ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresPOE question.
Update: It is. Apparently no one from VJ has ever filed a review on it, that's all.

http://www.dhs.gov/d...torial_0679.xml
paxFemaleUnited Kingdom2006-04-12 09:16:00
K-1 Fiance(e) Visa Process & ProceduresPOE question.
Certainly San Juan must be POE equipped. I can't imagine that it wouldn't be. It's a fairly popular tourist destination.
paxFemaleUnited Kingdom2006-04-12 09:14:00
K-1 Fiance(e) Visa Process & Proceduresusing the system
Jenn is right. I do know that couples who aren't married or don't have immediate plans to get married don't have a whole lot of options, especially if the non-USC party has no grounds for going for a student or working visa.

Sriniv and others here have suggested in the past the possibility of going for one of those visas, and the plan is a winner if the visa can be had because some of those visas are dual-intent, meaning your sweetie could fulfill the terms of the visa as well as marry you and adjust status, all in one fell swoop. But we're assuming there that your girlfriend speaks at least some English and could have grounds to get a work or student visa. Let's assume that's not the case, because if it is, you'd be better off swinging by a forum that deals with work- or student-related visas much more thoroughly than VJ does.

So if your sweetie would like to come here and stands little chance of a student or work visa, then you can do a few things. She could apply for a B-2 visa, which may or may not be a hard sell to a consular officer. It'll be easier for her to get it if she can prove intent to return to her home country, but even then, it's not a sure thing. I would start there because it'll be the easiest and cheapest process for you, if she can get that visa. But be prepared for a decent-sized possibility that she won't. Also keep in mind that she can't work on a B-2 and she can only stay for six months.

If that fails, you could pursue getting, say, Canadian visas and living in Canada together for a while. Skilled-worker visas to Canada aren't all that tough to come by; many college grads with sufficient English and/or French language skills qualify for them. I have no idea how easy or hard it would be for your sweetie to get a Canadian tourist visa, but she could give that a shot if that's something you want to pursue.

Finally, you might be looking at heading to her country for a while. A lot of people on VJ have done just that.

I can't advise you strongly enough to not pursue any idea of either faking a wedding or using a K-1 visa for a purpose other than marriage and subsequent settlement. You're setting yourself for major legal troubles, right up through deportation and a lifetime ban, for your sweetie if you go through something like that. Don't do it. Catch your breath, examine your options, and ask yourself how much you're both willing to do to be together.

Good luck. :)

Edited by pax, 11 April 2006 - 11:00 AM.

paxFemaleUnited Kingdom2006-04-11 10:59:00
K-1 Fiance(e) Visa Process & ProceduresAny opinions on what we should do?

...or accept the fact you must wait appart and file for the K3 after your wedding.


That's what I'd do, too, since it seems like your wedding is already a done deal. Getting a K-1 by July just isn't going to happen. It takes a lot of work to get that visa, and trying to put the finishing touches on a wedding AND do all the visa paperwork? Nooooo.

I would do as much as you can with a K-3 or a CR-1 for now, have your wedding, and then file all the paperwork for a K-3 or a CR-1 immediately after the wedding. If your husband is Canadian and has a good track record with his visits here (i.e. he's never worn out his welcome with overstaying or coming too often), he should be able to continue to visit you while the visa paperwork processes.

Good luck! :)
paxFemaleUnited Kingdom2006-04-18 11:00:00
K-1 Fiance(e) Visa Process & ProceduresDS 230, question 9
Nope, you're right on--she'll answer with "1" if she has one previous marriage and is currently unmarried.
paxFemaleUnited Kingdom2006-04-19 10:29:00
K-1 Fiance(e) Visa Process & ProceduresDamn damn damn
Gosh, no--I ordered a transcript once and they turned it around in about a week.

Granted, that was in July, but...
paxFemaleUnited Kingdom2006-04-21 08:42:00
K-1 Fiance(e) Visa Process & ProceduresCan Perm resident file K1 for foreign fiance

Gosh too bad, her wait has to be longer than. I really appreciate you guys help (F)


No chance of your friend applying for citizenship? The natz process is faster than a lot of people think--12/18 months at the outside.
paxFemaleUnited Kingdom2006-04-27 12:16:00
K-1 Fiance(e) Visa Process & ProceduresCan Perm resident file K1 for foreign fiance
Sorry, I should have been more specific--yes, your friend needs to be a USC first.

