USCIS holds that all children of a K-1 beneficiary must be listed on the visa petition. This depends on what happened after those 90 days. You have a 3 year ban now but by February of 2009 you will have a 10 year bantruly this is no joke. If I came to the United States on a K-1 visa and it does not work out between me (the alien fianc/fiance) and my U.S. citizen petitioner, can I file a K-1 visa through someone else? Q. Guess the ex had his ducks in a row. The matter of the fact is that you CAN'T adjust in the US anymore. You overstayed your K1 visa and then within weeks of breaking up with your "fiance" you married someone else? A. Make your reservations, and leave the country ASAP. You've been overstaying your visa as you pointed out since February, that puts you at 7 months. Time to consult with an immigration lawyer. As you likely know, if you are a visa holder, you can stay legally within the U.S. for a certain amount of time. Can he get a marriage visa for me so we can get married? Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary? That's the document that tells you how long you're able to lawfully stay in the United States. Essentially, the visa process continues. Q. It will also include a list of additional supporting documents and instructions on how to provide these documents to your local U.S. embassy. But then, the new guy is more specialised than the old one and probably makes better money! You can prove that your relationship is legitimate. 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. For this, you can provide a copy of the approved I-129F package originally filed with USCIS. Dec 2008 10yr green card approved, no interview. Your consulate will let you know. FEBRUARY 10th, 2006 VISA RECIEVED!!! You may be eligible to submit a hardship waiver. usavisanow.com Immigration Law Office of Eran Regev, Esq. In the grand scheme of things, It isn't about a matter of respect. 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: A man from Sierra Leone came to the United States with a K-1 Visa and then married his U.S. citizen girlfriend within the 90 days. End of story. When,I was at my friend's house, she let me use the computer.You just don't know how it's hard for me.There's no nights that I don't cry.They see me and felt pity on me.She sometimes brought me to her school so that I will be entertained.And,then,one time,when I log on my computer,i saw a message from a man, which is now my husband.He said,he is welling to marry me and starts family with me.I agree with him w/o any hesitation.We got married after 2 weeks of conversation.He came to my friend's house and ask my hand from them.My friends were trying to disagree about it because they said it's too quick.But I don't listen because for me,I believe that these is all God's plan.This man is for me.He comes on the right time.He marry me without any hassle.No premarital agreement.He put me on his bank account and everything and then he filed me a I-130 to the USCIS.And he also work in the hospital and he is more specialize than the other guy.He is also more responsible than him.And now,my heart is change.How can I not love him if he loves me more than I thought?I am completely in love with him now.I don't know,my feelings from the other man is just vanish completely especially everytime I think what e have done to me . September 24, 2008 by payxibka (edited) Yes, the guy is a dirtbag for not mentioning the pre-nup beforehand. Any other additional requirement required? Generally speaking, I-129F approval is very fast, given you followed directions and submitted all appropriate documentation. No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary. If a woman is that offended by a pre-nup, she has other plans for the guy's money. 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. Police clearances from all countries where you have lived for more than six months since you were 16 years old. 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. But every embassy or consulate has its own requirements. He/she can only obtain such residency by applying for an immigrant visa at an appropriate United States consulate abroad. AGAINST IMMIGRATION LAW. 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. A K-1 fianc visa is a type of nonimmigrant visa that allows a U.S. citizen's fianc to enter the United States to get married. The consular officer who conducts your visa interview will usually make a decision on the same day as the interview. The attorney can analyze your case, confirm or your ongoing eligibility, gather documents and paperwork, draft legal arguments on your behalf, prepare any witnesses, and if you end up being arrested by ICE, appear with you in immigration court for your hearings. The K-1 nonimmigrant visa is also known as a fianc (e) visa. Can I bring over a fianc of the same sex? Question: Can my fiancee work in another country while in process of K-1 visa? You married someone else so you cannot adjust status without leaving the US. What Should I Do if USCIS Denies My K-1 Visa Application. You are only required to provide the most recent return, but it is a good idea to provide returns for the past three years. You will usually pay this fee at the visa interview. If the child is born outside the United States, make sure you register the birth at a U.S. Embassy or Consulate. You can bring your children to the United States with you as long as those children are under the age of 21 and unmarried. Can I Bring My Children to the United States With Me on a K-1 Visa? The alien fianc/fiance and U.S. citizen must have met personally at least once in the two years before the I-129F petition was filed. If I decide not to get married to my Fiance can I cancel the petition? The allotment can differ anywhere from 1 month to 10 years. Under the 1996 Defense of Marriage Act, a U.S. petitioner cannot bring over a fianc/fiance of the same sex, even if same-sex marriage is legal in the state the U.S. petitioner resides. Should I include all of my Fiances children in the K visa petition? That is why we have more attorneys than clerks. There is often confusion regarding who is covered under the CSPA. Which Affidavit of Support should I use for my K-1 fianc, an I-864 or an I-134? If you have applied for two or more K-1 visas (does not matter when) or received K-1 approval within a period of two years prior to filing the current K-1, then you must file an additional waiver. If I came to the United States on a K-1 visa and it does not work out between me (the alien fianc/fiance) and my U.S. citizen petitioner, can I file a K-1 visa through someone else? 