biggish data

When does my fiancee need the I-134?

QUOTE (ayamani @ Jan 14 2008, 07:00 PM) <{POST_SNAPBACK}>

Hello Everyone,

I've got a simple question. When does my fiancee actually need to submit
the I-134? She's gotten the packet in the mail after the NO2 from the
Consulate, but we wanted to know when the I-134 was needed by the consulate.
Is any financial support documentation before the interview? Any help would
be greatly, greatly appreciated! = ) Thank you.

Your fiancee must submit the I-134 at the time of the interview. Be sure that she has your pay stubs, W-2 (last three years), bank statements, employment letter stating date of hire, salary, etc. I was not asked to show half of the financial information. However, it is better to be over prepared. Here is the link for K-1 beneficiaries (US Embassy in New Zealand).

http://newzealand.us...cees_visas.html

Good luck!

Black Velvet

Female

2008-01-14 19:25:00

Pregnant and Filing K1

QUOTE (mommy2B @ Feb 15 2008, 01:40 PM) <{POST_SNAPBACK}>

Hi everyone,

I am new to this forum. I just have a few questions.

1) I know timelines are not always predictable but can anyone give me an estimate: I'm pregnant and would like to apply for my fiancee so that he may be here when I give birth, due date is in October. What are the chances he'll be here by then or soon after if I file ASAP? PS: He is in Jamaica and I am in NY.

2) I am an attorney and I'm capable of filling out the forms myself but simply do not have the time right now.. I'm swamped but I know the forms need to go out soon. How reliable are some of these sites that offer services to take care of the process, especifically I was considering http://www.fianceevisas.net/
anybody use them?

Thanks in advance!

Michelle

Michelle,
I'm not sure if you have already filed. Make VJ your best friend. I have seen K-1's processed in as little as 4 months, and as long as months. Since your baby is due in October, you may want to file as soon as possible.

Good luck!

Black Velvet

Female

2008-03-20 19:16:00

Interview Attire

QUOTE (LaPrincesa @ Mar 21 2008, 05:44 PM) <{POST_SNAPBACK}>

What have people worn in the past? What do you suggest wearing to the interview?

Thanks! Can you tell I am nervous?

I work a blouse with dress slacks and pumps. My husband wore a shirt with slacks. He refused to wear a slack. Dress nice, but don't go overboard!

Black Velvet

Female

2008-03-21 17:06:00

No hotel receipts

QUOTE (stoid @ Aug 12 2008, 08:15 PM) <{POST_SNAPBACK}>

Thanks for all this info. I have already compiled some of this info, and will continue to do so. If I do decide to start working on the K1, I plan on doing so in about March of '09. At this point I will have spent about 10 weeks in Thailand with her, with about 1.5-2 hours of conversation on the phone every day (when I am not in Thailand). If I decide to apply for the K1, I will update my timeline once the process starts. One other thing, I have read mixed opinions about getting a lawyer to help out. While I do plan on using this site as an aid, I simply can't imagine doing this without some sort of a lawyer as well. Maybe it's just because I'm a worrier, but I don't want to seal my fate due to one error or omission on my part. Of course I will spend a great deal of time researching lawyers in hopes that I find the right one. I welcome comments/advice on this too.

Please do not waste your time & money on a lawyer. I did. VJ has tons of members willing to help. Use the attorney fees for your travel expenses instead.

Black Velvet

Female

2008-08-12 19:22:00

No hotel receipts

QUOTE (stoid @ Aug 12 2008, 08:02 PM) <{POST_SNAPBACK}>

Hello, When I visit my girlfriend in Thailand, I stay with her - we do not get a hotel. So, I do not have any hotel receipts to show/present when/if I finally file for a K1 visa. Is this going to be a problem? How else can I prove that I have spent time with her in Thailand? Will they accept this explanation?

Thanks!

That's fine that you don't have hotel receipts. From this point forward, take lots of pictures (different scenery), keep telephone bills, e-mails, electronic plane tickets, boarding passes, etc. The burden of proof lies with you. The Embassy needs proof of a real relationship. Please update your time line. It helps others in the process.

