General K1 Guides and Info

[Marney 0]

Hi!

Im a Canadian Citizen living in Canada, engaged to an American Citizen living in the US. We want to get married in the US and then both move to Europe.

I will then start the immigration process to become a US from Europe.

Does this mean that I will be applying for Spouse Visa? Would that be ok and legal?

Would greatly appreciate any information you may have.

Thank you!

Marney

[KimandRuss 0]

you should ask your questions in the general forums.

You can get married anywhere you like but your fiance will not be able to immigrate without a visa. If you are not planning on staying in the U.S. then you will need to understand the proess of immigrating to Europe.

VJ is for folks immigrating to the U.S.

good luck

[gyrogir 0]

So you found a foreign man/woman whom you want to bring into the USA and marry. You will need a k-1 visa.

I met a Chinese woman online, and here is a rough outline of what I had to do and pay to get her (and her son) into the USA. (Current date of this info is 3 January 2009.)

Note two things here. 1.) In my case, some costs were double for me since I brought her son into the USA and sponsored him too. I will try to point out these extra costs.

And 2.) most American men naturally pick a much younger woman as their fiancée. My fiancée is only 4 years younger than I am, (46), and I am very happy with her. We are very blessed, and the process and cost were well worth it. (My wife will probably never read this so don’t think I am sugar coating it for her sake or my well being.) It would take too long to explain all the positive points. But here are a few things to consider regarding marrying a much younger woman: she will want a child, and you may feel like you are too old… Also, can you keep her satisfied during the long term? (I’m not just talking about sex.)

Know this: You will have to sponsor /support her indefinitely, even after divorce, so you better be sure.

Also, the process may seem complicated, and it is a little complicated and costly, but you can do it without an attorney. A lawyer will, of course, cost you much more, and using a lawyer can actually take longer. (Mistakes, regardless of who makes them, will cost time.) I did the whole thing without an attorney and without paying anyone for help, and my fiancée and I were together in as short of time as possible, (9 months).

Note that the process is a bunch of red tape for a few good reasons: 1.) It is our government’s responsibility to keep us safe from undesirable immigrants, and 2.) the government is trying to ensure that your fiancée does not become a financial burden to US tax payers.

Now, the process:

You have to meet you fiancée in person. You must have proof that you and your fiancée spent time together in the same physical place. Your fiancée is likely to not be able to come to America – the US government will probably not give her a visa to visit, so you will have to go visit her. Go to the US post office or someplace else and apply for your passport. It will cost you about $120. You will receive your passport about two months later. Then you have to bring your passport, (and any other documents they require), to the foreign embassy in the USA to apply for a visa. In my case, the nearest Chinese Embassy was in Houston, and they accepted nothing by mail. Fortunately, there is a service, (and this service is probably common everywhere there is a foreign Embassy in the US); this service will accept your passport and visa application through the mail, and they will walk your visa application through the foreign embassy and mail your passport and visa back to you. I think this service and visa cost me about $160.

While you are waiting for your passport and visa, send the G-325A forms to your fiancée and have her begin working on these. This document will take some time to complete, especially if your fiancée is not fluent in English. (See below about the G-325A and other forms).

There is a time limit on your visa, and there is no guarantee you will even get the visa, so never buy plane ticket or pay any other costs until you get the visa in your hand. (This is also true when expecting the k-1 visa further down the process.)

You can make plans and purchase airfare after you have your passport and visa in your hand. You may save significant money if you book your flight a few weeks out. This will give you time to prepare for your trip. (Try not to get too anxious during any of this process.)

In my case, I have never been outside of the USA, but going to China was a wonderful and easy experience – I had no problems.

Keep your receipts, (motel, meals and taxi fare), air fare ticket stubs, etc. Collect anything that can be used to prove that you met your fiancée. Take many photos from various sources, (different cameras if possible). Capture objects and signs in the background that prove you were in her country, together. Smile! Act like you love each other!

The clock starts ticking after you submit your I-129F form. The I-129F is the application for a k-1 fiancee visa; this is how you will get your fiancée into America. You will want to begin working on this application as soon as you return home from visiting your fiancée. In my case, my fiancée was in America 9 months after I mailed off the I-129F and the other required documents to the USCIS, (Immigration Service).

Just read the instructions that come with the I-129F. You can get the I-129F form, instructions, and the other forms from the www.uscis.gov website, (click on the “forms” tab). Make sure that you get the latest and up-to-date forms from this website. The USCIS changes these forms from time to time, and they will not accept old expired form formats.

It might be helpful for yourself and the USCIS agent handling your application if you include a cover letter and table of contents with your I-129F packet.