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. Q. 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. All our pictures are on our phones. She cantravel to other countries like Costa Rica to meet youwhile shes waiting on the K-1 visa petition. All of these steps take time. After filing Form I-129F: Petition for Alien Fianc and Form DS-160: Online Nonimmigrant Visa Application, you will attend a visa interview. While it is possible to still apply for a green card through marriage through somebody else, you will have to leave the United States and begin the whole visa process again. Your petition with man #2 will very likely be denied; as you entered the country to marry man #1. They called him In via phone, stamped his passort and sent him on his way!!! To do that, you can file Form I-485 together with Form I-765. Rest assured that they'll be able to help you. It could have save them both some heaches. You and your husband need to find a good immigration attorney and go have a consultaion. You can work on a K-2 visa. If they need additional information or evidence, they will ask you to submit it to the U.S. consulate or embassy after the interview. No. We have since married. He is divorced and having 3kids. Anyone have a "head banging against a wall" smiley? If the beneficiary has a child not named in the petition, the consular officer must suspend action and return the petition to USCIS for reconsideration. A copy of your valid, unexpired passport. 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. Posted on Sep 8, 2016. You and your husband need to find a good immigration attorney and go have a consultaion. 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. On the contrary, the expressed intention of a K-1 visa is for permanent immigration. If you receive a K-1 fianc visa with which to enter the U.S. and get married to a U.S. citizen, your unmarried children under the age of 21, whether or not they are the biological children of your U.S. citizen fianc, might be eligible to accompany you. 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. I wish you good luck in your petition . Your U.S. citizen fiancs household income is at least 100% of the federal poverty guidelines. SECURITY CHECKS ALL CLEAR!!! AOS Approved on 10-17-08 (details in profile). What do we do? This was denied because he was allowed into the U.S. on a K-1 visa and could only adjust based on marriage to the person who petitioned for his K-1 visa. We met online became good friends , fell in love and got married.. You did not marry the man that petitioned you. You and your fianc plan to marry each other within 90 days after you arrive in the United States on your K-1 visa. If you include these children on Form I-129F, and they are eligible, they will receive K-2 visas when you receive your K-1 visa. What is the International Marriage Broker Regulation Act (IMBRA)? However, he/she was recently laid off. It just does seem very strange to say the least that the intended marriage didn't work out, but then 'suddenly' another man comes along and within two weeks, a marriage takes place. Since he will fill out the I-134, am I still required to fill out an I-134? Pregnancy can be used as additional evidence of a bona fide or good-faith relationship. Within that period, the fianc/fiance must marry the United States citizen petitioner, or face termination of status and potential removal from the United States. Also, you will technically be unlawfully within the United States after those 90 days. Proof that previous marriages have ended, if either of you were formerly married, such as: Divorce decrees, death certificates, annulments, etc. Q:Topic: Unable to Satisfy the In-Person Meeting Requirement for Fiance Visa Processing. What Are the Income Requirements for a K-1 Fianc Visa? You cannot stay past 90 days on your K-2 visa. Adjustment of status is the process that you can use to apply for lawful permanent resident status (also known as applying for a Green Card) when you are present in the United States. Attorney and Filing Fees for a K-1/K-2 Visa. This will probably be the embassy or consulate in the foreign fianc's home country and will take place 46 weeks after you receive the notice. Feb. 1, 2010- Biometrics appointment at 8a.m. They will be given "K-2" visas for U.S. entry. Read more on that website before you give a call.. Good luck!! 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. How do I apply for a K2 visa for my child? A K-1 fianc visa is a type of nonimmigrant visa that allows a U.S. citizen's fianc to enter the United States to get married. If you have been convicted of certain violent crimes, then yourequire awaiver before proceeding with a K-1 visapetition. STILL CANT DO IT. In the event that you turn 21, you will not be covered under the Child Status Protection Act and will no longer be able to adjust your status. Form I-129F must be filed by a U.S. citizen. See the relevant sections above for more detailed information. 