Black Velvet

Female

2008-08-12 19:07:00

revisit home country

QUOTE (Jim Claydon @ Sep 2 2008, 06:34 PM) <{POST_SNAPBACK}>

K-1 Financee is here stateside as of july 26, 2008 and wedding is September 14, 2008 and she would like to go back to colombia for her daughter's wedding on December 15, 2008, What add'l paperwork would be needed to apply for this visit back to her country?

Thanks,

Jim Claydon

Jim,
Unfortunately, the K-1 visa is for one entry only. After you get married, she can not travel until she has AP (Advance Parole). Use Form (I-131). The other way she can travel with a green card. However, the AOS (Adjustment of Status) may take a few months to a year. Check other time lines. December is cutting it close though.

Black Velvet

Female

2008-09-02 17:58:00

K1 vs marry in Colombia

NIC,

As a USC you must live in Colombia for 6 months and be married to your fiance in order to qualify for Direct Consular Filing. That means you can process her immigrant visa directly at the US Embassy in Bogota. You ONLY other option is to file for the K1, go through the process and have her travel to the US without her child, get married in the US and then both of you return to Colombia (a 6-9 mos process).

As far as LIVING in Colombia....Well, Colombian wages are lower than US wages, but depending on your profession and what you want to do in Colombia, as a USC you have more options than the average Colombian. And LIVING in Colombia is WONDERFUL. Its a different culture, but if you are considering marriage to a Colombian, you must not be too averse to it. And of course, living there would allow you to forge a relationship with the childs father. Its a tough situation but not inconvievable for you to live there and be happy. TAKE ME!!!

I hope this answers your question.

DRE

paisita411

Female

Colombia

2007-07-07 15:36:00

...Totally confused...About to send I-129F Packet

Have you contacted anyone at the embassy in colombia to inquire about DCF???? There are phone numbers posted and if you call they will assist you. I'm fairly certain that in your case, working 2 years in Colombia, you are considered to be 'residing' in Colombia for 6 mos and can skip the K1 process. If anyone fits DCF requirements its you! I have some phone numbers and email addresses at the embassy. PM me and I'll give them to you.

Dre

paisita411

Female

Colombia

2008-06-30 23:52:00

Do you think there would be 100's of canadians applying for K1 & K3 visa's if it was as easy as you think it is.....

I think not...

Kezzie

There are many reason for many Canadians to apply for a K1 (if they actually intend to enter the remain in the US for a while while they await their employment authorization and LPR, for instance), none of which seem to apply to me. I do know that since I am here on a valid B2 status (I honestly had no intention of immigrating to the US when I last entered the country), I do quality for an AOS without any need for a K1. That's not the question, however

am1996

Not Telling

Canada

2006-08-03 15:21:00

That's the thing... they won't let you in as a B2... you have too much immigrant intent as the spouse of a USC who hasn't lived in Canada for about 6 months and has no ties back to Canada. Sorry.. but what you want just isn't possible. If you want the Carribean, fly to the USVI's or Puerto Rico. Those are the only two destinations you can go to.

Actually, I have plenty of ties to Canada -- my whole immediate family is in Canada, I have a Canadian driver's license, a Canadian license plate on my car (I never established residency in the US since I always fly in and out to visit my now fiance, so I am not required to register it here), a Canadian bank account, etc... If I could also show them a plane ticket back to Canada within 6 months from my entry date (I do actually intend to return to Canada and to celebrate my birthday there, which will be within 6 months from our intended wedding date), would that solidify my case that I had no immigrant intent?

am1996

Not Telling

Canada

2006-08-03 15:16:00

Thank you all so very much for all the thoughtful posts I have received here. Just to clarify, Canada is not a part of the european Visa Waiver Program. Instead, under NAFTA, Canadians who otherwise qualify for a B1 or B2 status are typically just "waived through" -- we do not receive the actual I94, have 6 months (instead of the usual 3 months under the Visa Waiver Program) to remain in the US under that status. Upon the expiration of the 6 months, we can either apply for an extension (which is a hassle, since we don't typically get I94's, which are required for an extension) or can just leave the US and can then immediately come back to get another B1/2 and another 6 months.