LPRs can, indeed, file for spouses, but the wait is SO long--you're much better off doing the naturalization and then doing a K-1.
paxFemaleUnited Kingdom2006-04-27 10:44:00
K-1 Fiance(e) Visa Process & ProceduresCan Perm resident file K1 for foreign fiance
Yes.
paxFemaleUnited Kingdom2006-04-27 10:22:00
K-1 Fiance(e) Visa Process & ProceduresLatvian Rules
I'm assuming your sweetie is in the UK on some kind of visa, in which case, yes, she can interview in London.

I can't speak to how "easy" or "hard" the London consulate might be on a non-British national living there.
paxFemaleUnited Kingdom2006-02-17 14:29:00
K-1 Fiance(e) Visa Process & ProceduresProblems
Yep, I'd get that ceremony performed by whoever is available as soon as possible--maybe a hospital chaplain?

Best wishes for a speedy recovery from one Pennsylvanian to another!

Edited by pax, 27 April 2006 - 12:35 PM.

paxFemaleUnited Kingdom2006-04-27 12:32:00
K-1 Fiance(e) Visa Process & ProceduresChange of Address
I think you did the right thing. I (USC) had to move unexpectedly after my British fiance sent back packet 3, and I simply e-mailed the Consulate with my change of address once it became effective. They replied and assured me that they had updated their records. I thought this might be important even though nothing had to come to me in the mail at that point—don't forget that your sweetie will need to fill in your address on the I-94, and who knows if they check that against the files or what.

Moving during AOS, that's a trickier animal... ;) I may be facing a similar situation, and I have some links you might find helpful—PM me if you like.
paxFemaleUnited Kingdom2006-05-04 10:09:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Extension
That 2-year thing on the Advanced Parole is definitely not right.

There's no stated maximum on how long you can be out of the country on AP, but I don't think the typical AP document is even valid for two years, anyway. And even actual LPRs have to obtain re-entry permits for absences from the States longer than just ONE year. So that ain't right.

I would do as John suggested and simply ask for your interview to be pushed back, with a straightforward explanation of the circumstances.
paxFemaleUnited Kingdom2006-05-04 12:28:00
K-1 Fiance(e) Visa Process & ProceduresPort of Entry
Yes, that's true—sometimes non-citizens can use the citizens'/residents' line.

If you're unsure, though, use the non-citizens' line.
paxFemaleUnited Kingdom2006-05-05 12:21:00
K-1 Fiance(e) Visa Process & ProceduresPort of Entry
You may accompany your fiance through the non-citizens' line, but she can't go through the citizens'/residents' line with you.
paxFemaleUnited Kingdom2006-05-05 08:37:00
K-1 Fiance(e) Visa Process & ProceduresK-1 Fiance Visa
They won't require a copy of the petition for the interview; they'll have your actual petition at the interview. It's forwarded to London from the National Visa Center here in the States. However, it's a good thing to have for your own records.

The one piece of paper from this stage that you WILL want to keep quite safe, as you'll need it later, is the NOA-2 (approval notice) for your I-129F petition. You'll need that when you get married and you file for AOS stateside.

But yes, do make copies from here on in. You never know. ;)
paxFemaleUnited Kingdom2006-05-05 12:47:00
K-1 Fiance(e) Visa Process & ProceduresMarriage while on a B-2 Visa?

Hi,

I intended to apply for a K-1 Visa for my fiancee, but she wants to apply for a B-2 visa also. Is it possible to apply for both visas?


Well, theoretically yes, but good luck getting a B-2 once there's an I-129F in the system.

Is it possible to get married while she is in the USA on a B-2 visa, then adjust status?

Thanks


Not if what you're suggesting is having a wedding plan in place before the non-USC enters the States.
paxFemaleUnited Kingdom2006-05-05 14:04:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?
Aye, I'm not sure you could take it any other way.

I've been advised by a well referred attorney not to apply for a K-1 Visa instead cross the US border as if I am visiting, marry while in the US, apply for change of status, (I-130 etc.)...


Which leads me to believe that the OP is in Canada, not in the States.
paxFemaleUnited Kingdom2006-05-05 14:20:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?

$195


This sounds like urban legend to me. If someone was found to have lied to CBP officers, that's quite a serious offense.

To the OP: JEDI informed you that it is VJ policy to not condone or instruct persons how to commit immigration fraud. What you are talking about is exactly that. Unless you're interested in doing things legally, take your case elsewhere.

Edited by pax, 05 May 2006 - 12:20 PM.

paxFemaleUnited Kingdom2006-05-05 12:19:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?

