Best Procedure to update submitted K-1 in Process

[C&BJax13 0]

Good day Gentle folks,

Please bear with me, for I am new to the forum and indeed, have be educated and amazed by the pool of wisdom and experience with some of the replies i have read thus far....I would very much appreciate your feedbacks and recommendations with a concern that i have. Quick Background, I filed a K-1(Aug '12)for my fiancée( Philippines national living and working in CA currently), and have received our NOA1 already, and currently in the holding position for our NOA2. My two questions are these:

While in our current waiting position for (NOA2-VSC), if we needed to include more updated information we thought was current and correct at the time of filing, or even add new information to better support a few questions on the K-1 application we already submitted.

Can/ Should we do so at this point? Or Is it better; worst or just the same we wait until NOA2 comes then provided updates if requested?

And if we can do now, what is the best procedure(phone/ fax/ letter/ email/etc; etc) to go about it with the VSC?

Please note:The new updated information i am referring to may possibly red-flag our K-1 appl before NOA2, and may possibly delay or extend the process beyond our estimated time lines.

Thanks for in advance.

[Lainie B 465]

If she is in the US already why are you petitioning her for a K-1? You could just marry her now and adjust status.

Edited December 5, 2012 by Lainie B

[Tigre&Tigresa 11]

She lives and works in Cali, how? what kind of visa does she have? I thought marrying someone without a k1 visa was fraud? wouldn't it also be fraud if she's there on a student or working visa?

About your question, i honestly don't know how to proceed in case of an RFE, but I believe you don't have to send anything else unless you're asked to. Did you follow all the instructions prior to filing?

[Lainie B 465]

She lives and works in Cali, how? what kind of visa does she have? I thought marrying someone without a k1 visa was fraud? wouldn't it also be fraud if she's there on a student or working visa?

About your question, i honestly don't know how to proceed in case of an RFE, but I believe you don't have to send anything else unless you're asked to. Did you follow all the instructions prior to filing?

There is no law against marrying someone who is here on a work or tourist visa or VWP or any kind of visa.

Entering on certain types of non-immigrant visas with the intent of marrying AND staying to adjust status is fraud. But if she is already here, then there is nothing wrong with marrying now and applying for adjustment of status.

http://www.visajourney.com/content/i130guide2

[Tigre&Tigresa 11]

There is no law against marrying someone who is here on a work or tourist visa or VWP or any kind of visa.

Entering on certain types of non-immigrant visas with the intent of marrying AND staying to adjust status is fraud. But if she is already here, then there is nothing wrong with marrying now and applying for adjustment of status.

http://www.visajourney.com/content/i130guide2

That's why I asked, I was in the US with my fiance on a tourist visa, we didn't plan on getting married but we were talking about it and we were told it wasn't a good idea to marry my fiance on a tourist visa, because it's really hard to prove you didn't enter the country intending to immigrate, which is considered fraud. So we chose the k1 route and we're currently awaiting our NOA2. I was asking him to clarify a bit and at the same time, trying to let him know he should be careful

[Lainie B 465]

That's why I asked, I was in the US with my fiance on a tourist visa, we didn't plan on getting married but we were talking about it and we were told it wasn't a good idea to marry my fiance on a tourist visa, because it's really hard to prove you didn't enter the country intending to immigrate, which is considered fraud. So we chose the k1 route and we're currently awaiting our NOA2. I was asking him to clarify a bit and at the same time, trying to let him know he should be careful

Well that was your choice to make. What I'm saying is that others in similar situations (when the non-US citizen fiance is already here in the US when the couple decide to get married and adjust status) can just choose to stay and adjust.

[C&BJax13 0]

If she is in the US already why are you petitioning her for a K-1? You could just marry her now and adjust status.

Sorry, for the confusion, with the Ca. She is living and working on a visa in Canada, Not Cali.

Hope this helps.

[Tigre&Tigresa 11]

Well that was your choice to make. What I'm saying is that others in similar situations (when the non-US citizen fiance is already here in the US when the couple decide to get married and adjust status) can just choose to stay and adjust.

I am well aware of the choices I made and I know every situation is different, my intention here is just to help.

Sorry, for the confusion, with the Ca. She is living and working on a visa in Canada, Not Cali.

Hope this helps.

About your question, did you follow this guide? http://www.visajourney.com/content/k1guide .I don't have much experience, but I know if you follow the directions you most likely won't be asked for an RFE, however it's not a sure thing. If you do get an RFE, my guess is you'll have to reply by mail tho. I'm no expert, but I do encourage you to follow the guide and its instructions For how long is she staying in Canada? I am asking because when the time comes, I think she'll have to go back to the Philipines for the interview. Now, are you just wondering what to do if you get an RFE or did you actually get it? Our heads can go crazy during the process, but until you're actually asked for evidence, don't stress out and be patient (even to the waiting sucks!)

Edited December 6, 2012 by Tigre&Tigresa

[C&BJax13 0]

Tigre&Tigresa; Hi!!

Okay to address you questions on my situation:

Did you follow this guide? YES

For how long is she staying in Canada? 4yrs. Her employer was very supportive, that they encouraged her to file for her permanent residence status at the end of her visa, a year ago..they are on board with her decision to move to US with love one.

Now, are you just wondering what to do if you get an RFE? NO!! I did not get one.

did you actually get it? No!!!

My question is really, whether to advise the VSC folks on some new updated information we found out after submitting our forms, or just to wait until we get the NOA2 or RFE??

Thx,

[C-ma'am 684]

Since the post got derailed there, for a minute. Can you clarify again, what kind of new information would you need to update?

As a general rule, you should never send anything to a Service Center if they didn't send you a RFE, because it's really hard for them to match the current files with the new information (and they get hundreds of these as well).

So, again. What kind of information would you like to update? Depending on what it is, you might receive a RFE or you should be able to update it later on, at the time of the interview.

[Penguin_ie 5,994]

I wouldn't send extra info unless it is something that will almost certainly get you denied if it;s not there. What do you want to send?

[KayDeeCee 4,893]

She lives and works in Cali, how? what kind of visa does she have? I thought marrying someone without a k1 visa was fraud? wouldn't it also be fraud if she's there on a student or working visa?

No, it is not fraud. You do not need a K-1 visa to marry in the US.

My question is really, whether to advise the VSC folks on some new updated information we found out after submitting our forms, or just to wait until we get the NOA2 or RFE??

Wait until you get an RFE. You may not even get one, depending on what it is you are wanting to send them now. You may just get approved. Often times info you send to the service center after you have already filed your petition does not get matched up with your case file.

[Pitaya 2,577]

Wait until when, and if, you get an RFE.

[Tigre&Tigresa 11]

you didn't get an rfe, great! Hopefuly you won't get one at all! And i'd say don't send anything, they haven't requested it yet. You followed the guides, sent it all, you should be fine

Edited December 6, 2012 by Tigre&Tigresa

[Operator 1,927]

What is the information that is now not current/correct? I'm guessing more than an address change if you are worried about it being a red flag.

Your answer might provide a more accurate response not to mention ease your mind a bit.