ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Like I said, your own words speak volumes. You are not 100% sure of her because she is not conforming to the "plan". A plan, mind you, that was derived not out of two people choosing a path together, but out of an accident.
QUOTE (GwizCraig @ Nov 12 2008, 08:57 PM) <{POST_SNAPBACK}>
Thank-you Mitch. I do see how I came accross that way. But just trying to put the facts out there. I guess I have felt like I keep putting myself out there but not feeling reassured. It is not about the money but giving my future to someone whom I am not 100% comfortable with. If the situation was reversed I would want to be by her side with our child. They are my family, it is not about money, is about love and dedication. This is what bugs me.


QUOTE (mich08 @ Nov 12 2008, 06:39 PM) <{POST_SNAPBACK}>
Real love is unconditional. Sounds like you think she OWES you something. Nice love. Sounds more like a business negotiation in which case, you definitely should come out on top - but love isn't business, man. Asking a Philipina to be away from her family, let alone move to another country, is big business (I have filipino friends...) - I'm surprised you haven't realized that yet after all your visits. And all you HAVE realized is that YOU feel excluded. Not nice, but if you love the girl #######-for-tat is not the way to approach these problems - she will never be able to repay you for all you've done for her family and if you keep a tally she's gonna lose every argument in the future (if you decide to have a future-right now you're winning so I'd say it's safest for HER if you quit while you're ahead) - your response is probably that you will be happy if she'll just come for Christmas and all will be fine - but your attitude and speech has already betrayed you - if she comes and you marry her, you two will have future arguments - and I feel sorry for her because if she caves to your selfishness now, she'll indeed have to cave in every other argument when out from your argumentary arsenal comes the "$100K/nice house in Arizona/financially supporting half of the Phillipines"...how can she fight that? It's nice that you help/ed her family, but no one forced you to do that, and if you did it for love you WON'T use it as ammunition!!!
You've proven to be a man-sized child pouting because he can't see his child (who won't know the difference between Dec 25 and Jan 25) on one day of the year! Come on! This woman doesn't know when she'll see her family again! (oh, I'm sure you can afford to fly her home once a year, but if YOU won't go there for Christmas I guess you probably won't let her go either...gotta conserve that college fund...) And seriously, what's so bad about celebrating later? The day isn't what matters, it's being together...and one more thing. You seem to think that your money, house, country and stubborn/arrogant/yet-oh-so-generous love is somehow equal to the value of her family and that the two are interchangeable! Ditch the materialistic attitude and stop your double-standard jibberish! (your "#######!" response to "She wants to be with her family for Christmas" is a disgusting hypocritical reaction to you not getting what you want - you feel that YOU being with YOUR child, who doesn't know the difference, is justified, but HER being with HER entire family is worthy of "#######!") If she needs one more Christmas with her fam, give it to her...and use that $100K to have a fine New Year's celebration with her and the baby - and think about how you'd feel if your child grows up, falls in love with a foreigner, decides to move away to another country. Wouldn't you like to have one more Christmas with YOUR child? (when the child is actually old enough to appreciate it) If you really love someone, you'll keep giving....Thank you for suggesting we not bash your fiance but it was completely unnecessary as you've set yourself up as a big enough target.
Tip: Don't flaunt your wealth as reason for your fiance to want to live here or love you. Many people have happy lives without any of that and and your STUFF won't guarantee her any happiness if she leaves her home and family with regrets. This is primarily about you and her, but my mom had guilt about leaving her own family, and it has the potential to destroy a home. Don't let your selfishness do that to your future.

p.s. of course, if she keeps insisting on having the next few holidays with her family, I might assume she's stalling, but at this point her staying for Christmas is completely valid and you just need to suck it up, walk around your big house, browse through your last few paychecks, check out those sunny skies of Arizona and be thankful you aren't the one who has to leave what's most important to them.


diadromous mermaidFemale02008-11-12 21:13:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
I am not a crow, and not judgmental. I am observant, however. You were friends. Admitted. Then the "act" changed all of that. Why is not possible for you to see that while you accelerated the status of the relationship as a result of that "act" that doesn't mean to say that the committment to be together was borne out of love for one another? So, you admit that you did not expect things to go as they did. In other words, had she not become impregnated, you might not have decided to marry?

QUOTE (GwizCraig @ Nov 12 2008, 08:50 PM) <{POST_SNAPBACK}>
Because we met as friends, I was not expecting things to go as they did. She was not my fiancee at the time when this happened you judgemental crow!

