. The link provides some posters with fiances from India. You can post your own questions there about what they think of your plan and read others who have done this, or opted for a K-3 or CR-1.

You sound like a very organized person who seems to have all the paperwork required and who has done your homework in regards to the paperwork, however you could use some more information and resources about what to do about marriage and a fiance from India.

All the best in whatever you decide!

[Nishi 0]

Thanks a lot for your input "Carlawarla", I will need to do some more research and would need to change to a K3 if that's the case.

Nishi

[KimandRuss 0]

You can not file for a K3 unless you are legally married. As long as you've met your fiance in person in the last two years, you can file for the K1 today and be that much closer to being together after your visit.

The 'engagement ceremony' is shaky ground because there are some couples who filed for K1 and after having the ceremony the CO believed they were truly married. Although many have also done this, it is seriously frowned upon to mention any kind of ceremony when going through the K1 process.

If you do choose to have this ceremony just be sure not to wear rings, refer to each other as 'spouse/husband/wife..etc' and do not include pictures of the ceremony. You may think that it only proves your relationship is real but unfortunately, we have seen that this is not how it usually works.

good luck.

[Nishi 0]

Thanks for your post, the reason I want to apply for a K1 is the short wait time and yes I am not planning on including any pictures of our ceremony or wearing any rings as well. I am for certain to apply for a K1 - The thing the boggles my mind is the fact, that a U.S. Citizen cannot even bring his/her spouse immedieatly into the U.S.

Also whats the process after the 1-129F gets approved with regards to taking Medical Vaccination etc (Is this something directed by the consulate?).

Do keep me posted,

Nishi

You can not file for a K3 unless you are legally married. As long as you've met your fiance in person in the last two years, you can file for the K1 today and be that much closer to being together after your visit.

The 'engagement ceremony' is shaky ground because there are some couples who filed for K1 and after having the ceremony the CO believed they were truly married. Although many have also done this, it is seriously frowned upon to mention any kind of ceremony when going through the K1 process.

If you do choose to have this ceremony just be sure not to wear rings, refer to each other as 'spouse/husband/wife..etc' and do not include pictures of the ceremony. You may think that it only proves your relationship is real but unfortunately, we have seen that this is not how it usually works.

good luck.

[payxibka 10,045]

The thing the boggles my mind is the fact, that a U.S. Citizen cannot even bring his/her spouse immedieatly into the U.S.

Several years ago bringing your spouse or fiance(e) was much simpler and quicker... However, a few bad apples over the years as well as "September 11th" have spoiled it for the rest....

Edited October 29, 2008 by payxibka

[KimandRuss 0]

Read through the K1 GUIDES and the K1 flowchart. It will explain each stage of the process in simple terms.

Once your petition is approved at the USCIS it will be sent to the NVC who will send it off to your fiance's Consulate. The Consulate usually sends out a Packet 3/information packet explaining the medical and other documents you need to gather. Not every Consulate does this so it's imperative for you to educate yourself regarding the Consulate you will be dealing with. You can do this by visiting the Embassy info link at the top as well as your portals page.

Read all you can. Ask questions of those who have gone through your Consualte.

Good luck