While all that in mind, while AOS would effectively nullify my existing B2, wouldn't I receive another one if I were to leave and then come back to visit my husband?

am1996

Not Telling

Canada

2006-08-03 15:10:00

As far as I can see the only problem here is the desire to travel after marriage. If you're already in the US on a valid visa, and marry a US citizen, you don't need to leave the country and get a new visa. You can file for AOS from your B2 visa.

Yep, that's my understanding as well.

Why don't you do the "destination marriage" first (I assume its not a legal marriage), return to the US on your B2 and then marry in the USA and file AOS?

We would very much like to officially get married in the US before the end of the year so we can subsequently file our tax returns as "married filing jointly." This way we would get a larger tax deduction on our '06 taxes.

You would need the AP to return to the country because as soon as you filed AOS your B2 would no longer be a valid visa.

I realize that. Wouldn't I get another B2 status upon my return from the Caribbean trip if I fully intended to return to Canada in a couple of months thereafter (I could probably even show them a ticket to Canada within the 6-month thereafter)?

am1996

Not Telling

Canada

2006-08-03 15:02:00

Thank you very much for your reply. I did review the K1 guide on this website but still have a few follow up questions. When I last entered the US I had no idea that we'd get engaged, so I am not at all concerned about the validity of my current B2. If we were to get married now and then file for an adjustment of status, would I be permitted to leave and re-enter the US to visit my husband while my adjustment of status application would be pending?

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband?

Edited by am1996, 03 August 2006 - 02:54 PM.

am1996

Not Telling

Canada

2006-08-03 14:52:00

Greetings,

I am a Canadian citizen and have been going in and out of the US for quite some time under the B2 status to visit my bf (a US citizen). We got engaged 2 months ago and are planning on officially registering the marriage in the US and then doing a destination wedding in the Caribbean at the end of the year. I am currently taking a year off school/work and will be entering a medical residency program in the US next year, so I don't need an immediate employment authorization.

Our concern is that once we get married in the US and leave for the Caribbean, I may not be allowed to re-enter the US under the B2 or any other status other than K1, obtaining which would require me to return to Canada and needlessly wait for the K1 approval. Another option is for us to get married in the US now and to apply for an adjustment of status, but I understand that it can take a while for me to get the conditional green card. While the adjustment of status application is pending, would I even be allowed to re-enter the US after our trip to the Caribbean or would I be required to go back to Canada?

I suppose the easiest way for us to go would be not to mention anything about being married in the US and getting married in the Caribbean to the border patrol, which would allow me to come back into the US with a B2 status and then file the adjustment of status paperwork. Are there any problems with this approach?

Is there another viable option that I am missing that would allow us to get married in the US, go to the Carribean and come back to the US without any problems? I sincerely apologize if this has been covered in this forum before but I searched and could not find anything on point.

am1996

Not Telling

Canada

2006-08-03 14:02:00

This is the reality of the issue, Carol was questioned quite vigourously, she in no means is perfect in english,along with the nevousness that comes with the intimidating attitude of the POE officers at entry! I could not imagine her starting to quote law to them,Its totally unrealistic! The POE officers carry GODLIKE POWERS when it comes to ENTRY if you start an ARGUEMENT with them its just going to make it worse! why dont people understand that.

Your post illustrates just one of the reasons that people are told to make up their own minds about the proper course of action for them. Should problems arise, confident, well informed, charismatic, articulate people who speak English fluently will generally be in a better position to explain their reasoning to the CBP without offending anybody or seeming confrontational. On the other hand, people who are easily intimidated by government officials, don't speak English well, tend to get loud, confrontational, offensive and obnoxious are much more likely to encounter significant problems at the border. Knowing that you are legally entitled to something is not the same as nicely explaining it to a government official who is questioning you and getting that official to side with you.