QUOTE (diadromous mermaid @ Nov 12 2008, 05:28 PM) <{POST_SNAPBACK}>
...And you wonder why she might be having misgivings? You're not committed to her, even though you proclaim you are. Whether she is to you, I don't know. After all, in your first post, you referred to her as a friend, who became impregnated. Not a fiancée, a friend.


diadromous mermaidFemale02008-11-12 21:02:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
New, here, true. I suspect not new to "this". ;)
QUOTE (charles! @ Nov 12 2008, 07:41 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 12 2008, 06:31 PM) <{POST_SNAPBACK}>
Indeed. smile.gif
QUOTE (charles! @ Nov 12 2008, 07:29 PM) <{POST_SNAPBACK}>
oooo mermaid on the warpath eb0dfafc.gif


be gentle, he's new.

diadromous mermaidFemale02008-11-12 19:47:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Indeed. smile.gif
QUOTE (charles! @ Nov 12 2008, 07:29 PM) <{POST_SNAPBACK}>
oooo mermaid on the warpath eb0dfafc.gif

diadromous mermaidFemale02008-11-12 19:31:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
...And you wonder why she might be having misgivings? You're not committed to her, even though you proclaim you are. Whether she is to you, I don't know. After all, in your first post, you referred to her as a friend, who became impregnated. Not a fiancée, a friend.
diadromous mermaidFemale02008-11-12 19:28:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
Very few people get under my skin, but you just did. I know your type, and I am totally unimpressed. You need to take a step back and read what you write, and then honestly ask yourself, "Am I a self-righteous, pompous @@@?".

QUOTE (GwizCraig @ Nov 12 2008, 07:11 PM) <{POST_SNAPBACK}>
Yes, the pregnancy was unplanned. A gift for her family to witness. The child has a father, grandparents and relatives here too who would like to share in the experience. It is not like she will not be able to return when ever she wants. What about them celebrating Christmas early? I have been very supportive of her and her family so far. Her father would be very ill right now if I did not step up and put him in the hospital ( turned out to be kidney stones ) he did not want to go. She would be sharing a boarding room with three siblings if I did not over rule her mother ( was tenious ) and pay for an apartment. I've had a hand in putting the two siblings through college and they still have one more to go. Lord knows what kind of care our child would be getting without my support. I realize there will be plenty of angry women at me but let me make this clear, it is responses like yours that make me lean more toward bailing. I don't have to take the risk, I have stayed in this because I choose to. Against what I really want, I can choose not to. Some women wonder why men run, lady your attitude is the reason.

QUOTE (diadromous mermaid @ Nov 12 2008, 04:31 PM) <{POST_SNAPBACK}>
How unsympathetic!! The pregnancy was unplanned, and yet a wonderful gift for her family to witness. The child's grandparents have only a short time to get to know their grandchild before he/she is whisked off to another world. It's not as if the trip is being cancelled. Yes, sure, it would be nice to spend the holidays with your newborn, but the newborn will be completely unaware that it is Christmas. Why not exhibit your resilience, and have your fiancée enjoy Christmas together and then celebrate your "own" Christmas when the two of them arrive? It's not like it is completely uncommon for Christmas decorations and trees to still be alight in April, for goodness sakes.
QUOTE (GwizCraig @ Nov 12 2008, 06:12 PM) <{POST_SNAPBACK}>
Thanks so far, wanting to see how others see this. Is so hard to think clearly when you're in the middle of it all

To update a few questions asked.

Her visa just got approved ( child has dual citizenship ), which is when she dropped this bomb on me.

I do my best to not make money an issue, so paying for a flight there is not the issue. Realistically money does matter, have a college fund to start smile.gif I would rather avoid paying for a flight there when she should just come here, after all that was the plan. Will have a whole new set of expenses when she gets here. My flying there for the holidays is impossible because I used all my vacation time going over there to meet her family earlier in the year.



Edited by diadromous mermaid, 12 November 2008 - 07:24 PM.

diadromous mermaidFemale02008-11-12 19:23:00
K-1 Fiance(e) Visa Process & ProceduresYeah! K-1 Approved, with child. Now I'm not so sure.
How unsympathetic!! The pregnancy was unplanned, and yet a wonderful gift for her family to witness. The child's grandparents have only a short time to get to know their grandchild before he/she is whisked off to another world. It's not as if the trip is being cancelled. Yes, sure, it would be nice to spend the holidays with your newborn, but the newborn will be completely unaware that it is Christmas. Why not exhibit your resilience, and have your fiancée enjoy Christmas together and then celebrate your "own" Christmas when the two of them arrive? It's not like it is completely uncommon for Christmas decorations and trees to still be alight in April, for goodness sakes.
QUOTE (GwizCraig @ Nov 12 2008, 06:12 PM) <{POST_SNAPBACK}>
Thanks so far, wanting to see how others see this. Is so hard to think clearly when you're in the middle of it all

To update a few questions asked.

Her visa just got approved ( child has dual citizenship ), which is when she dropped this bomb on me.