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. The K-2 visa is good for 90 days upon arrival in the United States. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Written by Jonathan Petts. Can we simply print them and write the estimate date with exact location on the back? Do dependent children receiving K-2 visas need to travel to the United States at the same time as the K-1 beneficiary? The expressed intention of a tourist visa is strictly temporary for the purpose of visiting the United States. Second, he wanted the judge to allow him to adjust based on the second marriage. A. Once you mail your Form I-129F and supporting required documents to the appropriate address, USCIS will send you a receipt notice within about 30 days. 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. In this case, the U.S. petitioner needs to submit information regarding his/her assets (i.e. Jan 17th.. good word recieved. You get this form at an immigration medical exam from an approved doctor. Also birth certificate and divorce decree, can I just scan copies of those too? GO HOME, GET THE RIGHT VISA WITH THE RIGHT MAN'S NAME ON IT!! 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. Under the IMBRA Act, you must indicate on your I-129 petition whether you met your fianc/fianc through an international marriage brokerany entity that charges for matchmaking services. Immigration follows RULES, you broke those RULES (whether it was love or not), now you have to pay the price like everyone else does. * 3-year bar to readmission to the United States if alien voluntarily departs the United States after being unlawfully present for more than 180 consecutive days, but less than 1 year, * 10-year bar to readmission to the United States if the alien departs (voluntarily or involuntarily) after being unlawfully present for 1 consecutive year or more, Thank you.It is helpful and I appreciate your response.May God bless you~. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. There are no specific income requirements for the foreign fianc. Call me strange, but I couldn't possibly know enough about someone to marry them within two weeks of meeting them. INA 245 (d). Both the U.S. citizen and the fianc/fiance must remain unmarried until the arrival of the alien fianc in the U.S. In general, you have 33 days from the point you receive your denial notice to appeal the decision. 2. Don't panic, but definitely act quickly, using the tips in this article. If you arent sure if youre eligible or not, check out the eligibility requirements below or read our article on K-1 visa eligibility. The best way to get a longer-term work permit is to apply for a marriage green card. Its good to note that the process of applying for a K-1 nonimmigrant visa to then apply for a marriage green card (adjustment of status) is faster than applying for a marriage green card abroad through consular processing. The U.S. citizen parent-to-be could be required to sign a statement acknowledging the pregnancy. You must return to the Phillipines to apply for one. You Decided Not to Get Married Because of a Change of Heart. without a trip home and a new petition is filed. A K-1 visa costs $800 and usually takes 1215 months to receive. Our attorneys handle their clients cases individually by preparing petition letters, contacting clients, and following up pending cases. Noo this isn't going to raise any flagsnot at all. Make sure that the contact information you provide on your Form I-129F is correct or you may not receive this notice. If their income is below this amount, they must submit a supplemental Form I-864 or Form I-864A with their application. Those under K-2 status should keep in mind that the CSPA is only applicable under certain circumstances. Once your adjustment of status application is successfully submitted, your status becomes legal. 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. This is true even if the K-1 beneficiary has subsequently married, provided the dependent child is still unmarried and under 21 years of age at the time of K-2 issuance. How to Apply for a K1 Fiance Visa by Yourself, How to hire an Immigration Lawyer to file your K1 Fiance Visa, How to complete the K1 Fiance Visa Affidavit of Support, How to determine the K1 Fiance Visa Income Requirements, How to use a joint sponsor for your K1 fiance visa, How to use assets to qualify on the affidavit of support for the K1 fiance visa, How to prepare for the K1 fiance visa interview. Your consulate will give you very specific instructions regarding this. Two Ways to Fall Out of Status When a foreign national remains in the United States longer than the period of authorized stay, it's called "overstaying" a visa. However, because you can only adjust status through the original person who filed for your petition, you are required to return to your home country and start the K-1 process all over again. Yes, you are allowed to have more than one visa, but you can only hold one status while in the US. Requirements and Documents for a K-1/K-2 Visa. Your children may enter the United States with you or after you, but they cannot enter before you. However, you cannot maintain K1 status for long: it lasts for a maximum of 90 days and cannot be extended. 