This forum is not in the position to assess each person's individual situation and personality and to tell people what to do. All we can do is provide objectively accurate and factual information and then have people make up their own minds about the best course of action for them.

am1996

Not Telling

Canada

2006-10-19 12:09:00

The commentary you've offered has been focused on how a non-legally binding religious ceremony would not compromise the legal restrictions that the K1 visa carries. I'd be interested in knowing if your impression would be any different, say, in the case of a couple that had applied for a K1, and resided overseas together for some time, in a country where common-law marriage or putative marriage arrangements exist?

Yes, my impressions would be quite different if a situation was as you describe it above. Is this just an intellectual question or a practical one? If it's the former, I'd prefer to discuss it over PM's so we do not end up confusing people here. If it's the latter, then we should probably start a new thread since the answer would be quite complex.

Just very briefly, the mere existence of the latter in people's home countries can dramatically change the analysis and the considerations that have been articulated in this thread. This is one of the reasons that I've been telling people that their specific situations are all different and that they should, therefore, independently check all the information in this thread and make their own independent decisions about the most appropriate course of action for them.

am1996

Not Telling

Canada

2006-10-19 11:53:00

In a perfect world everyone would do their job acording to the law and would follow procedure exactly.... but we do not live in a perfect world... everyone including CBP officers and USCIS staff have their own interpitation of the law and how they do their job.... we as the users of their services are very much subject to how they are feeling (bad day) how they see themselves within their jobs and all outside influences that make them who they are....

Us as immigrants are not in a position to tell them that we know the law and their interpitation is not correct... we turn up at the POE or USCIS meeting and hope to get out the otherside with as little hassle as we can... If they are having a bad day or they take a dislike to you there is very little we can do... this is especially true at POE because if this happens you can find yourself denied entry and on the first flight back from where you came.... you at that point are in no position to argue the law or the procedure...

You are absolutely correct about all of the above and this is the same point that I and many others have already made in this thread. No offense, but this is all pretty obvious and I think that we are all quite capable of realizing that in the event the CBP or the USCIS misinterprets or completely disregards the law, your options will be quite limited.

The question that's been posed, however, is what the law is and whether the OP's contemplated course of action would run afoul of it. Once people know what the law is and are also aware of the practical realities of the CBP and/or USCIS misunderstanding or disregarding it, then they are in the appropriate position to double check the accuracy of the information in this thread, evaluate their own risks and make their own independent decisions about the best course of action.

am1996

Not Telling

Canada

2006-10-19 11:42:00

am1996 I find your posts interesting and they do give an other insite to immigration.... my overall feeling about your arguments that you give is that they would be well paced in a court room.... but as most of us only ever have contact with CBP and USCIS staff who being human will look at things in there own way... and the chances are we will never have to argue these points in a court of law.... the legal arguments you give will not do most of us any good... we are in there hands... but if I ever need someone to come and argue legal points I will sure give you a call...

Kezzie, respectfully, my posts in this thread do not contain any arguments but are, instead, an explanation of the existing procedure and the law. This is no different from you answering people's question about notary requirements for affidavits of support or K1 holders' ability to obtain EAD's, etc... The CBP and the USCIS follow these procedures and the law and I am quoting their own handbooks. All you can do is follow the established procedures and hope that the officers that you deal with will do the same.

am1996

Not Telling

Canada

2006-10-19 10:34:00

However, if it is asked and you do not divulge it, then in my opinion a CBP officer could see that as a material misrepresentation... and right or wrong, since there's no judicial review of such a decision, it would stick with you...

Zyggy, such an interpretation by a CBP officer would be absolutely and undoubtedly incorrect and illegal. See 9 FAM 40.63 N6.3-5 (examples in (a)1 and 2). Once again, there is an enormous legal and practical difference between "misrepresentations" and "material misrepresentations" (I've already explained the differences between the two and posted FAM references to support it).

Just to restate, a "misrepresentation" is a statement or a filing that is contrary to the facts. The law is QUITE CLEAR in that an alien does not and cannot be subject to any adverse action simply because he/she has made a misrepresentation (hence, my "Bachelor" misrepresentation example above).