I do my best to not make money an issue, so paying for a flight there is not the issue. Realistically money does matter, have a college fund to start smile.gif I would rather avoid paying for a flight there when she should just come here, after all that was the plan. Will have a whole new set of expenses when she gets here. My flying there for the holidays is impossible because I used all my vacation time going over there to meet her family earlier in the year.

diadromous mermaidFemale02008-11-12 18:31:00
K-1 Fiance(e) Visa Process & ProceduresSHOCKED!!!
Is she a US citizen?
QUOTE (Cedric - Evalyn @ Nov 29 2008, 12:04 PM) <{POST_SNAPBACK}>
Hey everyone,

I met my girlfriend online, lol like most others on here i guess... and yeah, we've been talking about how i'm gonna get there to stay. Same again, naïve as hell, thinking i can just go there, get married and stay... NOT!!! blush.gif

Since she has two girls, i'm wanting to move to the US to live with her, but i can't figure out what the best and fastest option is.
I'm from belgium, she's from TN, we met online in september 08, visited her in october, november and will see her this christmas, wahoo!!!!! omg, i cant wait!!!!!!!!!!!!!! kicking.gif

Any suggestions would be very welcome!

Thx in advance,

Cedric

diadromous mermaidFemale02008-11-29 18:18:00
K-1 Fiance(e) Visa Process & ProceduresVWP and marriage!
I'd quit while you are ahead, becky-sees-stars! It's OK to admit that what you were considering isn't a good idea, or possible and go to plan B.

Close family friends can't sponsor immigrant petitions, by the way.


QUOTE (becky-sees-stars @ Nov 29 2008, 10:02 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 30 2008, 02:33 AM) <{POST_SNAPBACK}>
To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

QUOTE (becky-sees-stars @ Nov 29 2008, 07:42 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 29 2008, 11:42 PM) <{POST_SNAPBACK}>
QUOTE (A.J. @ Nov 29 2008, 06:36 PM) <{POST_SNAPBACK}>
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!



i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!
i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?
has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!




we aren't planning on marriage just seeing what the options are i'm happy going over for 3months and coming back as i like to stick to the rules i didn't say we were or going to get married we just wanted to see what options and roots there are, were happy with the way things are and not looking to rush into anything i was looking for information about being sponsor by a close family friend and came across stuff bout marriage and etc!

i do not have the intent of coming over and getting married, i love how things are right now there is nothing booked or even looked into on marriage bar my post!

i never intended on staying or marrying just getting information when i came across the website!
can i out you all straight that i have no and never did have any intention on marrying him or staying i came across your posts when looking in being sponsored and it said about your partner being able to so he said look into it but i'm not hinting anything!

i have a buisness to run in england when i come home so it shows i have ties back here in england too!

diadromous mermaidFemale02008-11-29 22:10:00
K-1 Fiance(e) Visa Process & ProceduresVWP and marriage!
Are you young, by the way?

QUOTE (becky-sees-stars @ Nov 29 2008, 09:49 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 30 2008, 02:33 AM) <{POST_SNAPBACK}>
To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

QUOTE (becky-sees-stars @ Nov 29 2008, 07:42 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 29 2008, 11:42 PM) <{POST_SNAPBACK}>
QUOTE (A.J. @ Nov 29 2008, 06:36 PM) <{POST_SNAPBACK}>
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!



i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!
i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?
has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!






hi,
there is no deffo on the marriage just finding out information and if i did i would come back to the uk as have to run part of the family buisness when i return but asides from coming in on the VWP and getting married (if it did happen we don't know what is going to happen just keeping our options open!) if we did get married what is the process then i as got so confussed reading bout the k3 and the CR _ _ _ _ (can't remember the numbers) which is best?? i don't need to work as like i said he earns 42k+ a year and is willing to help me out if i can't work when i get there (if we marry!) how long are the processes if we marry when i'm there?
which visa is best?
can he sponsor me when married to go live with him if so how long is that process?

i'm not wanting to break the law a i love my man and love the USA and sick of people doing it in the UK all the time i have more respect for the country and the people to be there unlawfully i've just got so confussed as some sites say you can marry in Las Vegas and stay in the USA even if you come over on the VWP and file paper work while the person on VWP stays in the US?????

sorry i have gotten so confussed lol!

diadromous mermaidFemale02008-11-29 21:56:00
K-1 Fiance(e) Visa Process & ProceduresVWP and marriage!
To answer the general question, yes, there are plenty of aliens that arrive as tourists, with no intention of remaining , and then for one reason or another, decide to marry and stay to adjust status. The impromptu proposal and subsequent marriage does not demonstrate any preconceived notion of violating the terms of a visa, because it was just that, impromptu and unplanned.

The issue that you are proposing here in your specific post is that you are questioning not only is it possible, but that, in itself, could imply that you might wish to do it. That is where "prior intent to immigrate" may come into play. Not that other aliens haven't done exactly what you are querying, albeit against regulation, and some successful, but it contraverts the whole basis of the VWP, the regulations and if not successful, then the alien has relinquished any avenues for appeal of the denial. There are ways that such aliens are tripped up, not only at the POE but in any adjustment of status interview itself.

