ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresG-325A for fiancee - Complicated life history

My thought would be the way you have done here. What Passport does she have.


BoilerMaleWales2014-10-08 15:46:00
K-1 Fiance(e) Visa Process & ProceduresSponsorship and Fraud? Definitions.

There seems plenty of warning signs from the very beginning but not sure there is any mention of evidence.

 

Pull the I 864 and the one thing you have not mentioned is appoint a Divorce Lawyer.


BoilerMaleWales2014-10-08 20:06:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

I am sure many people in non VWP do the same. regardless, if the CO had an inkling that would be the intention of the person entering the country they would be denied. Not seeing how you justify this.

 

True

 

I do not justify it, or anything else. It is a legal option.


BoilerMaleWales2014-10-09 13:05:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

I am in the same situation. I filed my K1 visa on Sept 6 and found out she was 3 weeks pregant a week after. My gf does not have a tourist visa, so the "options" you have are not on the table. To be honest with you, I think your case is simpler than you are making it out to be. You should file for the K1 visa while she is in the States. If you can't afford to pay for her out-of-pocket costs (which, unless you make more than $60,000+ a year is doubtful), she is best going back to her home country as soon as possible to receive prenatal treatment. It would be best for the baby and her ultimately. If you can manage to afford some of the initial costs, you are better off having her change her flight to December while the K1 visa is in process. Someone can correct me if I am wrong, but it is okay to be in the US while the NO1 is processing. She can spend the majority of the pregnancy with you and maybe wait the remaining two months in her home country. It is possible she could receive the visa before May, so don't give up all hope. The other situations people are giving you are possible, but are risky in a sense. An AOS interview would be full of scrutiny due to your situation compared to a K1 visa. There are no guarantees that they will approve in her favor.

 

If there is anything that would complicate an adjustment it has not been mentioned and would also complicate a K1.


BoilerMaleWales2014-10-09 12:43:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

It may not be illegal in the sense it exists in a grey area of technicality. But let us say a scenario can arise where the VWP/Spouse/adjusted goes for the adjustment interview and is questioned regarding the process used to get married. The couple can certainly be honest and state that they did not intend to get married when she arrived, but that circumstances caused them to. Okay, fair point. The officer could and maybe in some cases would be sympathetic. But the officer in reviewing this might be compassionate, but there may also be a risk that they will not be compassionate and remove her because of the mere suspicion that the couple misrepresented upon entry. This would further complicate further courses of actions the couple would have to take.

 

Even then, just because she might marry him, she will still exist in a state of overstay will she not, while waiting for the adjustment process? It will not afford her access to healthcare legally either until she would be granted legality in staying -- so that will not assist in pre-natal care.

 

I think it's noble to consider and advise all workable options yes, but there are risks to this particular one that the OP should consider. It might work out fine. It may also work out badly.

 

I can count the numerous times I have been warned, and my fiancé has been warned by an IO at a POE regarding their particular interpretation of what the VWP can and cannot be used for. The IO's typical definition is that it cannot be used to marry and adjust status. Scare tactics, sure. But I'd insist the point that if it were that simple, that everyone would be doing it and we'd have no bloody need for a K1.

 

You are wrong, plenty of information about this and I see you are new but I have no interest in covering something again that has been discussed time and time again.. 

 

Once they have filed she can at the very least sign up for Obamacare.


BoilerMaleWales2014-10-09 12:39:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

She entered legally.

 

In a category that allows adjustment through marriage.

 

Everything else is pretty much irrelevant from USCIS point of view.


BoilerMaleWales2014-10-09 12:07:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

OK...Is there a possibility that the AOS petition could be denied?

 

If so, what could the couple do then?

 

There is no guarantee in Immigration. You mean it turns out she is a mass murderer on the run, or a major Drug dealer? Whatever.

 

They would have similar issues to having been refused a K, he moves, they both move or break up if it is insoluble.


BoilerMaleWales2014-10-09 11:49:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

 

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening).  To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

 

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

 

The law allows them to adjust, so you are pontificating about a non issue.


BoilerMaleWales2014-10-09 11:30:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

She might have commitments requiring her return, she has a return ticket.

 

Otherwise marry, file and adjust would seem the logical choice.


BoilerMaleWales2014-10-09 11:28:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASE my friend , he not meet with her fiance can submit i129f
No sponsor needed for a tourist visa.
BoilerMaleWales2014-10-10 21:04:00
K-1 Fiance(e) Visa Process & ProceduresHELP ME PLEASE my friend , he not meet with her fiance can submit i129f

If she can not travel how is she going to immigrate?