Adverse actions are and can only be taken with respect to "MATERIAL misrepresentations." A misrepresentation is only "material" if, in this context, the true facts would have made the alien excludable from this country or otherwise ineligible for the type of visa that he/she is relying upon to enter the country. A participation in a non legally binding ceremonial wedding does not make the alien ineligible for the K1 visa, which means that the alien's decision to withhold information about such wedding is NOT material. Once again, this is analogous to an alien misrepresenting the fact that he's previously watched the "Bachelor" -- the statute does NOT make the "Bachelor" watchers or the non-legally binding ceremony participants ineligible for K1 admission. Hence, any misrepresentations made in connection therewith are NOT material.

A practical reality is that it is always possible for the CBP or USCIS to be confused about a certain matter and for that confusion to cost you dearly. Just like some other posters have correctly pointed out, however, this confusion may or may not be rooted in reality. In other words, even if you have never engaged in any type of a non legally binding ceremony, it is always possible that you'll inadvertently refer to your fiance as your "wife," which will invite CBP's scrutiny. Consequently, regardless of the ceremony type you have or have not participated in, it is always prudent to be aware of the existing law and to answer all questions legally and in a way that minimizes any confusion.

This is due to the presumption in the INA that the alien must prove their eligibility to enter the US under the terms of the status that they wish to enter to the satisfaction of the CBP officer. If there is evidence that a wedding ceremony has taken place, non-legally binding or not, then the presumption in the eyes of the CBP officer will have changed from the point of view that the alien that is before them was legally free to marry to the alien is not legally free to marry. The burden of proof is now on the alien to overcome that presumption by presenting evidence that one is actually legally free to marry at that point in time... and if it comes up at the AOS interview with the USCIS, you would also have to present evidence that would prove that you were legally free to marry at the time that you were admitted to the US on the K1.

As mentioned previously.. it is easy to prove that one was married at a particular point in time through a marriage certificate... to prove that one was not married at a certain point in time and therefore, legally free to marry in the US at the time of admission to the US is near impossible at the POE and extremely difficult after the fact if it happens to come up at an AOS interview...

This is absolutely correct and I've made this point before as well. If the CBP somehow learns about the non binding ceremony and you are unable to prove that the ceremony was not legally binding, you will be denied entry NOT because you've committed a material misrepresentation (you haven't) but because you have failed to meet your burden of proof related to K1 entry eligibility. Hence, you should absolutely be prepared to prove that such a ceremony was not legally binding.

All I'm trying to do is to save people a lot of heartache and problems that they themselves could avoid...

What are peoples priorities.. is it to have the big wedding of your dreams before you enter the US with friends and family with the real risk that it could all blow up in your face ruslting in a lot of anxiety, pain and lots of money down the drain hiring exprensive attorneys to sort it all out, or is it to be together in the US and having a secure foundation to build their future together by having a relatively smooth immigration process...

You can still have the big wedding ceremony of your dreams with the K1, but if you want a smooth immigration process, all I'm saying is that it should be done after you have the legal ceremony in the US...

If it is your priority to have the big wedding in your home country before your friends and family and you want the smooth process, you should not do the K1 and go for the K3 or CR-1. But of course, we all know that it takes longer...

What are your priorities... niether I or anyone else can answer that for anyone else... All I and others are trying to do is show that some choices that may seem on paper very innocent could have severe consequences in practice and allow people to have the information required to make an informed decision...

So, I hope this thread has given people the tools they need to make their informed choice and set thier own priorities...

I wholeheartedly agree with this. As long as people have researched and understood the process and the legal and practical risks associated with their decisions, then it's all up to their particular risk assessment and risk tolerance.

am1996

Not Telling

Canada

2006-10-19 09:30:00

So basically...

If I were to get a ceremony, I should first investigate if a religious ceremony is legally binding in MY country of origin. Then make hard copies of that documentation and bring it with me to the POE, and ONLY in the case of being asked at POE, show this as proof that I am not legally married, so the CBP lets me enter the US.

right?

You are asking for a legal advice, which we are not in the position to give you and cannot and should not give you because there could be other issues involved in your particular situation. We can only tell you what we would do and explain why we would do it (or not do it). Instead of simply following another person's approach, please be sure to independently examine the rationale behind it, confirm its accuracy and then make your own decision.

