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Those who are considering filing an I-129F for a K-1 visa would do well to consider some of these aspects of the visa process. That being said, the choice of which visa to file for is a personal decision which should be made after careful consideration of your own situation. the K-1 is in a visa category (NON-IMMIGRANT VISAS) which ALLOWS fairly arbitrary rejections and denials. I realize the consulates process them as Immigrant visas, but can you really expect the same accountability stateside that is applied to Immigrant visas? RandyW, on 07 Jul 2014 - 8:36 PM, said:http://static-forums.visajourney.com/public/style_images/master/snapback.png From Marc Ellis, Immigrations attorney -http://candleforlove...able-person-do/ . . . . . . http://www.ilw.com/a...0323-ellis.shtm But the Consular Officials ALWAYS have "substantial evidence relevant to petition validity not previously considered by DHS" available to them, simply through the visa application and the interview. Regardless of ANY evidence, they are ALSO REQUIRED BY LAW to DENY any application where they feel (or get the wild hair up their a$$) that the relationship is NOT bona-fide - and they are not required to justify their findings beyond a simple statement that "the relationship is not bona-fide". The law is that the visa is awarded at the sole discretion of the Interviewing Officer. Under the Doctrine of Consular Non-reviewability (which HAS been re-affirmed in the courts many times), these decisions cannot be changed. The Doctrine may (and has been) challenged in the courts - and has been upheld. Challenging the Doctrine of Consular Non- Reviewability in Immigration Cases If someone is able "to compel the consulate to produce the NEW and compelling evidence", they might just do exactly that - remember that new evidence, unavailable to the USCIS in adjudicating the original petition, is ALWAYS available through the visa application, P3 and P4 material, and the interview itself The pitfalls of the K-1 fiance visa: Consular nonreviewability

My fiancee and I are just starting the process of immigration to the US for her and getting married. Our situation is unique with added opportunity but also some unique challenges. While we are both pretty sharp at navigating the immigration process when we know what to address, we could use help for what we don't know to address. Here is our story as it is evolving: I have never been married and have no children. She was divorced 2 years ago and has a daughter that is a junior in high school.We met mid September, 2012 on www.ChinaLoveMatch.netOur attraction for each other was very strong and fast. Emailing, chatting and video-chating almost everyday.In a few days I purchased plane tickets to China dated for mid November, 2012A few days later I purchased more plane tickets to China for late December, 2012.We met in person 11/11/2012 in her city in China. We spent 2 weeks visiting each other: her friends and business contacts near her home; then her daughter, brother's family and her parents in another city; her old classmates in yet another city; and tourists sites in Beijing.By the time we met her parents 11/17/2012 we told them of our plans to get married. They have given us their blessing.I purchased more plane tickets to China in early December dated for early March, 2013.We will be together in her city for two weeks starting 12/23/2012.We will travel South China together for two weeks starting 3/3/2013.We have completed our I-129F but have not submitted it because I'm not sure about some issues: My address is confusing and I don't want to confuse where I'm living now and where we plan to live when she gets her visa.My home is in Montana. I am a self employed Chemical Engineer and an Apartment Landlord. My Apartment Bldg. is in MT. This house is where we will live when she gets her visa.Almost all of my Chemical Engineering work is in Utah. I rent a room in a shared house there. My schedule is typically 1 week off per month. If I wasn't going to China so much I would spend most of that time off at my Montana house.It's not relevant now, but 1 year ago, similarly I lived in my small home in central WY for 3 years while I did chemical engineering work there. Utah was an opportunity I couldn't say no to when I thought I was returning to MT.In December, I started extended work trips to central Nevada. I am given shared company housing there. They are patient with all my trips to China. I think this project will last through April, 2013 but so far I have only completed two weeks so we are still developing the scope of work.Our plan is for me to keep working until at least the end of April, 2013 while we wait for her Visa but if the wait for the visa stretches much later, I am interested in living in China for 3 month intervals with about 1.5 months in the US between trips.On one hand we would like her to experience my traveling work and be part of the decision when to quit.On the other hand we would rather be together in China if the wait for the visa gets long.She is also self employed, in China of course. Her business is very valuable for the time it requires.She has a daughter that is a junior in high school at a boarding school some 400 miles away, but near her parents and her brother's family.The idea is to keep her business and home going until she can give them to her daughter after graduation.But maybe her daughter will go to University, maybe she won't.If her daughter doesn't go to University, the daughter might be better off with the business, the house, and continuing education in art and business nearby via some less conventional way. (In the US I would call it night school or community college plus private art studio training. I'm told those don't exist in China.....)Her parents are retired and are willing to keep the business and home going for some time to help transition to the daughter after she gets her visa.She would like to visit China each year between October and February to participate in the business' busy season.Our big picture plan is to live in Montana, manage the real estate investments, enjoy our home, potentially start another small business, and be snowbirds to China during the winter.Some of the annual trip to China will be to visit family.Some of the annual trip to China will be to touch base with the business.Some of the annual trip to China will be to visit south China to enjoy the weather.So while it would be nice to have a quick Visa process, what we really need is some certainty to not mess anything up while we live a somewhat transient lifestyle, and some guidance how to complete all the application paperwork in a way that doesn't alarm someone looking for “conventional stability” as part of our qualifications. In summary, some key points: On the I-129F, is it a problem for me to list different address for my current location and where she (we) intend to live in the US after she gets her visa? Of course we will live together there, but the I-129F doesn't allow us to make that clear.She has a high school junior daughter in boarding school so far away that they only see each other about once per year. She moving to the US and then being back in China for 3 months each year doesn't really change anything with their relationship but again the I-129 doesn't offer anywhere to explain (I guess it doesn't even address if the child will stay in China or not.) The daughter stays with her father during summer breaks.We would like to proactively manage my engineering business but we need some idea of time frame for her visa. 4, 8, 12, 16 months?...... there are certainly some grueling stories on www.CandleForLove.comAnd one last question, I saw that Shenyang is listed as a US consulate that can be used for visa application. Is that true or do we have to specify Guangzhou? What suggestions do you have for us?

Two questions. I want to send my packet via USPS as priority--not express. Which address should I use for this? Secondly, what's this NVC Electronic Processing? Can it really reduce the waiting time by 60-120 days? http://www.visajourney.com/wiki/index.php/NVC_Electronic_Processing Application packet ready to go out TOMORROW. It's been long enough waiting to collect papers.