At the very least, with your I-129F application you will have to include G-325A forms (biographical info for you and your fiancée); you and your fiancee’s birth certificates, passports, and divorce documents; your visa; child custody papers; proof of your meeting (photos & receipts from your trip), I-134 form (Affidavit of Support), a letter of your intent to marry and support your fiancee; copies of your emails, chat sessions, (maybe text messages & phone bills), letters and packages exchanged, engagement ring, etc.

Also note that G-325A and other forms may have to be prepared for any children who will accompany your fiancée into America.

Make at least three copies of the completed I-129F and everything else that you send to the USCIS. Use the “receipt confirmation” service at the post office to ensure that your package gets to the USCIS.

The USCIS website and I-129F instructions should tell you where to send your I-129F packet. In my case, I sent it to Houston (as directed), and two weeks later I received it back with a letter stating that I had to send it to the Vermont office. (Try not to get mad and kill someone; the entire process will be a very frustrating.)

A few weeks after you (correctly) mail off the I-129F packet, you will receive a letter, (called a NOA1), which is confirmation that your packet has been received and is waiting attention. Your packet / case will sit idle for a few months before anyone looks at it. Hopefully, you have done everything correctly, else they will send it all back to you after it has sat there for months, and you will have to correct it and send it back again. Remember, this is the federal government you are dealing with, and they have you over a barrel if you know what I mean.

If everything goes well, a few months later you will receive a Notice of Approval for I-129F, (the NOA2). The USCIS will then send your packet to the NVC (National Visa Center). A few weeks later you will get a letter from the NVC or the US Embassy with a case number and indication that your application has been sent to the US Embassy nearest to your foreign fiancée.

(Don’t be too worried if the time intervals are longer than I have sated here; it always seems longer when you are living it, and the durations are dependent on the workload these USCIS agents are under. It is very tempting to write emails and letters to the Embassy and the USCIS, but it will do no good – they will just ignore your attempts to contact them and ask questions.)

(Oh, by-the-way, soon your fiancée (and her kids) will have to travel to the US Embassy for a visa interview, so she should be practicing her English. I don’t think it is a requirement to be able to speak English, but it would be better all the way around if she can. Also consider the extra traveling and per diem cost of her making this trip and the one week stay at the US Embassy.)

About a month or two after the US Embassy (near your fiancée) receives your I-129F packet, they will send your fiancée a packet of instructions and additional forms. You will likely receive three such packets (or notices) before the actual k-1 visa interview. Follow the instructions. There’s not much you can do ahead of time except get many certified and translated copies of birth certificates, divorce documents, custody papers, passport style photos, etc. The US Embassy will require a criminal background check and other timely documents, but do not get these until notified or they may become out-dated. You will be instructed NOT to sign some of the forms until a specific time and place. You will be instructed to mail some (not all) forms and a checklist back to the US Embassy to indicate that you are ready for the next step / packet.

You will need to send your fiancée a copy of the entire I-129F packet, (remember I told you to make at least three copies…), and the NOA letters, and everything else, plus some additional info like a family tree sheet, etc. so your fiancée can bring it to the visa interview. See what the Embassy requires and send it to her right away as this will delay the interview date.

This part was a little confusing because you have to keep track of who the form instructions are written for. For the I-129F, the instructions were written to you, the person who wants to import a foreign spouse. Some of the packets and applications you will encounter now will be addressed to your foreign fiancée, so keep this in mind.

At this point, your foreign fiancée is collecting the items on the checklist. Do not send the items to the Consulate. Just collect the items and keep them. Send back the checklist and only the other document as instructed in the packet. (I think these are called packet 3 and 4.)

Eventually, you will be given an interview date. The US Embassy will likely have a specific hotel for your fiancée to stay in. They may even provide an agent to meet your fiancée at the hotel and walk your fiancée through the process. The first order of business is the medical exam from a specific doctor/facility. Of course, they want to be sure that your fiancée is no risk to you and the rest of us in the USA.

Your fiancée will stay in the US Embassy hotel after the medical examination and the following three day wait before the interview.

Make sure your fiancée brings EVERYTHING to the interview.

Any children involved will have to attend the visa interview and receive a medical exam also. These children are called “derivates” and will receive what’s called a k-2 visa. No special forms or procedures are required for the (k-2) children, just mention them where requested in all the forms. Later, after being married, you will have to submit a separate I-485 form for the children. Nevertheless, your fiancée must inquire about the k-2 visa in the checklist phase and during the medical exam and interview.

In our case, the interview was very short and sweet. The US Embassy was backed up and they did not have the luxury of taking time with my fiancée, which was good because my fiancee’s English was very weak.

The Embassy will tell you “yea” or “nay” at the completion of the interview, but no visa will be given immediately.