Edited by am1996, 18 October 2006 - 02:38 PM.

am1996

Not Telling

Canada

2006-10-18 14:36:00

I agree with the reference to the Bachelor... the fact of one watching "The Bachelor" would make no difference in the mind of a CBP officer on the admissibiility of an alien.. therefore not divilging a this fact which would not be material in the officer's determination would not constitute a "material misrepresentation" and therefore would not be subject to a ban..

However, it is my opinion, that not revealing the presence of a wedding ceremony, legally binding or not, would make a difference in the CBP officer making a determination on the admissibility of the alien. Therefore, not revealing this fact would be a "material misrepresentation".

The relevant question is not whether a certain answer would make a difference in the mind of a particular CBP officer. The relevant question is whether the answer makes a LEGAL difference -- both the "Bachelor" and a non-legally binding ceremony do NOT give rise to K-1 ineligibility (such ineligibility is specifically defined in the K-1 statute which, for the purposes of this discussion, only makes "legally married" aliens ineligible for admission). As long as the alien otherwise meets all other K-1 eligibility criteria, he/she is REQUIRED to be admitted.

There are several countries where a wedding ceremony is in fact legally binding, no matter if it was registered with the government or not... the CBP is not responsible for knowing the laws regarding a legal marriage acts of the hundreds of countries all over the world.... if there is a fact available that could impact an officer's decision in the determination of the admissibility of an alien and that fact is not given.. then it is a "material misrepresentation".

Once again, that's not the law. If the marriage ceremony is not in fact legally binding in the country in question, then the alien's decision not to disclose such ceremony cannot possibly constitute a "material misrepresentation" because it cannot, as a legal matter, make that person ineligible for admission. The law on this is well settled, is crystal clear and does not allow for varying interpretations. Please take a look at the FAM citations I provided above.

Now, if the CBP for some reason finds out about the ceremony (once again, the alien's decision not to disclose this information cannot be deemed a "material representation" thereof), they can and should question the alien about it. The burden of proof would then be on the alien to establish by, I believe, clear and convincing evidence that the ceremony was not, in fact, legally binding. If the alien has no documentation to support that fact then the CBP is within its legal right not to admit the alien because he/she has failed to meet its burden of proof. Once again, this situation would only arise if the CBP somehow finds out about the ceremony and the alien then fails to establish the non-binding nature thereof.

Edited by am1996, 18 October 2006 - 02:18 PM.

am1996

Not Telling

Canada

2006-10-18 14:15:00

My position stands....

Zyggy, to explain all this without any legal jargon, if I am entering the country as a K-1 in full compliance with all its requirements and a CBP officer asks me if I've ever committed the ultimate sin of watching the "Bachelor," as a matter of law my answer to that question makes no difference. If I lie about having watched it, it may be a "misrepresentatin" but is certainly not a "material misrepresentation" since I otherwise meet all the K-1 eligibility criteria. The officer is, therefore, REQUIRED to admit me.

If I tell the truth and admit that I've seen the Bachelor, then, no matter how the particular officer feels about this issue, he is still REQUIRED to admit me because I am otherwise in full compliance with the K-1 statute.

If an officer either does not know the law or decides to disregard it, however, as a practical matter he can still deny me entry, even though the law is completely on my side.

Now, if instead of the "Bachelor" you substitute the words "religious, non-legally binding ceremony" you will see what I am saying

am1996

Not Telling

Canada

2006-10-18 13:43:00

It is my opinion that the above does have an effect if one wilfully witholds the fact that one had a "non-legal marriage ceremony". Even if it may have been non-legal, the CBP doesn't know that.. and they don't know the laws that could make that happen.. in fact, what one may have considered a "non-legal" ceremony may have in fact been legal and binding...

You're talking out of both sides of your mouth... on one side your telling me that not divulging the fact of a marriage ceremony is not a misrepresentation and on the other side you're stating that the knowledge of the event is reasonable grounds to deny entry...