Bear in mind that any tourist entering the country is presumed as having intent to immigrate, and each alien passing a POE has the onus to demonstrate otherwise. If caught not telling the truth, if questioned, then not only is the alien caught using a visa (in this case a visa waiver) inappropriately (which carries consequences) but is also potentially also committing a 'misrepresentation' of what could be shown to be a material fact. That too carries consequences.

QUOTE (becky-sees-stars @ Nov 29 2008, 07:42 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 29 2008, 11:42 PM) <{POST_SNAPBACK}>
QUOTE (A.J. @ Nov 29 2008, 06:36 PM) <{POST_SNAPBACK}>
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!



i know bout the whole thing about not saying your going out to marry been going to the states since i was born and my parents have a holiday home out there!
i just want to know say we did get married while i was over there what can we do so i can stay if there is anything?
has anyone else got married on the VWP and stayed in te us???

my ticket is booked for 3 weeks but i will be staying longer than that for my full 90days (was cheaper to book a 3 week return rather then a 3month return) but i know from the airline once i'm in the states if i change my dates is a hell of a lot cheaper and can book them to return inside the 90day limit!

diadromous mermaidFemale02008-11-29 21:33:00
K-1 Fiance(e) Visa Process & ProceduresVWP and marriage!
QUOTE (charles! @ Nov 29 2008, 06:54 PM) <{POST_SNAPBACK}>
eb0dfafc.gif it's so amusing to see the mermaid bending aj over her knee for a spanking.

Spanking seems to be a common theme for you, charles! But, yes, you're right, I do like to connect to buttock flesh, now and again. laughing.gif
diadromous mermaidFemale02008-11-29 19:01:00
K-1 Fiance(e) Visa Process & ProceduresVWP and marriage!
QUOTE (A.J. @ Nov 29 2008, 06:44 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Nov 29 2008, 06:42 PM) <{POST_SNAPBACK}>
QUOTE (A.J. @ Nov 29 2008, 06:36 PM) <{POST_SNAPBACK}>
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!

Well I did say "marry and stay" innocent.gif

We've had this conversation before laughing.gif



Have we? smile.gif But, to address your post, the "marry" doesn't really play a role at all, when you boil it all down. Entering on VWP with an intent to stay, married or otherwise, is the illegal issue.
diadromous mermaidFemale02008-11-29 18:48:00
K-1 Fiance(e) Visa Process & ProceduresVWP and marriage!
QUOTE (A.J. @ Nov 29 2008, 06:36 PM) <{POST_SNAPBACK}>
Technically, if you enter on VWP with the intent to marry and stay, that's not legal. You're required to enter the US on VWP with the intent to come back.... and then circumstances should occur after you arrive which cause you to change your mind. Key is your intent on the day you arrive - it must not be immigrant intent.

True with one small clarification. Entering on VWP with the intent to marry is perfectly legal. It's the staying that can cause issues, if this was planned before you entered on the VWP!
diadromous mermaidFemale02008-11-29 18:42:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
Any line of questioning about intimacy must render similar answers. That's all. USCIS isn't really interested in your private life, save for the fact that if a couple are in a legitimate relationship and not one of immigration convenience they will know certain things about each other that people who are not living together would not know.
QUOTE (Marina-Del @ Jul 2 2009, 10:57 PM) <{POST_SNAPBACK}>
QUOTE (rebeccajo @ Jul 2 2009, 11:54 PM) <{POST_SNAPBACK}>
I wasn't planning on having a discussion about the frequency of coitus, etc.

All I'm saying is that questions have been asked, even if inappropriate.


Oh, I don't particularly want to get in a discussion about the frequency of it either, but now I'm genuinely curious of how the USCIS would react if a genuinely married couple answered that they didn't have sex during an AOS interview...anyway.... Off-Topic2.gif


diadromous mermaidFemale02009-07-02 22:03:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
Once again not true. There are extenuating circumstances that would preclude any legitimate couple from sharing a residence for some or even most of the time. This being one.
QUOTE (YuAndDan @ Jul 2 2009, 06:36 PM) <{POST_SNAPBACK}>
NO, however, this IS a requirement later when removing conditions from a conditional green-card.


diadromous mermaidFemale02009-07-02 17:43:00
K-1 Fiance(e) Visa Process & ProceduresNot living together a problem?
Nonsense. Why hold up one's life just because of a small technicality? There are very legitimate reasons for couples to have separate residences. The OP mentions just one of such instances. Going into AOS eyes wide open, he and his spouse have every opportunity to make certain they can document their shared lives, and justify the reason they are not lvinig together during the school year. If his spouse retains his address as her permanent address, on all applications, then I just don't see a problem.
QUOTE (Gary and Alla @ Jul 2 2009, 01:06 PM) <{POST_SNAPBACK}>
QUOTE (mcallisterra @ Jul 2 2009, 12:34 PM) <{POST_SNAPBACK}>
I've been lurking for a bit but just signed up today.

