7031 Koll Center Pkwy, Pleasanton, CA 94566. Dec 2008 10yr green card approved, no interview. If it does not work out between you and the U.S. citizen who petitioned for a K-1 on your behalf, then you can file a K-1 through another person. You should make a written request to the Embassy asking to withdraw the petition. This depends on what happened after those 90 days. There is no adjustment of status ability from K-1 unless the marriage was to the original petitioner without a trip home and a new petition is filed. It will be denied due to your overstay. This was denied because he was no longer married to that spouse. Sworn statements (written by and signed by each partner) that describe your relationship. The interview is usually pretty straightforward. The K-1 Visa (commonly known as the fianc(e) visa) allows a U.S. citizen to bring a foreign fianc to the United States in order to get married. After that date, if you have not yet filed an I-485 Application for Adjustment of Status with the USCIS, you will be out of status and, in spite of being married to a U.S. citizen, your presence in the U.S. will be . All Rights Reserved. Once that time is up, you must leave the United States or apply for a new visa should you want to stay legally. Its best to provide the original signed statements and keep copies for your records. The INA specifically states that a K-1 visa beneficiary cannot adjust status and become a permanent resident based upon marriage to a person other than the original K-1 visa petitioner. To be qualified for a K-1, the following requirements must be met: The alien fianc/fiance must be outside the U.S.; The U.S. citizen must first file an I-129F petition with USCIS and have it approved before the alien fianc/fiance may apply for a K-1 visa. For a fianc/fiance, this is the best way to enter the United States. also you cannot take the tag off the mattress and then take it back to the store for another. DOS says embassy to contact him within two weeks!!!!!! On that page, you will also learn: What forms to use What documentation you will need to prove your relationship and identity How to bring eligible children If you are issued a K-1 visa: In less than2 months, you will have overstayed by a year, banning you for 10 years. Ask our, http://www.visajourney.com/forums/index.php?showtopic=151129, http://www.visajourney.com/forums/index.php?showtopic=150183. While you wait, be on the lookout for any Requests for Evidence (RFE) from USCIS. doesnt work that waqy against fed law MArch 21st , 2005AR for special security clearance,washington, May 18th tranfer case from Seoul to Islammabad, June 28th online at the embassy in Islamabad, waiting for paper transfer and the good word, OCTOBER 14TH 2005 Interview Number 2: ISLAMABAD, PK, AR number 2 sent to DOS per Islamabad (2 cable request), Nov 22 okd updated financial and etc proof accepted / embassy waiting for security cables. Now,I am just waiting for the approval.I don't know if they gonna approve it or what.I hope they will..They already sent us a reciept on May 29,2008.that's all i need to know about..if someone out here who has the same situation of me,please share and tell me if I am doing the right thing.I also need to know,if i should go back home,while my application is pending so that I will not face the banning.Just share..thanks for reading.God be with us all~. Feb. 1, 2010- Biometrics appointment at 8a.m. What Is a Marriage Visa? It will save you money, scrutiny, and the headache of having to file additional paperwork. You can prove that your relationship is legitimate. You can work on a K-1 visa. However, he/she was recently laid off. I am normally the nicest person on the face of the planet, but PLEASE get of your pity party and listen to what these people are telling you. You are only required to provide the most recent return, but it is a good idea to provide returns for the past three years. It really just depends. Sorry to hear about it but you overstay. USCIS Expands Flexibility for Responding to USCIS Requests, USCIS Offices Preparing to Reopen on June 4, 3 mistakes to avoid on your K-1 Fianc Visa Application. It's amazing how she was so madly in love with the first guy and then gets an email out of the blue from some guy who wants to marry her, and she falls in love with him instantly and marries him. If you and your fianc(e) marry within those 90 days, you can apply to get lawful permanent resident status by submitting an I-485, Application to Register Permanent Residence or Adjust Status. If meeting in person would violate either your religious or cultural practices or if it would cause extreme hardship, you can request a waiver of this in-person meeting requirement. They