No, it is certainly NOT reasonable grounds to deny entry. What I am saying is that if CBP does somehow find out about the religious ceremony, even though the law is completely on the alien's side, as a practical matter the particular CBP officer in question could end up denying entry.

Now, this is the usual concern when dealing with government agencies and law enforcement -- it's always possible to run into an overzealous and undertrained officer who, inspite of the law being on your side, will improperly and illegally flex his muscle.

The law is QUITE CLEAR on this, however -- if the religious marriage was not, in fact, a binding legal marriage, then the alien's decision not to mention the fact of such marriage to the CBP or USCIS does NOT consitute a "material misrepresentation" and is not grounds to deny entry. For further support of this, please see 9 FAM 40.63 N6.3-5 (see examples in (a)1 and 2). The fact of a non-binding, non-religious marriage does not and cannot establish a basis for finding of ineligibility and, therefore, an alien's failure to mention it does not and cannot consitute "material misrepresentation" within the meaning of the applicable statutes.

Edited by am1996, 18 October 2006 - 01:32 PM.

am1996

Not Telling

Canada

2006-10-18 13:31:00

Just to explain it a bit further, a "misrepresentation" is an assertion or manifestation not in accordance with the facts. 9 FAM 40.63 N4.1. As for the "materiality" element, in this context a misrepresentation is only material if either (1) the alien is excludable on the true facts; or (2) the misrepresentation tends to shut off a line of inquiry which is relevant to the alien's eligibility and which might well have resulted in a proper determination that he be excluded." Matter of S- and B-C, 9 I&N 436, 9 FAM 40.63 N6.1.

Since, for the purposes of this discussion, a K-1 admission criteria only requires the alien not to be legally married, any way you slice it withholding information about a non-legally binding religious ceremony cannot possibly be construed a "material misrepresentation" that would trigger a ban.

This information notwithstanding, practical concerns about CBP's behavior if it is given sufficient grounds to suspect that you are married still apply.

am1996

Not Telling

Canada

2006-10-18 13:10:00

Just to let you know Ana.. witholding information that may have led a CBP officer to a different conclusion regarding your eligibility for admittance into the US is also a material misrepresentation and carries with it a permanent ban...

i.e. if the officer knew about the other marriage ceremony.. they may not have let you in.. willfully witholding information regarding the prior wedding ceremoiny could be considered a material misrepresentation...

Zyggy, we have discussed this issue before. It is quite axiomatic that you are not required to volunteer information that would have no legal bearing on CBP's decision to admit you.

As such, for purposes of this discussion, CBP is only required to know whether you are legally married, since that is the only admission criterion in question. If the petitioner is not legally married, he/she is certainly not required to volunteer any information about the religious ceremony and it is not a "material misrepresentation" within the meaning of the applicable statutes.

Now, as a practical matter, I certainly agree with all the posters who urge caution. If your actions (wedding rings, referring to each other as "wife" or "husband," matching last names, etc...) or behavior at the POE raise concerns that you might in fact be married, you could encounter significant problems entering the country, even if you are legally entitled to do so.

Edited by am1996, 18 October 2006 - 01:00 PM.

am1996

Not Telling

Canada

2006-10-18 12:59:00

Hello and best wishes to you all, from a Noob..

Hi to everyone and firstly may I extend best wishes to you all on your journeys..

Well, yesterday we sent in the I-129F, so I guess, Here we go!!!!!!!!!!!
Ive been reading the forum for a while. and its been a lifesaver, or at least a mental-health saver,
though we've got a way to go yet, so well...who knows

All the best to you all x

chloe

Female

England

2006-08-12 03:05:00

*takes ticket and stands in line*

Good luck! I truly hope you don't get that RFE...

Good luck to you and yours!!!
We had to use a money order too, so was unable to track,
hope you get a speedy response

x

chloe

Female

England

2006-08-26 02:36:00

NOA1, the waiting begins......Texas - London

Best of luck on your journey!