BoilerMaleWales2014-10-10 13:58:00
K-1 Fiance(e) Visa Process & ProceduresFiance wont be able to make a first visit due to health condition

I remember several similar threads and there is an inclination to assume this one has similar details.

 

The USC were on disability, severe medical issues etc etc. Seemed more a caregiver situation.

 

Now all that has been said is that he can not temporarily travel, so he may well be in a total different situation to my minds eye image.

 

As they say ####### in ####### out and it is so easy to make invalid assumptions based on essentially profiling.


BoilerMaleWales2014-10-13 11:30:00
K-1 Fiance(e) Visa Process & ProceduresFiance wont be able to make a first visit due to health condition

OP, you have a zero chance of getting what ever the term you want to use to identify them, to the USA through K-1.,.,..,without meeting face to face.,,.,.,period!

 

The sickness, doctor's notes, none of that will do any good, a waste of time!

I have come across it a couple of times, so never say never. One was a bit of a scam as well.


BoilerMaleWales2014-10-13 00:47:00
K-1 Fiance(e) Visa Process & ProceduresFiance wont be able to make a first visit due to health condition

Actually most people immigrating on this site are doing so through relationships. 

 

It is relevant in most cases, not sure how the Consulate would respond in this case if they have not met, probably not that well.


BoilerMaleWales2014-10-12 23:30:00
K-1 Fiance(e) Visa Process & ProceduresFiance wont be able to make a first visit due to health condition

OP has some time before anything can be filed.

 

And it is not up to her anyway.


BoilerMaleWales2014-10-12 22:39:00
K-1 Fiance(e) Visa Process & ProceduresUS immigration when entering the US

well i was just referring to that thing all people flying in the US go thru, both citizens and non-citizens, different lines. where you get called up by an officer and come up to his little "booth" and give him ur passport to check and he asks you questions about your US visit. I've only before only gone to either participate in an exchange program or to visit and not on a visa quite as k1. My friend said they stopped her to ask more questions than already do when they check you. They also take fingerprints and a scan of ur eyes


That is immigration not customs. Seems customs is different at the airports I normally use.

BoilerMaleWales2014-10-08 09:39:00
K-1 Fiance(e) Visa Process & ProceduresUS immigration when entering the US

As of lately customs officers will check passport, visa status and other immigration papers vis-a-vis the declared intended stay.
 
A tourist, arriving in July, for a 3-week stay, will most likely not see the outside of the airport if his/her baggage contains heavy winter coats, books and other personal effects that might indicate a longer intended stay.


Which Airport is doing this?

I have yet to have my bags opened.


BoilerMaleWales2014-10-08 09:22:00
K-1 Fiance(e) Visa Process & ProceduresUS immigration when entering the US
Not sure customs would know you were a k1.
BoilerMaleWales2014-10-08 08:56:00
K-1 Fiance(e) Visa Process & Proceduresplease help us to write to our congresswomen

Do you have a draft of the letter that you are looking for comments on. What are you trying to do?


BoilerMaleWales2014-10-12 19:25:00
K-1 Fiance(e) Visa Process & Proceduresplease help us to write to our congresswomen
What have you managed so far?
BoilerMaleWales2014-10-12 16:24:00
K-1 Fiance(e) Visa Process & ProceduresK-1/K2 visa and reporting birth abroad process
Not all USC's can pass on Citizenship there is a presence requirement.
BoilerMaleWales2014-10-14 16:04:00
K-1 Fiance(e) Visa Process & ProceduresK-1/K2 visa and reporting birth abroad process
Can you pass on US Citizenship or does she need a K2.
BoilerMaleWales2014-10-14 15:47:00
K-1 Fiance(e) Visa Process & ProceduresK-1/K2 visa and reporting birth abroad process
Is the child a USC?
BoilerMaleWales2014-10-14 15:38:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K-1 while both of us live abroad
Do not know if DCF is available in Japan but would be quickest and cheapest.

Presumably she can us the vwp to visit.


BoilerMaleWales2014-10-14 20:32:00
K-1 Fiance(e) Visa Process & ProceduresApplying for K-1 while both of us live abroad
There are benefits in marrying now. Any reason why this is not practical?
BoilerMaleWales2014-10-14 20:13:00
K-1 Fiance(e) Visa Process & ProceduresVisa Help

My assumption is that the K1 is  a mistake.  