I had a long consultation with him and he stated that people get married on the spur of the moment all the time, like folks who get married in vegas. That there is no proof i intended to marry when i "crossed to visit". He advised to play it off as if i didn't know in the moment but to actually get married while there (change of plans type of thing). Note: it will be an informal ceremony not a huge wedding. I'm really concerned on what to do :unsure: . K.



What part of "illegal and fraudulent" do you and your attorney not understand?

I don't mean to be rude, but this one is pretty clear-cut. If you are planning and intending to enter the United States to marry and settle here, you need a K-1 visa. Period. End of story.
paxFemaleUnited Kingdom2006-05-05 10:38:00
K-1 Fiance(e) Visa Process & ProceduresCanadian marrying a US Citizen - K1?
*sigh* Gotta love these attorneys.

Crossing the border as a tourist with the intent to marry and settle down is illegal and fraudulent. So is lying to CBP officials if they ask what the purpose of your visit is and you don't tell them you're planning to marry and settle.

If you already know you're planning to get married, you need to apply for the K-1. Folks whose adjustments from tourist status (Canadian, VWP, or B-2) have been successful were successful because their decisions to marry were on the spur of the moment after they entered with bona fide tourist intent. You need a K-1.
paxFemaleUnited Kingdom2006-05-05 10:23:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Returned
Ah, Yodrak is reading more carefully than I am today. ;)
paxFemaleUnited Kingdom2006-05-04 12:59:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Returned
Since when are personal checks not accepted?
paxFemaleUnited Kingdom2006-05-04 10:55:00
K-1 Fiance(e) Visa Process & ProceduresSubmission of I-129F from abroad
A question you'll have to answer whether you do a K-1 or a DCF is whether or not your American fiancee is still domiciled in the States.
paxFemaleUnited Kingdom2006-05-08 08:02:00
K-1 Fiance(e) Visa Process & ProceduresFuzzness & KarenCee
Best of everything to both of you! :)
paxFemaleUnited Kingdom2006-05-04 09:21:00
K-1 Fiance(e) Visa Process & ProceduresK1 Question Time
I think you have everything covered. I wouldn't worry about it. And welcome. :)
paxFemaleUnited Kingdom2006-05-12 10:48:00
K-1 Fiance(e) Visa Process & ProceduresLawyer's response to K-1 questions

It isnt illegal to enter the US with intent to marry on a VWP........I was asked business or pleasure....I answered pleasure. Did I adjust status no.....but I very well could have. I knew nothing of any of this prior to VJ. Call me nieve but there is plenty that find themselves in same position. I answered truthfully the question that was asked of me.


But it IS illegal to enter with the intent to marry, stay, and adjust. The OP's lawyer has given ####### advice.

#######, hell, ILLEGAL.
paxFemaleUnited Kingdom2006-05-19 12:13:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance is a pemanent lawful resident in usa,what to do?
You can try for a B-2 visa, although that's not super-likely if you're from a VWP country and you've been politely informed that you cannot use the VWP anymore.

Any chance of you both meeting in, say, Canada until he can become naturalized? How long until he's eligible for natz?
paxFemaleUnited Kingdom2006-05-24 07:38:00
K-1 Fiance(e) Visa Process & ProceduresWhat if we do this?
Amen. Besides, if they look at it at all, they'd probably just send it back and say they do their own checks and they'll take however long they damn well please.

No offense, but have y'all learned nothing about dealing with USCIS?
paxFemaleUnited Kingdom2006-05-26 12:03:00
K-1 Fiance(e) Visa Process & ProceduresPLEASE HELP: Tourist visa rather than K1 visa
Why has no one pointed out to the OP the near-impossibility of a young, single Mexican man with an American fiancee being granted a B visa?

Edited by pax, 30 May 2006 - 08:04 AM.

paxFemaleUnited Kingdom2006-05-30 08:04:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA restraining order denied
The links I posted, and many more that popped up with a simple Google, all agreed that foreign brides are at a higher risk of abuse than American women who marry American men. While I'm sure that the vast majority of men on VJ are lovely, gentle, well-intentioned people, the horror stories do happen, and apparently with enough frequency that a law needed to be passed.

To entertain your position for a moment, imagine that an American woman decides to marry an American man she met online. Further imagine that, say, the man lives in Alaska and the woman lives in Florida, for an extreme geographical and cultural distance. She moves to Alaska with this man and shortly thereafter she finds herself abused.