My fiancée waited in the hotel an extra week to get her visa in hand. The other option is to go back home and wait for the mail to send it. Do you trust the foreign country’s mail service?

At the very least, your fiancée will be given a visa stamp in her passport and some medical records and possibly other sealed documents to bring with her to America. Do not open these sealed documents, Ever! Some of these documents will be presented to the port-of-entry guards when she steps off the plane in America, and others, (like the sealed X-rays and medical exam), will be given to the Civil Surgeon (doctor) after you are married and she is applying for permanent residency.

After receiving the visa, the anxiety continues as your fiancee’s prepares to leave her home. She is about to leave everything she has and knows to be with you. Do you deserve that? Are you (and your fiancee) prepared for the homesickness, the cultural shock, boredom and all the other many challenges that will follow. You and her will have to make unusual commitments and consider many things that normal couples need not deal with.

Mailing her clothes and other possessions will cost. Once in America, it will be at least several months before your fiancée can re-visit her home country (or any other country). But eventually, it will cost to occasionally send your fiancée/spouse back to her native country to visit her mom and dad. (The point is that the cost never stops coming. You better make sure it is worth it. It was/is well worth it to me and my new friends who are and have gone through the same process to be with their foreign spouse. I just hope it is good for you too.)

Again, don’t buy the plane tickets until she has the visa in her hand and you have discussed all the necessary arrangements and considerations.

Some foreign fiancée families may insist that you travel to them for a proper wedding in their traditional way.

Prepare your fiancée for customs and port-of-entry hassles at the airport – it can be a nightmare when considering all the unknowns, other junk and worries your fiancée will have floating around in her head.

Now, your finacee is in America. You have three months to marry, but you better plan on getting married within two months . (Never wait till the last minute because you never know what will happen.) The k-1 visa requires that you be married within 3 months else she has to return to her home country. (By-the-way, the paperwork does not stop, read on…)

Two months will give you and your fiancée time to decide if you want to go through with the wedding. If you are a typical American man like me, you didn’t have much of a clue as to what and how to plan for a wedding. (You would think I would know since I was married twice before, but you would be wrong.)

Also, your fiancée may want, (her family may insist) that you be married in her home country in their traditional way; (more cost). Do this before she arrives in America with her k-1 visa.

To give you an idea of the cost (as best as I can recall), my foreign wife and I met online one and a half years ago, and we were married a month ago. Her son came with her and is now my step-son. I paid all the cost. In my case, the big ticket items were $4500 on my 8 day trip to China; ~$4000 for my and their airfare to LAX and back to my home state; and the $1010 (time two = $2020) I-485 fee to apply for permanent residency (which I will discuss later.). Other cost which I remember, (I’m sure I have forgot many), were $455 for the I-129F fee; ~$1000 for the interview related stuff; ~$300 for other documents, translations and photos; ~$200 for the Civil Surgeon fee, $350 for passport and visa, and $1 to $25 each time I mailed something. (I sent everything through the US Postal Service – it works for me.) I also sent her $400 each month as support after she gave up her business to make a full time business of preparing documents, etc. to get her visa and prepare to come to America.

Once you are married and have a certified marriage certificate, you must submit an I-485 form (Status Change to Permanent Residence) and additional forms and documents as instructed in the I-485 instructions. Many of the supporting forms and documents were the same as you included in the I-129F packet, so never throw away anything, and always make extra copies of everything. Beware, the G-325A forms that you sent with the I-129F -- these are needed again, but some info has changed since you and your fiancée are now married, so correct all as necessary.

Some vaccinations will be required, but do not pay for an additional medical exam! A special doctor called a Civil Surgeon is required to handle the vaccination. You can find a registered certified Civil Surgeon at www.USCIS.gov. Try to talk to this doctor ahead of time to make sure you both understand what is needed. In my case, my (now) wife and step-son received many required vaccinations in their home country. Still, they were required to receive two vaccinations: tetanus and MMR (mumps and measles). Remember, they do not need to re-take a medical examination.

Also file a I-765 (for work and an ID), and I-131 (for travel). These forms may be needed to receive a social security number and to allow your new wife to travel outside of the USA. Submission of these I-765 & I-131 forms at this time should not cost anything extra, but will cost you if you submit then separately later on.

I have just send the I-485 packet off to change my wife and step-son’s status to permanent residence so they can stay in the USA. Yes, this is necessary and must be done soon after you marry.

As I stated before, one of the documents you sent with your signature states that you vow to support your new wife and children even if you get divorced, so beware.

I am not sure what the next step is, but I think my wife and step-son will receive a green card soon which they will have to renew every so often (which will probably cost more money).

