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ianLeigh

K1 VISA QUESTIONS

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Filed: K-1 Visa Country: Philippines
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Hi all VJers..

I was reading all the guidelines here and am trying to digest everything as I can. After a couple of days reading about this site I could say it is very much helpful for a new members like me. I had already posted some of my questions before and thank you to all VJers who have responded my query. As a result, after rereading the guides and some helpful tips somehow reduce the anxiety I feel. But for some reasons I still have situations that I couldn't find an answer and I don't have anyone to ask but you guys. This is how it goes:

1. My fiance will have his naturalization interview this month (He is a Filipino, he decided to apply for citizenship last July of 2012 after being in the US for 20 years). If he will get his certification after this month he will file a K1 visa for me. My question is..Is that okay? Does the USCIS will not question about it?

2. I had an I140 , IMMIGRANT PETITION FOR ALIEN WORKER filed last 2005 I think, and the status is still for initial review since March 4, 2010 and I haven't follow up with the employer since then. Does this I-140 will give a conflict for my petition of K1 visa?

3. I worked in KSA for 3 years from 2008-2011. It says that if you were able to live in other countries for more than 6 months you need to secure a Police Clearance. I read in the reciprocity guidelines of USCIS that police clearance is no longer required for third countries nationals who no longer resides in the Kingdom. I read in some post that they are required which makes me confused now. Is there someone who had already their interview and were able to work in KSA and provide Police clearance for K1 visa requirements? I just wanted to make it sure if US Embassy Manila didn't asked for it.

4. Does my Filipino fiance (soon to be US citizen) needs to file his Birth certificate along with the I-129F petition aside from a copy of the passport?..If so, does it need to be certified copy with the red ribbon at DFA?

5. When is the best time to gather the Affidavit of Support? What are the list of supporting documents that needed to be prepared for I-134? Does I-134 needs to be notarized?

6. My fiance using the address of his Aunt for mails and notices (coz that's where he lived before and not able to update yet) Can we used the current address where he lives now(in his own house)?

7. And lastly about CENOMAR (Certificate of No Marriage) Is both of us (petitioner and beneficiary) need to file this and include in I-129F app to prove that we are single? Or it is just need in US Embassy Manila for interview?

I know it is a bit long guys. But I hope you could help me to ease some anxiety and to clear my thoughts so we could file this coming Feb *_*

I know I should be posted in Philippine forum about this but can't find it. Sorry But any opinion, suggestions are welcome and it would be a huge help for us starters.

Thank you and God bless us all!

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Hi all VJers..

I was reading all the guidelines here and am trying to digest everything as I can. After a couple of days reading about this site I could say it is very much helpful for a new members like me. I had already posted some of my questions before and thank you to all VJers who have responded my query. As a result, after rereading the guides and some helpful tips somehow reduce the anxiety I feel. But for some reasons I still have situations that I couldn't find an answer and I don't have anyone to ask but you guys. This is how it goes:

1. My fiance will have his naturalization interview this month (He is a Filipino, he decided to apply for citizenship last July of 2012 after being in the US for 20 years). If he will get his certification after this month he will file a K1 visa for me. My question is..Is that okay? Does the USCIS will not question about it?

2. I had an I140 , IMMIGRANT PETITION FOR ALIEN WORKER filed last 2005 I think, and the status is still for initial review since March 4, 2010 and I haven't follow up with the employer since then. Does this I-140 will give a conflict for my petition of K1 visa?

3. I worked in KSA for 3 years from 2008-2011. It says that if you were able to live in other countries for more than 6 months you need to secure a Police Clearance. I read in the reciprocity guidelines of USCIS that police clearance is no longer required for third countries nationals who no longer resides in the Kingdom. I read in some post that they are required which makes me confused now. Is there someone who had already their interview and were able to work in KSA and provide Police clearance for K1 visa requirements? I just wanted to make it sure if US Embassy Manila didn't asked for it.

4. Does my Filipino fiance (soon to be US citizen) needs to file his Birth certificate along with the I-129F petition aside from a copy of the passport?..If so, does it need to be certified copy with the red ribbon at DFA?

5. When is the best time to gather the Affidavit of Support? What are the list of supporting documents that needed to be prepared for I-134? Does I-134 needs to be notarized?

6. My fiance using the address of his Aunt for mails and notices (coz that's where he lived before and not able to update yet) Can we used the current address where he lives now(in his own house)?

7. And lastly about CENOMAR (Certificate of No Marriage) Is both of us (petitioner and beneficiary) need to file this and include in I-129F app to prove that we are single? Or it is just need in US Embassy Manila for interview?

I know it is a bit long guys. But I hope you could help me to ease some anxiety and to clear my thoughts so we could file this coming Feb *_*

I know I should be posted in Philippine forum about this but can't find it. Sorry But any opinion, suggestions are welcome and it would be a huge help for us starters.

Thank you and God bless us all!

1. Yes, it's OK for your fiancé to file an I-129F petition for you after he is naturalized.

2. I don't know if an I-140 will conflict with his I-129F petition and your K-1 visa application, but my instincts tell me that it won't be a problem.

3. The U.S. Embassy Manila will not ask you for a KSA police clearance since you no longer live there and you are not able to get one.

4. According to the K-1 visa guide here on VJ, here are the options for your fiancé:

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.

VJ Guide link.

During the fiancé(e) visa process, you only need NSO birth certificates, no red ribbon birth certificates.

5. The best time for your fiancé to send you his income tax return, W-2, paycheck stubs, employer's letter, I-134 Affidavit of Support, updated letter of intent to marry, and proof of an ongoing relationship is shortly before your interview...about three to six weeks before your interview. The I-134 Affidavit of Support does not have to be notarized.

6. Yes, he can use his current address. He needs to send the USCIS a change-of-address form. I forgot the number of that form.

7. I think it's a good idea to include both CENOMARs along with his I-129F petition. Also, you will be required to submit your CENOMAR during your Embassy interview. It's a good idea to have your fiancé's CENOMAR available at your interview. You should also have have copies available for your CFO seminar.

The Philippines forum is just there. :)

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Filed: K-1 Visa Country: Philippines
Timeline

A big thanks Tahoma for answering my questions. I hope I-140 really will not give us a trouble :) Also maybe a copy of his new passport after his naturalization is good to send than to have his birth cert on it. Anyway, just a follow up question though..I am on my way now to request his Cenomar in NSO here in Philippines. But how he could secure a certificate of no marriage in the US? Is there such thing like that, that US citizens filing a K1 needs a certification as a prove that they are single if they were never been married?

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There is no document in the U.S. which is equivalent to a CENOMAR, and there is no requirement to provide one in order to get your visa. However, if he's been married before, he needs to submit his divorce papers to the USCIS along with his I-129F petition. Also, you would need to submit his divorce papers at your interview and at your CFO seminar too.

Since your fiancé is Pinoy, it's a good idea to get his CENOMAR from the NSO. The CFO people may ask for it. It's possible that the Embassy could ask for it too.

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Filed: K-1 Visa Country: Philippines
Timeline

That's a good info Tahoma :) It clarifies so much worries on my mind. Now I could breathe normally. My fiance never been married here and in the US.

We are starting preparing all the necessary forms and go for Feb. Thank you so much Tahoma ^_^ May God bless you always. And to all who compiled the previous threads for K1 it is very helpful. Your insight contributes a lot for us. Once again thank you ^_^

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You're very welcome. :)

By the way, the change of address form is the AR-11. It's just there.

Best wishes for a smooth and speedy visa journey. :star:

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