baron555

All,

Have a real tough one here so I appreciate any help people can give me.

Brought my fiance here to the USA on a K-1 visa and we got married. We've completed and sent in our AoS paperwork though we've not received anything back to date.

I have an opportunity of a lifetime for a new job, in Manila. It's a chance for us to return to her country and for me to have a great job. My question is, does this basically nuke all the work we've done in the States to date for her permanent residency?

Yes

Can anyone give me suggestions for what to do from here? We both would prefer to continue our process on the US side in the event we want to return someday.

Can't because the GC requires a maintenance of residency, min 6 months per year.

If it does nuke my progress, any suggestions for next steps?

Schedule an Infopass meeting and bring notarized letter stating desire to withdraw the AOS.

Would it be best to marry in the Philippines and apply that way when we want to return?

You're already married, so no need to get married again.

And on a side note, since we're moving there I'm guessing I have to go through some kind of residency process on their side? This makes a big deal since there is a delineation in their tax code between the two.

Most likely.

My fiancé just went for his interview at the Lithuanian consulate and they talked for a good 20-30 minutes. They kept his passport, but did not tell him if he was approved or not. They said he would hear from them in a week?

Then you wait about a week.

Is this a way to say no without having to tell him face to face?

No

Or is it a good sign they kept his passport?

Yes

They did not give him any letters or requests for more information.

Usually don't.

They gave him the pamphlets on domestic violence prevention etc, and since he is 24 he had to sign something about military service (I'm guessing that would still put him at the draft age if we ever have one).

Standard stuff.

From what I have read online a lot of times they tell you that you are approved right then.

Sometimes.

.. We are so worried now. We provided years worth of Skype conversations, proof of having met, all my financial documents for the affidavit of support etc, all his docs with translations. Notarized letter from friends attesting to our relationship... I am wracking my brain and going over everything and I don't think we missed anything.

Is this a bad sign? Or should we just take deep breaths and prepare to wait a week?

Chill out. Everything will be fine.

Hi everyone, me and my fiance are currently in the USA on a valid K1 visa. She is the beneficiary I am the petitioner. We want to get married within the next few days to start the paperwork and then have our ceremony in a few months. Does she need to first apply for a ssn to do this?

No

Secondly how exactly do you do something like that? You go to town hall get marriage license, but then what is the next step?

Both go to the county clerk's office and register for a marriage license. Bring IDs (passport and BC) and proof of residence. Pay the fee. The License usually takes a week.

Then call the county courthouse and determine when the county judge is conducting marriages. Go on that day and pay the fee, wait in the chambers and get married. No witnesses required. Then pay for multiple copies of the certified marriage certificate. Usually takes a week. Use on for AOS documents.

Also are we allowed to to this and start our paperwork for adjustment of status and advance parole immediately after?

Yes

If it's just the two of us and we are in formal but not tuxedo or wedding dress is this still acceptable?

Nice jeans are fine.

My fiance is dutch, and we cant seem to find a firm answer. Once we are married and file for change of status, is he allowed to leave the country in order for us to go on a honeymoon?

Everyone is allowed to leave the US at any time, no special permission is needed. What is needed is a visa or something else to be able to re-enter. That is what the AP or GC is for.

we know you are allowed to file for special permission to leave the country, but we can't file for one of those until we are married,

Correct. You get married, file for AOS along with the EAD and AP, then wait about three months to receive the AP & EAD. Then one can leave and be able to reenter.

and if we are supposed to leave right away for a honeymoon, we wont have time.

You can't.

Your plans are awry and need to be changed. Honeymoon in the US or later after the AP or GC is in hand. If they leave before either, then they won't be allowed back in. They would be returned to their home country. Then you would file for a CR-1 Spousal Visa and wait the year it takes to receive.

In my interview he need more proof of how we met , but we met online and our chatting deleted nd the consular need this what should II do please

Unless you can dig up evidence of your relationship, you may have to withdraw this petition, purposefully generate all kinds of verifiable evidence and refile.