I’m sure at some point they can pursue becoming naturalized citizens, but I think they may lose their Chinese citizenship by doing so… something to consider.

I think this is all correct. I am going from memory so don’t hold me to any of this. But this should give you a reasonable idea of what to expect.

The current date is 3 January 2009.

[EWWM NITCH KAH 0]

WOW !!!

[eltemp 2]

Hello,

I am planning to request for my fiancee, in a couple of months, she lives in Venezuela. I have read the guidelines for what documents and forms I need to submit, bud I do need help from other people that have applied to a K-1 in Venezuela and can provide me some information regarding what documents can I start looking for later stages of the process such as Police records, birth certificates, etc and where can my fiancee find the police records etc .... I really appreciate anyone's input on this case because I like to have things always on time and I know that by doing this I will shorten the waiting time to get responses from the government.

El TEMP

[Amazon 0]

Hi!

Im a Canadian Citizen living in Canada, engaged to an American Citizen living in the US. We want to get married in the US and then both move to Europe.

I will then start the immigration process to become a US from Europe.

Does this mean that I will be applying for Spouse Visa? Would that be ok and legal?

Would greatly appreciate any information you may have.

Thank you!

Marney

I do not understand... If you both plan on moving and living in the UK, why bother with trying to become a US citzen ?

[mahalako 0]

To all...

When I first started out, I found this information from the Department of State (DOS) very helpful (CLICK HERE). Also, for my fellow Phil-Am families, please check out my signature block for other information that may help you along in your visa journey.

Cheers!!!

Sheriff Uling

can you help me i will go to the philippines in days my finance is approves for a interview i have no time to file my 2008 taxes but i have my 2008 w2 ,2007 and 2006 tax and my resent pay stub and letter from my employer do you think this will work support yhanks

[Popo's Lady 2]

I have been trying to add my Receipt number so I can register on line but it keeps telling me the number is incorrect. I finally called and they said the site can not hold anymore information.

Any suggestions in this matter would be appreciated.

Thanks

Sherri

[KimandRuss 0]

wow, haven't heard that... you'd think the govt would have better servers. but, we dont call it the misinformation line for no reason... I'd call back and ask again then please let us know.

[mickeymouse_1 0]

Hello im new to this and need some help..

Im engaged to a USA citizen and im canadian and we need help on getting me to the usa.And we need some help if anyone can help me please leave me a msg on here.we have alot of questions and need some help.

Our main question is how many times can i fly to the usa,on a vacation?

I would really like some one to help me if anyone has been in this situation before??

[defunct 0]

Hello im new to this and need some help..

Im engaged to a USA citizen and im canadian and we need help on getting me to the usa.And we need some help if anyone can help me please leave me a msg on here.we have alot of questions and need some help.

Our main question is how many times can i fly to the usa,on a vacation?

I would really like some one to help me if anyone has been in this situation before??

If you have specific questions about the process that are not answered within the guides, then I would suggest searching the forums. If you still cannot find an answer, then post a new topic. If you have questions of which you would like a Canadian perspective, then by all means join us in the Canada Regional forum.

You can visit the USA as many times as you are allowed entry; there is no set number of times that one can be admitted, it is up to the CBP officer who interviews you at the POE.

Edited March 13, 2009 by eyoa

[tanging-mahal 0]

hi i just want to know if im correct? what to bring on medical at st lukes? passport, 2x2 pictures, letter from embassy,email of interview date? what else? am i missing something?

[Ken-Love 0]

hello....

i was reading the guidelines, makes me nuts!

my fiance will going to file fiancee visa for me next week as soon as he got home.he still here with me in phils.

by the way i am new here.

[mitos 0]

Hello

I have a very important question, I have received notice of NVC that my case has been sent to Bogota, Colombia on 03/12/2009 and i was expecting the visa interview for april. Instead i was not schedule and interview for april, so I was wondering if someone can help me with this? How long does it usually take from NVC to send to Bogota, and for them to schedule interview? If someone can get back at me as soon as possible I would really appreciate it.

[JeroenAndMichelle 28]

Hello

I have a very important question, I have received notice of NVC that my case has been sent to Bogota, Colombia on 03/12/2009 and i was expecting the visa interview for april. Instead i was not schedule and interview for april, so I was wondering if someone can help me with this? How long does it usually take from NVC to send to Bogota, and for them to schedule interview? If someone can get back at me as soon as possible I would really appreciate it.

3/12 is march 12 or 3 december?? In case of it being march 12, then just wait as it will automatically come.. see other people's timelines to make a comparisment (or see the timelines (see the menu on top)). When it is 3 december, then you might want to call the NVC.. the number is listed on the NOA2 that you received.