will not care what the reasons were behind any actions other then marrying the original petitioner. Now what do you do? Why you did what you did is your issue, but if you want to have a shot at coming to live here US with all the legal right afforded to an immigrant, you need to do two things and do them pretty fast. The NVC will mail you a letter when it sends your fianc (e) case to the U.S. Embassy or Consulate. It could have save them both some heaches. For more information on K visa, please click on the following links: Is it possible to bring your fianc over on a tourist visa? The traveler must be unmarried not only during the application process but also when boarding the aircraft to the USA. Current processing time takes around 5-6 months. How to Report Suspected Marriage Fraud My alien fianc/fiance came over here on a K-1. You have overstayed by over 10 months so far. Step 5: Come to the United States and Get Married! Jan 17th.. good word recieved. I wish you good luck in your petition . Pregnancy can be used as additional evidence of a bona fide or good-faith relationship. There is often confusion regarding who is covered under the CSPA. As you likely know, if you are a visa holder, you can stay legally within the U.S. for a certain amount of time. This is the actual K-1 visa application. If a circumstance dictates that you must leave the United States, you should submit an Application for Travel (Form I-131) to ensure your return. You overstayed your K1 visa and then within weeks of breaking up with your "fiance" you married someone else? If you are a foreign national who came to the United States on a K-1 fianc visa, then you married the U.S. citizen who petitioned you, but took a long time to get your paperwork together for the adjustment of status application (for your green card), your I-94 might have expired. She cantravel to other countries like Costa Rica to meet youwhile shes waiting on the K-1 visa petition. He is divorced and having 3kids. 2. While the concept of mail-order brides seems antiquated or even upsetting to some, the truth is that many people still search for and find an overseas soulmate. Anyone have a "head banging against a wall" smiley? We met online became good friends , fell in love and got married.. http://www.visajourney.com/forums/index.php?showtopic=151129 please read this thread..hope it helps.. another thread for you to read..this has more advice.. http://www.visajourney.com/forums/index.php?showtopic=150183. But every embassy or consulate has its own requirements. At this time, you must apply for her Advance Parole Travel Permit (USCIS Forms I-131). To have the petition revalidated send a written request to the Embassy that includes a statement of your intention to go forward with the marriage. There are no specific income requirements for the foreign fianc. All Rights Reserved. September 24, 2008 by payxibka (edited) Yes, the guy is a dirtbag for not mentioning the pre-nup beforehand. How long after we are married can we leave and return to the US? A. In order to appeal, you must file an I-290B with USCIS. FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. A: He may need a joint sponsor for the I-134 affidavit of support. The K-2 visa is good for 90 days upon arrival in the United States. Yes, the guy is a dirtbag for not mentioning the pre-nup beforehand. OCTOBER 22 2008 (DAY 170)- I-765:Card Production Ordered/I-131: Approval notice sent, OCTOBER 30 2008 (Day 178)- EAD Approval Notice Sent OCTOBER 31 2008 (Day 179)- EAD Received, NOVEMBER 4 2008- Applied for SSN / NOVEMBER 24 2008- SSN Received, JANUARY 31 2009- GC RECEIVED_No more USCIS for 10 Months[/color]. But. A. If you are under the age of 16, sometimes your consulate will not require you to have a passport of your own. Effects of Major Family Changes on Immigration Benefits, US Visa Holder and Permanent Resident Immigration Discussion, k1 visa expired and married to someone else, Didn't find the answer you were looking for? How do I contact the National Visa Center for my K1 fiance visa? Nevertheless, if you can explain what went wrong, and convince the immigration judge that you and your spouse truly intend to establish a life together in the U.S. (and aren't just committing a fraud to get you a green card), the judge should approve you for the green card at the end of your merits hearing. Also can I travel outside of the us after we get married? FEB 28th WELCOME HOME>>>POE CHICAGO did not even look at xray, few questions. This is probably how those at Immigration will view this. My k1 visa expired on the 24th August. You get this form at an immigration medical exam from an approved doctor. Our clerks main objective is to help