My girlfriend (USC) and I (British Citizen) are going to start a K1 application soon, and I had a question regarding the importance of living together once you are married.

We are going to get the process started soon, but she is still in Grad School right now. If I get the approval and the Visa before she is finished with grad school, and we aren't living together right away, does this cause problems for the AOS side of things? Or do they take into account that she is still away at school and we will be living together as soon as she is done in a few months?

Thanks in advance,
Andy


Yes it can cause problems. For the AOS you must demonstrate you have a legitimate marriage and not one for immigration enefits and the burden is on YOU to prove it. There is no requirement, per se, that you live together, but it makes it an uphill battle.


diadromous mermaidFemale02009-07-02 17:33:00
K-1 Fiance(e) Visa Process & ProceduresWorried about K1
I would think that bipolar being so prevalent (incidence in USA reported 4.3% have bipolar or sub-threshold bipolar) is not a cause for inadmissibility. Now if an alien has a chronic history of struggling with it and resorting to self harm, then that might be cause for concern.
diadromous mermaidFemale02006-05-07 18:54:00
K-1 Fiance(e) Visa Process & ProceduresMilitary officer seeking help...
DCF?
diadromous mermaidFemale02006-04-24 08:30:00
K-1 Fiance(e) Visa Process & ProceduresRetired co-sponser


My co-sponsor is retired and would like to know which supporting financial documents will be required with the I-134 for a retired person? He is not totally comfortable with surrendering all that is listed on the form. I know the more we can submit the better but I also understand his concern. Would he need to submit his 1040?s from the past 2 years? Also I am correct that I read somewhere you need to show only 100% over poverty for the I-134 and 125% for the I-864?


yes you need to the 1040's even retired you file taxes.

i have not heard that you only need 100% all that i have read was 125% for all


Some retired don't need to file Federal tax returns, but many states still require them (go figure!) It will depend upon the circumstances that relate to your joint sponsor. Remember, if tax returns are not required enclosing the IRS guideline that shows the individual is not required to file is appropriate.
diadromous mermaidFemale02006-05-26 21:43:00
K-1 Fiance(e) Visa Process & ProceduresDECLARATION OF MEETING DRAFT
:lol: :lol: :lol:

(Although the tune often changes after a few years of marriage, sometimes sooner.)




Addendum:


In place of a lawyer you can retain me for necessary advise free of charge and you will be succeessful. But do me a favour and find out more about him. This more enquiries are for your own good, to save you the heart break.



I'm not advocating attorneys, but I think Yodrak was wise to remind the OP that Nigeria is considered a high fraud area and, as such, to be prepared for each and every application is gone over with more scrutiny. You make a valid point ~ the couple will be left to their own devices to demonstrate in behaviour and evidence that the relationship is genuine and no attorney can supplement his/her servoices for that particular event in the visa process. Howrever, the submission of paperwork, comprehensively compiled, carefully reviewed to avoid anything that could cause a second look, and to provide enough to corroborate validity yet not appear to be too overwhelming [sometimes, yes, less is more ;) ], to review language used in evidences to be provided etcetera would be where an attorney can be of critical importance.
diadromous mermaidFemale02006-05-05 21:42:00
K-1 Fiance(e) Visa Process & ProceduresW2 Bottom Left

There is a part of the W2 bottom left is gone..well i believe it was used. Does the W2 need to be full for the K1 ?

Thanks!



Do you mean that the corner has been torn? If the gross wages box #1 is still legible, I don't believe it would matter.
diadromous mermaidFemale02006-06-09 19:48:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin
Following your logic for a moment, obtaining a marriage license requires that both parties are present. Therefore, USCIS and the DOS couldn't request the license as proof in order to begin processing the NIV. Further licenses are valid in most states for a specified period of time (30 days for example) that wouldn't permit enough time for the beneficiary to be approved and arrive in the USA.
diadromous mermaidFemale02006-06-22 09:09:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin
The question still remains, what is considered "legally free to marry".
From 9 FAM 41.81 N6.6 Petitioner and Beneficiary Must be Legally Free to Marry (CT:VISA-756; 07-27-2005)
a. For a K-1 petition to remain valid, the petitioner and the beneficiary must:
(1) Have been legally free to marry at the time the petition was filed;
(2) Have remained so therafter; and
(3) Continue to have the intent to marry within 90 days after the beneficiary’s admission into the United States.
b. A K-1 petition filed when the petitioner and/or the applicant was still legally married shall not serve as the basis for visa issuance, even though that marriage was terminated and applicant/petitioner became free to marry within 90 days of arrival in the United States. If a consular officer finds that the petitioner and/or applicant is/was not legally free to marry, post mush return the K-1 petition to the national visa center (NVC) under cover of memorandum detailing the specific, objective facts giving rise to the officer’s determination.
diadromous mermaidFemale02006-06-22 08:18:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin


The marriage itself is not an issue at all. Like being said earlier, the K1 process takes its time anyway and considering the fact that the visa is valid for 6 months to get in and 90 days after that to marry and file AOS, the time issue is not a problem - enough wiggle room.