Cheers everyone!!
thanks for the help with the signature thingy, last night in celebration of our NOA1, I ended up consuming
a little bit too much vino, so it was surprising I could actually turn on a light switch, let alone work out
signatures...lol, so thanks for that.

heres to speedy approvals to everyone, I would raise a glass, but I think Id barf..

to m olask, its great to hear from other couples with similar timeframes and embassies,
good luck to you and your other half, NOA2 here we come!!!!!

x

Edited by chloe, 26 August 2006 - 02:27 AM.

chloe

Female

England

2006-08-26 02:26:00

NOA1, the waiting begins......Texas - London

Good luck!

Thanks!!!
How do I update my timeline and add it to my signature?
Im completely computer illiterate, and have looked but to no avail...
x chloe

chloe

Female

England

2006-08-25 18:19:00

NOA1, the waiting begins......Texas - London

Well, here we go....
Finally got our NOA1 today...YAY!!!!
we are on the road, hopefully to a quick approval, but hey.... how long is a piece of string?

well, all the best to absolutely everyone..
heres to UCSIS, maybe positive thought will speed things up????
erm, its worth a try..

x
chloe

chloe

Female

England

2006-08-25 18:10:00

Bit worried... any help?

Yep... Quite normal. I-129F's sent to Texas and Nebraska are then sent on to the California Service Center... From there it is impossible to say how long or short your processing time will be.

Good luck on your journey! And be patient, at least you are on your way!

good luck from another Texas / London couple...

the reason I think, our NOA1 has turned up already is that we sent it straight to CSC rather than Texas.
We originally got our petition together back in May, completed the old form and sent it off July 14th.

I had then joined this forum and saw all about the IMBRA stuff, the new form etc,
which was news to me.
We had submitted an old form, but I presumed they would just send a RFE......

well, they didnt, on 6 ish of Aug, they posted all of our stuff back, including the check and a note
to fill our the new form and send it all back in...sigh

so we did just that sccording to our timeline, send the whole lot back, but to CSC rather than TSC.
We phoned to check before hand that this was OK..

Hopefully you'll get yours real soon, all the best...
Let the waiting begin.....

chloe

Female

England

2006-08-31 13:09:00

Bankruptcy

Could you not file bankruptcy before going, perhaps,
Im in a similar situation , total to date £30,000,

do you think they'll find us????...lol
The US is a big place...

ok, I know... morally wrong,
Id seek advice from National Debt Line, in the UK, they can send you
a big advice pack on Bankruptcy free of charge.

Personally, Im not trying not to think about it at the moment, it brings on
a migraine...

Good Luck x

chloe

Female

England

2006-10-08 11:38:00

Approved!!!!!! Aug Noa1..

Am so happy, and rather shocked that we didnt get an RFE...
Got an email last night that we were approved 17th October, WOOHOO!!!!!!!!!!!!!!!!!!!!!!!!!

Just to add our personal experience of filing the I 129f, heres what we sent.
As we filed, before I started looking at this board, I was expecting a RFE.
I was unaware that I (the beneficiary) was required to send a Letter of Intent.
Our package consisted of ( as evidence )

- Itemized telephone bills
- E ticket confirmation of flights this year
- Statements from 2 friends from each of us
- a statement from me Mum !!and my fiances employer
- a letter of intent from my fiance (usc)
- photos -
- print outs of emails sent

and the relevant forms.

my best wishes go to all those waiting...
c'mon CSC!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

chloe

Female

England

2006-10-18 01:19:00

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Congratulations!!!!

chloe

Female

England

2006-10-18 10:39:00

Approval is official

YAY!!!!

chloe

Female

England

2006-10-18 10:37:00

Approved Email!!!!

Congratulations!!!

chloe

Female

England

2006-10-18 10:38:00

when did you get your first touch?!

again, we had no touches whatsoever,
I was checking every day, but nothing until the Noa2.
All the best on your journey x

chloe

Female

England

2006-10-28 06:44:00

package resent...

All the best and good luck!!!

chloe

Female

England

2006-11-01 11:19:00

our money order was cashed!!

Congrats!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Can I hear a football cheer of
'ere we go, ere we go, ere we go!!!!!'

All the best, Im so sorry for your loss.
Let this be a speedy one for you..

xchloe

chloe

Female

England

2006-11-12 17:17:00