• can I visit him before/after the K1 visa petition is submitted?
• Sure, if you're allowed entry.
• if I happen to get denied again can they ban me or deny my K1 visa petition AT ALL?
• Usually not unless your found to be a terrorist or are smuggling in contraband or get on an international do not allow in list.
• will our age difference be in any way an issue?
• Usually not.
• we have much evidence of our bonafide relationship, however would it be a good idea to include letters from friends (affidavits of witness) to say how I've always been attracted to older men?
• No, none of their business and they won't be concerned with your details. Why create an issue when there isn't any?
• or screenshots to show how long I've been using the older-younger dating sites?
• Again, why create an issue?
• would it be good to note in the interview that being gay already puts you into a smaller group of mates to seek, hence naturally finding mates across countries makes more sense? especially older-younger
• It's against US law to discriminate against same sex couples. Don't create an issue.
• any idea how long the California - Ontario K1 visa is taking?
• Plan for 10 months and be happy with 5.

Thanks so much! Very appreciated.

They gave me a paper saying at this point in time I wasn't admissible and I was denied entry last time I tried entering. No ban or anything.

So how much ties to Canada do I need? On the paper it says bank statement, letter of employment, bills in your name to your Canadian address, etc, etc.

I mean I know it's tricky to say but how much proof should I be prepared with?

It says to bring the paper next time - do I have to?

You answered your own questions.

Can my fiance travel to the USA (with her 11 yo son) to the US on a K1 visa with a one way plane ticket?

I know that I have have resident visa in Colombia and can travel one way without issue.

Thanks

Purchase the cheapest option.

My boyfirend and I are thinking about getting married but he thinks he won't be able to get approved for the K-1 visa because he already applied with another women a year ago. Things between them didn't work out so he canceled the visa. Would we get approved if we tried?

That is no reason he can not file.

Hi!

I am wondering if I try to cross the USA border from Canada after we submit our K1 Petition and get denied entry at the airport can they in any way deny the K1 visa petition OR use it against me in the interview/during the petition process?

Not usually.

My fiancee and I really, really want to see each other in his hometown during the petition is being processed.

Come on over.

I'm aware of the ''Yes, you can visit!" thread, but it didn't address this specific subject of this topic from what I can tell.

Unless you are found to be a terrorist or are smuggling contraband and then are put on an international do not allow this person in list, any denial does not affect the K-1.

Please forgive me as I'm learning. The 1-129 is $340?

Yes and on that form you would list all your children, regardless of age and immigration intent.

Then once approved I apply for the ds-160? For me and my son?

Yes, it is in this form that you list which of your children you want to receive a K-2 and whether they Will Follow (come with you) or To Join (come later within a year of your K-1 issue date).

I couldn't find the pricing.

There is no cost for the DS-160 online form. Both you and your child will have to have their own medical (paying for each) and pay for each for the visa cost. Check the Embassy website for those costs.

Then once I'm over there with my son and I marry I'd apply for AOS for both of us?

Yes and when you file your child's AOS forms along with yours, there is a reduced rate for the child. See the 485 form instructions for those costs.

Which I can't find the pricing on either. I did see a comparison chart on this site and it said k-1 said and done is $1700? Is that true. Would it be right to assume another $1700 for my son?

No, see above.

I can't seem to find the pricing. Would it be more money conscious to do cr-1 visa?

The K-1 is a bit more costly but the CR-1 takes longer.

Yes we could marry in Canada. What then would I be doing form wise for me AND my son? Length of time and pricing. Sorry it's just so confusing.

Follow the Guides for the CR-1 visa and forms and costs (form the form instructions).

Follow the Example Forms, link at the top of this page.

I just sent my K1 I-129f petition. My fiance is from the Philippines but have been working in Singapore for the last four years. Her son is 12 years old going to school and living in the Philippines with his aunts and grandfather. The K1 visa for my fiance will be processed in Singapore. Here is my question, can we bring her son to Singapore and apply for a visa for him at the same time,

No since he would be travelling out of a different country.

however, he will not be travelling with his mom at the same time since he has to finish he school. If the answer is yes to him getting a visa in Singapore, would it still be valid for him to travel within a year so I can go back and bring him myself from the Philippines?

When he is ready to travel from the Phils, you would schedule his interview and medical and go to the Manila Embassy.

My fiancee, and her parents will be visiting me and my family in the begging of April via their B2 visas. They are all traveling at the same time together, via same flight.

When it comes to telling border officer why they are entering USA, should my fiancee mention that she is visiting me

Yes

(fiance) and that we are in process of getting her K-1 visa?