By the way, its about the 6 months AFTER the divorce is final (so ~180 days) and not about the timeperiod between filing for divorce and the final judgment on that (which is 120 days minimum by law).

So, yes, so far we plan to stay WI residents and so the marriage needs to be considered legal there. But again, we don't want to marry before those 6 months are over, we just want to already start the K1 process and not "waste" those 6 months waiting.

... who knows if USCIS cares about state laws, as they don't know where we want to marry and reside (for example, what if a fiance moves to a different state while the K1 runs?).

So far, I am thinking about just filing the whole thing no matter what. At most, we lose the $170 filing fee if we get denied and have to try again after 6 months.

Does anybody know a good immigration laywer in Wisconsin I could call (or with the Milwaukee area to go to) who could offer help?


I can assure you that the USCIS cares about the WI State laws, as this is the only law that applies in this case. If the petitioner is not free to marry, the petition will be denied. They do not allow the leeway of thinking that if I submit now, by the time the USCIS gets around to adjudication the petition, that the petitioner will be free to marry. The petitioner has to be free to marry when the petitioner is submitted.



While I don't know the specific answer to this, I'm inclined to agree with Desert fox on this. "Hedging", as it were, and filing a petition prior to becoming legally free to marry with dire consequences that it *could* be determined later as a void marriage, *could* be perceived as not unlike a person who is planning to divorce, filing just prior to a divorce decree and anticipating that it will be available prior to the marriage with the beneficiary. I have a feeling that the consulate may not be inclined to begin smudging the lines. Has anyone tried to find out what, if any, difficulties or complications there are in securing a marriage license in Wisconsin prior to the 6 month waiting period? For example, would a county office simply deny an application for a license prior to the mandated period has elapsed?
diadromous mermaidFemale02006-06-22 07:24:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin

Just to make things a little more easy (or worse). It's not the divorce law that is the problem. The divorce gets final after 120 (earliest) and you get your decree and the marriage is terminated. So far so good.

The problem is the marriage law. This states you cant get married as a Wisonsin resident if you had a divorce in the last 6 months.

So yes, she is free to marry, she would just have to actually leave the state to become a resident somewhere else.

Does that shine some more light on how USCIS would view things?


I am not familiar with the family law in Wisconsin, other than that I googled to confirm the 120 day restriction. It might be helpful to research the law to find out of what value this time period restriction has. If in fact a marriage performed within the 120 days does what one person on this thread suggested (sorry, I don't recall the member's name) and validates the former marriage, then I'd imagine the divorce is not yet considered legally terminated and final until the 120 days have passed.
diadromous mermaidFemale02006-06-18 14:20:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin
I would like to clarify what several members are posting here. Are you saying that simply being divorced in Wisconsin, yet still unable to marry until the 120 days has elapsed, you are technically "free to marry" for K-1 petitioning purposes? Your position is that you can petition but you just *can't* marry yet ?

Edited by diadromous mermaid, 17 June 2006 - 09:17 PM.

diadromous mermaidFemale02006-06-17 21:17:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin

They are two different issues. No contradiction.



I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?

Really?

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned.



isn't that saying that you don't think it is an issue?

and then

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.



here you are saying that it is?
diadromous mermaidFemale02006-06-17 20:27:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin

I would not be concerned at all about the six month waiting period to remarry, where the filing of the K1 is concerned. But if you are really concerned about this, suggest you ask an immigration attorney.

If you are not actually divorced for the 120 days, then my interpretation is that you are not free to marry and cannot file for the K1.

The two above statements seem to be contradictory. Which position are you taking?
diadromous mermaidFemale02006-06-17 20:20:00
K-1 Fiance(e) Visa Process & ProceduresK1 process and divorce/marriage laws in wisconsin
The Wisconsin statute actually states that no divorcé(e) may marry until a 120-day waiting period after divorce has elapsed, whether a Wisconsin resident or not. If the "free to marry" issue with the K-1 for immigration were not an issue, were you to marry in Las Vegas, that marriage would not be considered legally valid in Wisconsin, unless you remarry in Wisconsin after the 120 day waiting period. Under these cricumstances, the prior marriage in Las Vegas would not have to be annulled prior to marrying again in the "Cheese State". Odd.
diadromous mermaidFemale02006-06-17 20:02:00
K-1 Fiance(e) Visa Process & ProceduresProcess for getting married before K-1 process is finished??

chuck,

If you get married in Thailand before moving to the USA then the K1 visa process is dead. But that doesn't mean that you have to apply for a K3 visa for her to come to the USA.

When you say "get married in Thailand" do you mean go to an amphur and submit the registration papers?