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. But, what if you don't? You may wish to notarize such a statement so USCIS can be assured that you personally are asking the petition to be withdrawn. If you are denied, your denial notice will give you detailed instructions on submitting an appeal. DOS says embassy to contact him within two weeks!!!!!! The K1 visa allows the fiance of a U.S. citizen to enter the U.S. for the purpose of getting married. I arrived here in the US last August 15,2007.On my first day here,I already noticed something is wrong with my fiance.I feel like he just brought me here in order to have a servant in his kids and pets.He got 2 kids.But I don't complain about that.Because for me,it's my obligation as his wife to be because that is what I expect hence he brought me as his fiancee.What I don't understand, is ,why he has no plan about marrying me?He is aware that he should marry me b4 90 days so that I will not be sent back home.I did not ask him a marriage and I just wait because for me as a filipina ,we have no rights to ask for a marriage.I just wait and wait until I decided to ask him if is he having second thoughts of marrying me.He said no,he doesn't.He just told me that he just need a enough time to ask a vacation leave from his work.So,I listened until the date comes that he promise to marry me. Once your K-1 visa application has been approved, you will receive a sealed visa packet. This man is for me.He comes on the right time.He marry me without any hassle.No premarital agreement.He put me on his bank account and everything and then he filed me a I-130 to the USCIS.And he also work in the hospital and he is more specialize than the other guy. If you do not leave before that time period and are caught, you run the risk of being barred from re-entering the United States for three to ten years. September 24, 2008 (edited) There is no adjustment of status ability from K-1 unless the marriage was to the original petitioner. A. No, eligible dependent children can travel to the United States on a K-2 visa within a year of the issuance of the K-1 visa to the principal beneficiary. Form I-864 does not need to be submitted unless the alien fianc/fiance marries the U.S. citizen petitioner and adjusts status under a conditional basis (see removal of conditions). Be sure to take plenty of pictures together. Once USCIS approves your Form I-129F petition, it will send an approval notice to the mailing address(es) you provided on your form. My alien fianc/fiance came over here on a K-1. :innocent: I am here to share what I have read and give it to those who needs an advice. Can I extend the K-1 Visa beyond the original four month validity? You should get a receipt notice from USCIS once it accepts your application for processing, normally within several weeks. This proof includes: Flight itineraries, hotel receipts, photos, letters/texts/emails, etc. But it will be much harder to prove that your relationship is legitimate if you are not engaged before you apply. What do we do? Citizenship and Immigration Services (USCIS) for a change to another visa status (not even a nonimmigrant visa, such as a B-2 visitor visa, nor an adjustment of status to U.S. residence (as in, a marriage-based green card ). Your children must continue to be unmarried and under the age of 21 in order to be admitted to the United States with you as K-2 nonimmigrants. U.S immigration law is quite complex. I will refer you to this site www.fianceevisas.com your husband can call and ask for advice. On top of that, you will have to explain the delay in marriage to the immigration officer. Because the petition is valid for four months, this provides extra time to secure plane tickets and necessary travel documents. Hi,thanks for the reply.I am glad that you understand my situation.I don't know why some other people could not understand.I am not a gold diggger..All,I want is a respect..That's all!..I never him any amount besides the payments of my papers,but he is the one who do it voluntarily.So, why would they judge me that I am a god digger.It's just because some people do it and they generalize it.It is so sad..It hurts!Not all people are they same,right.Is it bad to ask for a respect? Documents Required for Marriage Abroad Marriage Visa or Fiance Visa? Like she says, this new guy put her on his bank accounts and all is good in golddiggerland. We have since married. DO NOT send your appeal directly to AAU, as this will delay the appeals process. To . In less than2 months, you will have overstayed by a year, banning you for 10 years. Once you marry the U.S. citizen petitioner, you become a legal permanent resident. 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. Sorry to hear about it but you overstay. JMO. How to Report Suspected Marriage Fraud The 5-step process involves U.S. It will take USCIS 12 months to process this application, and the work permit will only be valid for the first 90 days after you enter the United States. They called him In via phone, stamped his passort and sent him on his way!!! 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. Also, my fiance has plane tickets as proof. I love my hubby beyond anything in this world. It does not matter where you get married, but you must not get married before you come to the United States on your K-1 visa. March 12, 2010- I-485 receipt notice for interview, March 18,2010- received letter for initial interview, April 19, 2010- 8 :15 A.M INTERVIEW DATE ( APPROVED 5min.Interview), APRIL 20, 2010- USCIS website updated card production ordered. 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. Let me try saying it another way.USCIS will NOT APPROVE your petition because you are not eligible to file the petition. If USCIS denies your K-1 visa application, you may be able to file an appeal. 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. Yep. What are the general requirements for applying for a K-1 visa? Applying for a K-1 visa can be a good option if your U.S. citizen fianc cannot travel abroad to get married. What Does the USCIS Case Status Case Transferred Mean for My Fianc Visa Application? However, I am over the age of 17 and a step-parent/child relationship was never established.
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