Only if asked.

I was told that if she does say so, she should also mention that she is aware that we can't get married until she enters using K-1 visa.

Only if they bring this subject up.

We are still in early stages with I-129F (should be getitng NOA1 by 30 if not sooner) hence why I am uncertain if she should mention it.

Don't bring it up unless they do.

Another caveat is that they visited last year and stayed in USA for almost full period they were allowed to stay in (couple days short), but they did not overstay allowed period by any means.

Great that will go a long way to convince CBP that they understand and have followed the requirements.

That is when we spent most of the time together, but they also got to visit all other relatives hence the reason for staying so long. This time, if she mentions she is visiting me, then maybe it will increase their chances of getting longer stay period.

Which is always nice because the distance is killing.

Edit:

Received text message that USCIS received petition and they provided me with email. I sent papers on 03/17/2016 and it was delivered next day 03/18/2016. Is this considered NOA1?

Yes

. What are the current timelines for NOA2 approvals after your RFE response?

It depends.

As stated, one month is usual but it really depends on how the individual adjucator handles RFEs.

Some may jump back onto that case once the RFE is received.

Some may wait until they process the case they are currently working on.

Some may wait until the end of the week....or end of the month.

Some may wait until the second Tuesday following a full moon.

Great! Thanks! We were thinking there will be a conflict when she tries to enter the United States using her tourist visa while there's a pending K1 visa.

There could be and maybe not.

There is no need to mention the entry denial. No harm was done, it is in their system and will not be an issue.

Do a Google search on SSN. You are ready to go now.

What if I go to States before petition is approved and I will get married there on visa waiver or tourist visa? Is there any consequences, is there any other options for us?

Sure you can come to the US, get married and then when your time limit is over on the VWP or tourist visa, you must leave.

Then you file for a CR-1 Spousal Visa and wait for that to be approved, about one year.

To come here on a tourist visa and attempt to stay permanently is visa fraud. You could face a permanent ban and deportation.

If you rI-94 has less than two weeks left of validity, then you need to wait for your EAD or GC card to get the SSN.

I think I'm getting it then! Hee hee! So If I will send it to Dallas, TX then I will put the Dallas, Tx address in my fiance letter of intent & Mailing address correct? And if I decide to send it to Lewsville,Tx then I would put the Lewsville,Tx address on both letter & mailing address right? Do you know how much longer it will take to receive it if I send it through the Lewsville or Dallas?

1 day

Hi everyone.

First I want to say thank you to everyone becuase this forum has been a lof of help throughout my process! This is the first question I ever post, hope someone can help me.

I recieved an RFE, and some of the things listed are Circumstances of Meeting, and Last Personal Meeting. Under "Last Personal Meeting" it gives a lot of examples I can submit as evidence, but not much is said under Circumstance of Meeting; just to submit information regarding how we met to establish the realtionship. Has anyone else got this before on a RFE? What might I submit as evidence for that?

They mean the same thing. USCIS does not care how you came to know each other only when you met in person. When, How, Where, How Long?

Hey if anyone out there knows....I needed some clarification on whether or not you can get a work permit with a K-1 visa. I have read some things that say that isn't allowed anymore,

Correct

but the USCIS website says you can file I-765 for a 90-day permit based on a K-1,

Correct also....you enter the US, then you can file for an EAD that will allow you to work until the 90 days within which to get married for the K-1. Then that EAD become invalid and you have to wait for the EAD or GC after you file AOS.

Oh.....failed to mention that is usually takes USCIS two months to process a EAD!!! So how many weeks will you be able to work? Maybe 3 or 4?

and then apply for an extended work permit with your AOS.

Does anyone do this?

No one does because it is silly.

I'm wondering how long it would take to file/get a work permit on your K-1?

2 months

Could you continue to work while you file for an extension with AOS and not have to stop working?

Nope you'd have to stop.

I currently don't have work (hoping to soon) and my fiancé is hoping he can get work really soon after he arrives in the US from Canada. Thanks : )

Nope don't plan on working until about 3 months after you enter.

If working so soon is important, then you guys should get married and file for the CR-1 Spousal Visa. That gives you the GC upon entry and you can work immediately.

Just curious. How do you know its lost?

Yes how do you know it is lost? You are well within the normal time frame.

Normal