Yodrak

Our 129F has been approved and we are in the process of completing packet 3.

What would happen if we get approved for a K-1, then get married in Thailand before moving to US?

Do we need to start the K-3 forms or can we just continue with the K1 process and say that we got married in Thailand instead of US??


Well, as a married person you are no longer eligible to use the K-1, but you'd have the option of a K-3 or CR-1 route, if you're still planning on moving to the USA. It does mean starting over, however.
diadromous mermaidFemale02006-06-28 16:03:00
K-1 Fiance(e) Visa Process & Proceduresbefore or after tax

Hi Guys,

1) Is the income requirement before or after tax?

2) My fiance in the USA is just after buying a house and hence has a pretty large mortgage. Does that make her income less considering a quater of her income is used to pay off the morgage per year.

3) Does it come into play that I have a mortgage over here in Europe on property that i rent out.


Thanks in advance guys and for all those in the UK I hope all this good weather is keeping peoples spirits up in the whole visa process


Gross income (before taxes)
No, liabilities don't factor in generally. I say generally because it is the totality of circumstances that is considered. The alien's financial circumstances are not considered, unless he/she has assets (liquid) that are contributed.
diadromous mermaidFemale02006-07-12 06:36:00
K-1 Fiance(e) Visa Process & ProceduresI-134 Question
If self-employed, then a Dunn and Bradstreet rating of the commercial entity that is operated, possibly.
diadromous mermaidFemale02006-07-21 21:43:00
K-1 Fiance(e) Visa Process & ProceduresQuestion: Proof of having met in person

Has your fiance met and seen you within the two-year period immediately receding the filing of this petition?


Does this mean ONLY while he was my boyfriend/fiance, or could it also be as a friend and co-worker? Here's the story behind the question:

My fiance and I met while he was a friar (like a monk) and I was a volunteer waiting to become a sister (like a nun). We were friends for two years that way, and worked side by side on a weekly basis. Then in December 2004, barely within the 2 year period but still in it, he left the friars and moved back home to France.

I saw someone here saying to "think outside the box" when providing proof of having met in person within the last two years, and that got me thinking about this. Would a letter from the superior of the friars stating that we worked together for 2 years be proof of having met in person? Or would that not count since we weren't dating at the time?

I DO have proof of our two boyfriend/girlfriend meetings... I'm just curious about the idea of adding this to it. :)


aselano,

Proof of having met within the prior 24 months can be satisfied with one meeting. :)
diadromous mermaidFemale02006-08-01 18:58:00
K-1 Fiance(e) Visa Process & ProceduresMarriage before K1 Interview

Hi all,

Im in a bit of an anxious dilema.

Everything from packet 3 has been done and sent off. Im simply awaiting my packet 4 and interview. Now my dilema is this, my wedding date is booked for September the 9th, it has been booked for a good 6 months. Rather naively i had assumed that the visa would have been done and dusted by then with plenty of time to spare.

Anyway, instead of kicking myself about tight timing i have to think of solutions. At the moment i dont envisage my interview being before September the 9th, so what should i do ?

Should i move the wedding back a month and inconvenience all of the people due to attend ?

Or should i fly over and go ahead with my wedding as planned, come back here for my interview and hope nobody spots what we have done ?

Or should i equally fly over and go ahead with my wedding and apply then for a visa more suited to our new situation ?

The flaw in the 2nd option is that someone somewhere will figure out we got married before the interview, and that could mean trouble right ?

The flaw in the 3rd option means that it will set us back a whole 10 months as we will then be starting a new journey on a new and equally long/stressing visa package.. not being able to work etc etc..

The 1st option looks the best option, but i cant even begin to envisage the amount of stress my fiance would take onboard with having to move wedding plans..

Any suggestions ??

Thankyou in advance

Russell


If you marry prior to the K-1 interview, you'll be statutorily ineligible for the visa and that will be more than trouble! You can marry in the USA and return and petition for a K-3 or CR-1. Or, alternatively, plan the wedding at a later date.
diadromous mermaidFemale02006-07-29 15:25:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

No, I think AM1996 wanted to get married in the US now and then again in the Caribbean. The purpose of the US weddign was tax purposes and the purpose of the Caribbean wedding was for 'the real deal' thing. I hope I am not mis-interperating anything here. If I'm wrong in my translation .. sorry.

Kezzie ... good job spelling it out. I guess it was not so clear before - I guess that my understanding of the post came from being immersed in all of your conversations.

This is EXACTLY right. I will not be responding to the condescending and offensive posters above.

My last question: I last entered the US at the end of April. If my AOS and, most importantly, AP application is not approved prior to the 6-month expiration of my current B-2 status, what do I do to prevent "visa overstay" arguments later?


You will not accrue out of status if you file prior to the expiry. Condescending? are we not entitled to question such a discombobulated query, especially one tht refutes the regulations information given to you by one who was assigned that duty?