She most likely has friends and family with whom she can communicate for free or quite cheaply. She can communicate her problem in clear English to health care or law enforcement workers without fear of losing legal status. Most importantly, she could flee to Canada (if she lived in Alaska, to get back to the States) on a moment's notice or to, say, Washington State on nothing but a driver's license and a birth certificate, or a passport if she has one. A foreign bride likely has none of these avenues available to her.

Edited by pax, 30 May 2006 - 12:03 PM.

paxFemaleUnited Kingdom2006-05-30 12:02:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA restraining order denied

Female conditional residents are at risk for abuse due not only to their status as women in a culture in which violence against women is relatively common,(6) but also to their position as immigrants who marry citizens or legal permanent residents (LPR' s).(7) Studies vary widely in estimating the percentage (between 12-50%) of all married women who experience some form of domestic battery in their lives.(8) Whatever the rate in the general population, the percentage for immigrant women is probably higher.(9) Linguistic and cultural differences between spouses may hamper communication, tolerance, and understanding.(10) The immigrant wife may be economically(11) and psychologically(12) dependent upon her spouse, limiting her alternatives to the relationship and placing her at increased risk for domestic violence.(13) Stresses associated with migration itself, discrimination against racial minorities in this country, poverty, unemployment, and crowded living conditions heighten the chance that a husband will become abusive.(14) Forty-eight percent of Latinas in a Coalition for Immigrant Rights and Services study reported that domestic violence against them had increased since they immigrated to the United States.(15) Therefore, conditional resident status affects the lives of women who already face an enhanced risk of domestic violence from their partners.


http://www.nostatusq...brides/pg1.html (reprinted from the Yale Law Journal)

Today, an American seeking to marry someone through an international marriage broker holds all of the cards. The American client has the benefit of a complete background check on his future wife, which is a requirement of the immigration process. In addition, the brokers provide clients extensive information about the women they offer, everything from their favorite movies and hobbies to whether they are sexually promiscuous.

Conversely, the foreign fiancée only gets whatever information her future spouse wants to share. These women have no way of confirming what they are told about previous marriages or relationships -- or the American client's criminal history.

Most of the foreign brides advertised by the international marriage brokers come from countries where women are oppressed, have few educational or professional opportunities, and where violence against women is condoned, if not encouraged. Because of the cultural differences, researchers say there is an inherent imbalance of power in these relationships between American men and foreign women.

Because these women often immigrate alone, they have no family or other support network and rely on their husbands for everything. Such dependency can make it difficult for a wife to report abuse without worrying that doing so is a surefire ticket to deportation. Researchers agree that isolation and dependency put these women at greater risk of domestic abuse.


http://cantwell.sena....cfm?id=242451 (Maria Cantwell's Senate testimony)

According to "The Health Care Response to Domestic Violence" (anon. 1994), "Within the last year 7 percent of American women (3.9 million) who are married or are living with someone as a couple were physically abused, and 37 percent (20.7 million) were verbally or emotionally abused by their spouse or partner."

While no national figures exist on abuse of alien wives, there is every reason to believe that the incidence is higher in this population than for the nation as a whole. Authorities agree that abuse in these marriages can be expected based on the men's desire for a submissive wife and the women's desire for a better life. At some point, after the alien bride has had time to adjust to the new environment, to make new friends, and to become comfortable with the language, her new independence and his domination are bound to conflict. The problem, according to Mila Glodava (Glodava and Onizuka, 1994) and Uma Narayan (Narayan, 1995), is largely due to the men's unrealistic expectations. While many state a desire for a submissive wife, they find that such dependence becomes a burden. To provide some relief, the husband seeks ways (friends, activities) that will get the wife "out of the house" on occasion. The resulting independence then angers the husband who manifests the anger on the wife, who may have only been guilty of trying to please her husband.


http://www.uscis.gov...ies/Mobappa.htm (USCIS's own study on the subject)
paxFemaleUnited Kingdom2006-05-30 11:40:00
K-1 Fiance(e) Visa Process & ProceduresIMBRA restraining order denied

Because this speech takes place between a client who is paying money to a broker who is in the business of disseminating information for the client, the Court perceives this also as a form of commercial speech. The statute compels provision of information regarding a product, the domestic client, being offered to a potential foreign spouse, not unlike product labeling laws that compel and regulate speech in other markets.