BoilerMaleWales2014-10-15 21:57:00
K-1 Fiance(e) Visa Process & ProceduresVisa Help

Did they mention Additional Processing?


BoilerMaleWales2014-10-15 21:36:00
K-1 Fiance(e) Visa Process & ProceduresMy Wife's Visa is Expiring

She might be a Student or on a work visa.


BoilerMaleWales2014-10-18 17:35:00
K-1 Fiance(e) Visa Process & ProceduresI want a divorce

 

 That would be strange because the k-1 visa specifically states that the beneficiary is allowed to marry ONLY the petitioner and no one else.

 

  Technically, it states the K1 beneficiary must marry the petitioner within 90 days, which has already happened. That is why the critical step now is withdrawing the i-864.

 

  The beneficiary is still eligible to adjust status at this point even if divorce occurs, but he can not successfully do so if the i-864 is withdrawn.


Edited by Dakine10, 02 October 2014 - 06:51 AM.

Dakine10MaleRussia2014-10-02 06:50:00
K-1 Fiance(e) Visa Process & ProceduresK-1 petition information
Thank you so much for taking the time to post this.
kizzaFemaleCanada2009-10-01 19:27:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
Well she would be visiting me. I heard that you can only spend 180days a year in the USA under the Visa Waiver Program. So I would think it is safe for her to spend 90days again being it has been half a year since her last visit (which was her first btw)
FreMaleJapan2009-01-02 13:42:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
This webpage is a great source of knowledge. I am so happy I found it. I am starting to put things together for an I-129F myself for my fiance in Japan. She is very worried that they will not allow her into the US because she stayed for 3months under VWP after leaving in August of '08. I want her to stay again for 3months before we do paper work. Do you think it would be safe for her to try for another 3months starting in Feb 09?
FreMaleJapan2009-01-02 11:40:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List

Our RFE turned out to be a missed box on one form indicating whether or not the petitioner had a criminal record.

Many emotions are presenting themselves for use, but I am going to go with relief and say it could have been worse.

Our [insert colourful adjective of choice] lawyer is driving to my fiance's house tomorrow to sign the relevant paperwork again. Problem solved.



I just got this same RFE!! About domestic violence, homicide, murder, etc....Did yours come with a blue cover sheet? and then all you had to do was check a box that said.."none of the above apply", sign and date it??? I was so mad when I got that! They are supposed to have been doing a background check on me for the past 6 months...shouldn't they have figured that I'm not a criminal?!?!? I'm a little relieved though to see that you received your NOA2 so quickly after you sent that back b/c I sent mine back the day I got it so hopefully we'll have the same luck with time.
christe113FemaleIreland2011-02-01 19:23:00
K-1 Fiance(e) Visa Process & ProceduresPotential Red flags for K1 application?
E-3 Certain Specialty Occupation Professionals from Australia

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Eligibility Criteria
To qualify for an E-3 visa, you must demonstrate that you:

Are a national of Australia
Have a legitimate offer of employment in the United States
Possess the necessary academic or other qualifying credentials
Will fill a position that qualifies as a specialty occupation

http://www.uscis.gov...000b92ca60aRCRD
BoilerMaleWales2013-03-16 23:05:00
K-1 Fiance(e) Visa Process & ProceduresPotential Red flags for K1 application?
E3's are for Australians and it is unlikely a Nurse would qualify.
BoilerMaleWales2013-03-16 22:23:00
K-1 Fiance(e) Visa Process & ProceduresLinking up to others on the forum
There are some minor nuances between Consulates but the basic system is the same.
BoilerMaleWales2013-03-24 12:42:00
K-1 Fiance(e) Visa Process & ProceduresPrevious visa denials/approvals and their impact on the K1 visa
If it was due to you not being eligible to use the VWP there may well be issues.
BoilerMaleWales2013-03-25 03:59:00
K-1 Fiance(e) Visa Process & Procedureschild 20 submitted on I-129f, already in U.S. on J1 and turned 21 and now being told not eligible
How old was she when you married?

PS If you want legal advise, speak to a Lawyer, not a Government dept.
BoilerMaleWales2013-04-01 00:09:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied today!!! HELP!!!!
That would tie in with the interview comments.
BoilerMaleWales2013-04-19 19:57:00
K-1 Fiance(e) Visa Process & ProceduresVisa Denied today!!! HELP!!!!
What nationality was your second husband?

PS Immigration does not care who you marry.
BoilerMaleWales2013-04-19 08:50:00