Edited by diadromous mermaid, 04 August 2006 - 01:57 PM.

diadromous mermaidFemale02006-08-04 13:56:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?


Am I the only one that is wondering about the veracity of the OP?


:no: and Posted Image


:lol: :lol:
diadromous mermaidFemale02006-08-04 13:41:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Where was it suggested that you immigrate to Canada?

Please see Kathryn's post above.

I believe, if I am reading correctly, that it was said tongue in cheek. ;)

You can't get AP/LPR if you are not already married! Please read carefully.

I realize that. We can get legally married in the US tomorrow, if it would help us get the AP/LPR before the end of the year (the wedding is scheduled for the second week of January). My undderstanding is that it would be possible for us to get AP before the end of the year but that it was also extremely possible that it wouldn't happen by then. We can't proceed under such uncertain terms :(

Now, it's January? How can you avail yourself of tax benefits for the calendar year 2005, if, indeed, you are not going to marry until January 2007. This is getting more absurd by the moment! Am I the only one that is wondering about the veracity of the OP?

Edited by diadromous mermaid, 04 August 2006 - 01:33 PM.

diadromous mermaidFemale02006-08-04 13:32:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

Zyggy brought up a great number of fantastic points and a wealth of his own experience as a former border patrol officer and for that, I am extremely grateful to him. I mentioned some of the issues that I saw in his posts not to offend him but to rather highlight the fact that the law is different, so that I'd have to be VERY VERY unlucky to have to deal with those issues.

Once again, we have not decided on any particular course of action and are still gathering information. We are not now, do not intend to and will NOT in fact be violating any immigration laws, so even in the worst case scenario there will NOT be any detention centers in our future (my fiance has already checked into all that).

Immigrating to Canada over something like this is just not an option. First, my fiance is a corporate lawyer with one of the largest law firms in the country and he can't nor does he have any desire to practice law in Canada (I wouldn't actually mind moving to Canada with him, but it's not an option for him). Second, if we do come to a conclusion that our strategy is unreasonably and unacceptably risky, we will just go with one of the alternative options that we don't like but that presents absolutely no risk to us.

As an aside, I completely understand that to many readers of this thread it sounds like I am being stubborn and reckless when I say that I reluctant to postpone/change our current plans. Once again, we will change if but only if the facts cause us to think that any other choice is unreasonably risky and we simply don't have sufficient information to determine that at this point. One of the reasons that our plans right now are more or less set is because (i) if we get legally married in the US before the end of the year, for tax law purposes we will be deemed to have been married for the entire year, which will save us thousands of dollars in income taxes, (ii) the Caribbean location is anything but random, so we can't just move it to a US territory and (iii) the timing, while a bit more flexible than (i) and (ii), is still fairly rigid, so it'd be very difficult to postpone it by several months.

By the way, even if we were to find a way to somehow to postpone the trip, I have been told that an AP/LPR petition can take up to a year to get approved (and in some cases it can even take longer) so we essentially would have no way of knowing when it would be safe to schedule the wedding, unless we wanted to do it in 2 years or something similarly insane. Is this correct?


Where was it suggested that you immigrate to Canada?

You can't get AP/LPR if you are not already married! Please read carefully.
P.S. A corporate lawyer should know better than to try to become an expert in another field. Are you suggesting that he has read the entire INA?
diadromous mermaidFemale02006-08-04 12:23:00
K-1 Fiance(e) Visa Process & ProceduresDo I even need a K1 as a Canadian?

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?



I don't see what the big to-do is! Am1996, if I am not mistaken, these are the facts you've shared, as concisely as I can put them.

You are already here for 2 months on a B2, and the term of your stay is 6 months, therefore the expiry date of your current legal stay on the visa is in 4 months hence, i.e. sometime in November-December 2006.
You wish to marry in the Caribbean at the end of the year for 'tax purposes'
You are taking a year off, and will resume medical studies sometime early in 2007 here in the USA.
You have a need to return to Canada for a couple of months after the Caribbean trip.

OK, my suggestion, rather than to try to test the legal system and interpret the regulations to suit your needs would be to:
1. Remain in the USA, in status, until near the expiry date of your B2 (November, December, whichever)
2. Prior to the expiry date of your visit, travel to the Caribbean and marry, as you have intended.
3. Compile your taxes as joint prior to the end of the year
4. Leave the Caribbean. You return to Canada, your husband returns to the USA
5. Your husband files the K-3 and the joint tax return, upon arrival in the USA,
6. While the K-3 is in process and you are in Canada for the purpose of tending to the matters that you declared would require you to return to Canada
6. When the K-3 is approved, return to the USA, legally and without having to convince the CBP to accept your 'version' of the regulations.

What is the difficulty in this? Why the mountain out of a molehill?

Edited by diadromous mermaid, 04 August 2006 - 12:15 PM.

diadromous mermaidFemale02006-08-04 12:13:00