Plaintiffs? Equal Protection claim asserts discrimination on the basis of non-suspect classifications. Therefore, there need only be a rational basis for the distinction excluding non-profit religious and traditional cultural marriage brokers and domestic dating services. The government asserts that men who pay for access to a foreign bride harbor a heightened sense of ownership that leads to potentially higher rates of abuse. While Plaintiffs have put forward some statistical evidence that tends to debunk this theory, it is not sufficient to support a conclusion that Plaintiffs are likely to prevail on the merits of their claim.


Bingo.

Edited by pax, 30 May 2006 - 11:06 AM.

paxFemaleUnited Kingdom2006-05-30 11:05:00
K-1 Fiance(e) Visa Process & ProceduresI'm nervous

Wow! I didn't know those. A third party can just come in and say "don't let them be together?" this is awful!


I sincerely doubt it's quite that simple. A third party would have to present probable cause that fraud, abuse, or the like was going on, and an investigation would have to result.
paxFemaleUnited Kingdom2006-06-01 09:38:00
K-1 Fiance(e) Visa Process & ProceduresI'm nervous

I haven't found anything that either my ex-husband or my mother can legally do to stop me from taking my daughter out of the country or from marrying someone from another country...


I'm no expert on the matter (read: not a lawyer), but I have witnessed nasty divorce and custody battles that have centered around somewhat similar issues. Your ex might not be able to prevent a visit to Morocco for your daughter, but if you and your husband-to-be were ever to decide to return to Morocco together with your daughter, he might indeed be able to stop you from taking his daughter to Morocco. It depends on a lot of factors.

As well, although I'm sure your fiance is a lovely man, if your ex ever felt that he was a danger to your daughter, he could indeed petition for sole custody. I'm not saying that these things would or should happen. But an ex who is a parent of a child has entirely different rights from exes who did not parent children.

I think your lawyer is barking up the wrong tree, and if your ex has shown himself to be the jealous type, you should find and retain a more competent family lawyer. Just my 2 cents.
paxFemaleUnited Kingdom2006-06-01 08:47:00
K-1 Fiance(e) Visa Process & ProceduresForm DS-0158 Expired! New form ?
What visa are you applying for?
paxFemaleUnited Kingdom2006-06-05 13:40:00
K-1 Fiance(e) Visa Process & ProceduresCan you marry abroad during the K-1 Process?

After we have the Packet 3 from the embassy, would it be ok? (if we have that in time for july). The reason we want to get married is so that her parents can be a little more at ease with the whole situation. Obviously, starting over and trying for the marriage visa is out of the question.


thanks!
Brandon


Well, if you get married, then the K-1 is indeed out of the question. So you need to figure out a way to smooth the parents' feathers other than getting married before the K-1, or else marry to suck up to the parents and then start over with a K-3 and/or CR-1.
paxFemaleUnited Kingdom2006-06-06 15:05:00
K-1 Fiance(e) Visa Process & Procedureswe cancelled


hmmm Well if i was in charge and saw someone who just cancelled their k1 petition trying to get in the states with a tourist visa i'd probably deny their entrance. Sounds suspicious. Just my opinion.



This is exactly what my fiance said... but I dont understand this we petitioned to cancel over 6 months ago it just didnt happen until recently!!! We changed our minds I go over there all the time just work wont allow it right now. ok well thank you for your replies we are just going to have wait I guess!


I'm going to have to disagree here. Your French sweetie did not overstay a visa or abuse the VWP. If he has very compelling evidence of a return to France, like long-term employment based solidly in France, I would think that would set him up very well to gain entrance on the VWP.

I can't promise he'll be completely fine, nor can I promise that he'll be admitted with or without hassle. But if your sweetie's English is good and he can explain the situation to CBP with some hard evidence, I think that he could make a case for VWP entry pretty well.
paxFemaleUnited Kingdom2006-06-07 12:45:00
K-1 Fiance(e) Visa Process & Procedureswe cancelled
Just one thing to add: I believe, for a K-1, that if the same petitioner petitions for the same beneficiary, the 2-year waiting period does not apply. It makes no sense that a couple would be punished simply for exploring and taking advantage of different life circumstances.

As well, I can't imagine that marrying and AOS-ing on a second K-1 rather than the first would make any difference either. Someone might have something to add on that, but as long as everything is on the up-and-up, it's not illegal or (IMO) problematic to do it that way.

Best of luck to the OP on this new chapter!
paxFemaleUnited Kingdom2006-06-07 12:02:00
K-1 Fiance(e) Visa Process & ProceduresK1 W/ BENEFICIARY FROM MEXICO
Ciudad Juarez is where your boyfriend will be going for his interview.
paxFemaleUnited Kingdom2006-06-07 14:13:00