attorneys prepare clients packages, and each clients package will be reviewed by one of our most experienced attorneys for final checking before sending out the package to USCIS. one hour wait at Poe, march 10th marriage (nikkah at the islamic center), aug 2006 AOS interview, cond 2 yr GC arrived september, June 2008 applied for removal of conditions on permant residency aka awaiting for 10 yr greencard. Call me strange, but I couldn't possibly know enough about someone to marry them within two weeks of meeting them. You can go back to Philippines then your husband will file the spouse visa,but I'm thinking your case might raise a red flag to the US Embassy since you married your husband in just a matter of two weeks of knowing each other. It did not work out with my fianc. The K1 fiance visa allows a foreign born fiance to enter the USA for a 90 day visit in order to marry an American Citizen. Fianc(e) (K-1) and their children (K-2) to the U.S. so you may marry your fianc(e); or; Spouse (K-3) and their children (K-4) to the U.S. to await the approval of a Form I-130 filed on behalf of your spouse and their children and availability of an immigrant visa. This essentially means that if a child turns 21 before attaining permanent residency, he/she can still file an adjustment of status, despite being 21. Can he get a marriage visa for me so we can get married? Yes. Thank you for your symphatyThank you for understanding me..Yes,I wish I did it.I don't know.I was being blinded.Honestly,on that time when I went back with him,I was already ready to stay with him illegally.I know it's stupid but I don't know what I was thinking on that time.That's why I stayed with him even after my visa expired which was on Feb. 15,2008..But,it was changed after I saw his sex video with his co-worker and when he said that he wants to hide me at his mom's house.You know,that's the reason I changed my mind.But,i don't understand why some people cannot understand me.Maybe because they don't experience it and they were lucky that's why they can't relate their self to me.But,I don't blame them,I understand them.But wat hurts me when they call me a gold diggerIt is not true.I never ask him any amounts and that's why it hurts me when he handed me that pre-nuptial agreement.If it's okay for you,it is okay for me if it doesn't say there that if i die ,he has no obligation on me.What if I get killed,how can my family see my dead body.What if I get sick,how can I get heal,I have no money even a peny.He never give me any aounts since we were together.I was working when we met each other and I only quit when I got my visa.And now, they said I am a gold digger..I think the reason why he wants me to sign it so that he could have me as his sex slave and he could be with other woman without any hassle.And I think that's an abuse,right?So,that's why I wish there's a law for this kind of people.I believe I am not the only one who is in this kind of situation.I feel like some americans,look down us because they think we a just a rag that they can step whenever they want because they are on their country and they believe they have all the rights because we are just a filipina.I know not erybody experience this,that's why I said they must be thankful because they are lucky.Like now,I feel lucky to have my husband who dearly loves me and who treated me as his wife.I got all the respects from him.And he knows that I am not a gold digger.I have his money,I know how much is his income.He call me even if he is at work during his lunch time unlike from the other guy that who never call me even if i was sick.But I never ask that.I am just happy that he trust me,he loves me and he respect me as a woman and his wife. The amount of time it will take to process your foreign fianc petition depends on which service center you send your forms to. Dec 2008 10yr green card approved, no interview. When he appeared before an immigration judge, he attempted to defend himself on two prongs: First, he wanted the judge to allow him to adjust based on his first marriage. In fact, if you file after the 90 days, immigration officers will assume that your marriage is not legitimate and you will need stronger proof/documentation showing that your marriage is legitimate and that you plan to build a life together. You may be eligible to submit a hardship waiver. By continuing to wait on a decision that I assure you will be negative (because it cannot be otherwise), you risk further banishment. The K1 visa allows the fiance of a U.S. citizen to enter the U.S. for the purpose of getting married. Conditional Permanent Resident since September 20, 2006. Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary? September 24, 2008 (edited) There is no adjustment of status ability from K-1 unless the marriage was to the original petitioner. In some states, the information on this website may be considered a lawyer referral service. It is unlikely that immigration authorities will target your fianc(e), but you still want to do your best to avoid this slim possibility. If you met through a cultural or non-profit entity, you do not need to indicate this. Your best and only legitimate option of bringing a fianc/fiance over is through a K-1. If a child is under the age of 18, a U.S. petitioner can create a legal step-parent/child relationship with the K-2 holder, granted the U.S. petitioner and the K-1 parent marry before the child turns 18. But what happens if things dont go as planned? Guillermo, June 23 Helpful, simple, and made the entire process less nerve-racking Verified, collected by Boundless Immigration Adam Hirschman, April 19 Boundless was amazing! However, they will not be protected under CSPA once they turn 21; this means that if status has not been adjusted by the age of 21, the K-2 visa will expire and the child will be required to return to his/her home country. My fianc who is sponsoring me was 100% above the poverty line. Proof that your relationship is legitimate or bona fide, including: Flight records and/or hotel reservations of trips you took together or to visit each other, Letters, emails, or texts that you sent to each other over the years, Written statements from family, friends, or colleagues who know that you are engaged. Yes. What Should I Do if USCIS Denies My K-1 Visa Application. In 2011, the Board of Immigration Appeals decided a case known as Matter of Sesaythat involves this exact situation. If it does not work out between you and the U.S. citizen who petitioned for a K-1 on your behalf, then you can file a K-1 through another person. Once USCIS approves your Form I-129F petition, USCIS will transfer your case to the U.S. Department of State's National Visa Center (NVC). Hello all,may the Lord God bless us and to this column. General qualifications for a K-1/K-2 Visa. Tags: K-1 Adjustment of Status, K1 Visa | Category: K-1 Visa for Fiancee of U.S. Citizen Comments are closed. Only if you're allowed to apply for and approved a waiver would you be able to remove this ban. After you get married, your foreign spouse can apply for a marriage green card by filing Form I-485: Application to Register Permanent Residence or Adjust Status and the required supporting forms and documents. Follow the steps to petition for a fianc (e) and to apply for a K-1 visa. Luckily, you can still adjust status as long as it hasnt been too long past the 90-day deadline. Thanks for the information.Yes, we are planning to hire an immigration attorney.What we were only doing until now is just to look up in the internet if we could see some informative information and that's we saw that we could file an I-130 which is for petetion for an alien relative.So,that's why we submit it to the USCIS after we got married and that's why they gave us a receipt and I got it last May,29,2008.And now I am wondering if they are going to approve our application.I have no idea as of now,because there is no reaction yet.I looked on the internet which shows the processing time,it says that they are now currently reviewing the Nov,2007 case.So, I am thinking that maybe I just have to wait until they send us their descession which will be happen probably on May,2008 or hope sooner than that. You and your fianc can legally marry in the United States, and any of your past marriages were legally ended by divorce, death, or annulment. If you enter the U.S. with a K-1 visa and marry the petitioner with actual intent to form a life together, you can adjust status even if you get divorced before your adjustment of status goes through. What shall we do if he doesnt meet all requirements? If my foreign fiance is granted to USA through a visiting visa, we meet in person, then they return to their country, can this meeting be used to satisfy the In-Person meeting requirement for the Fiance Visa? Should I include all of my Fiances children in the K visa petition? However, you cannot maintain K1 status for long: it lasts for a maximum of 90 days and cannot be extended. Once you are in the U.S. you can get married anywhere. I will refer you to this site www.fianceevisas.com your husband can call and ask for advice. This proof includes: Flight itineraries, hotel receipts, photos, letters/texts/emails, etc. Yes. Unfortunately, if this is the situation, you will have to return to your home country, preferably before six months beyond your visa expires.
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