ForumTitleContentMemberSexCountryDate/Time
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
K-1 Fiance(e) Visa Process & ProceduresDoes the petitioner get called in to USCIS for interview?




Does the petitioner get called into the USCIS office for an interview too? I am just wondering?

Thanks,
titanum4motion

too???? Neither the beneficiary nor the USC petitioner get called for an interview at USCIS office. The rare occasion I have read of the USC being interviewed occurred from memory after a visa interview was held at the consulate and the application is under AR (administrative review) and they had concerns about validity of the marriage/fraud.


Shon (among others) was interviewed at her USCIS DO (I believe--don't think it was the Service Center) before her I-130 could be approved. This was before the visa application was submitted.

Ahhhh thanks Mo :thumbs:


And DOs (District Offices) sometimes interview the USC spouse (and in some cases even an ex-spouse) at various stages of the immigration process, if they have reason to believe that the marriage may not be bona fide.
diadromous mermaidFemale02006-08-08 15:42:00
K-1 Fiance(e) Visa Process & ProceduresRed flags or things that might throw a wrench

From the thread Aussiewench posted:

Very interesting dynamics. You noted some of the potential red flags that could result in a returned petition would be..
Quoting from your article http://www.ilw.com/a...0323-ellis.shtm

1. A very brief courtship followed by a plunge into matrimony;

2. A marriage ceremony arranged only a short time after petitioner arrives in the beneficiary’s country and they meet for the first time;

3. No common language;

4. Petitioner resides with family members of the beneficiary in the US;

5. Petitioner is employed by or has a business relationship with a relative of beneficiary;

6. Petitioner submits phone records that show he uses a residential phone number that is listed in the name of another person.

7. US divorce followed very quickly by an engagement to foreign beneficiary is often a red flag for consular officers.

8. There is little or no documentary evidence of the relationship prior to the actual engagement.

9. Long gaps of time between the petitioner & beneficiary being together in person.

10. Failure to disclose previous marriages;

11. Failure to disclose previous petitions filed on behalf of other beneficiaries.


Also, beneficiary has young children in beneficiary's native country
diadromous mermaidFemale02006-07-31 07:52:00
K-1 Fiance(e) Visa Process & ProceduresOFF TOPIC but need direction

no no my pretty mermaid!!!

jv's fianceé was from PI, but she came over for ANOTHER guy and then he found out!! guess she took the guy whose petition cleared the fastest!

and then THAT guy came on the board spouting off negativities about jv!!

now ya 'member??

Posted Image



Ah yes, now I do. I was half on the right track. Let's hope he's found a woman with integrity and scruples now, eh?
diadromous mermaidFemale02006-09-04 20:24:00
K-1 Fiance(e) Visa Process & ProceduresOFF TOPIC but need direction
If my memory serves me well, jvmilan's fiancé (also from PI ?) left before the marriage could occur. I don't recall if she went to stay with a girlfriend and would only agree to see him intermittently, but not as a betrothed, or was it a case of possibly taking up with another petitioner? Aussiwench? :)
diadromous mermaidFemale02006-09-04 20:08:00
K-1 Fiance(e) Visa Process & ProceduresOFF TOPIC but need direction

Does anyone know where I can find info on getting her here through her grandfather's america status. Thanks for any info you might have.

Joe


jvmilan,

I couldn't help but notice that you referred to this woman as your fiancé. If that is, indeed, the case, then I applaud you for looking into if she could immigrate through her own family relations to give you options beyond the fiancé visa. :)
diadromous mermaidFemale02006-09-04 19:22:00
K-1 Fiance(e) Visa Process & ProceduresOFF TOPIC but need direction

That is a very interesting scenario!

Here Grandfather still an American? If so did son or daughter of grandfather claim American citizenship or were born in America?

If either of her parents are/were American at the time of her birth then she may be considered an American.

If that is the case she may have to provide documentary evidence such as birth certificate of american parent.

It would work only if Grandpa was US Citizen when her parent was born, and if her parent claimed US Citizenship before having your fiance then she would have been born to an American Citizen.

Very interesting!

Makes sence, but probably will have to be looked at by a lawyer.

"Derived" citizenship through one parent and a grandparent is described here:
Http://www.uscis.gov/graphics/services/fac...t/howdoi/A4.pdf

Edited by diadromous mermaid, 04 September 2006 - 05:06 PM.

diadromous mermaidFemale02006-09-04 17:05:00
K-1 Fiance(e) Visa Process & ProceduresDenial

Good eveing i was just denied because it said i had not met my fiancee within the last 2 years when i clearly sent pasport/photos of the ceromony that were timestamped to the immigration people and they still denyed me whats going on here? lucky i was able to get a hold of the director of the office who denied me but i am waiting on a response any help would be helpdul



Your post is rather scant of detail, but from what you've shared passport stamps simply indicate that you were in the same country of your fiancé, and time-dated and marked photographs are not a good form of evidence because so often they can be manipulated. Do you not have the itinerary of your visit, emails indicated the dates and times, plane tickets, hotel receipts, stubs to attractions you visited to better support your contention that you've met?
diadromous mermaidFemale02006-09-19 20:46:00
K-1 Fiance(e) Visa Process & ProceduresWhat is J1 2 year rule?

My fiance was here last year on a J1 for work/travel and we got a k1 approved less that 1 year after she was here.
What is this 2 year rule?
At her interview there was no problem that she was just here on a k-1.

Just wondering.


Under Section 212.3 some J1s are subject to a Home Residency Requirement (HRR) and return to their homeland for a period of 2 years before becoming eligible to obtain permanent resident status. Oftentimes, HRR is required if the exchange visit was financed by their government, or their programme is one that their country considers in critical need. Medical training often involves HRR. There are procedures to obtain a waiver of the requirement in some cases.

Edited by diadromous mermaid, 25 September 2006 - 05:34 PM.

diadromous mermaidFemale02006-09-25 17:33:00
K-1 Fiance(e) Visa Process & Proceduresissue new K1 visa -- emergency trip out of US

Wow, thanks for the reference and information! I did a search on this provision, and it seems that the consulate may give us a hard time but they do still have the option (even post-9/11) to issue another visa. Thanks again!



Don't overlook this caveat after reissuance of the K-1 visa

The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.


diadromous mermaidFemale02006-09-27 08:24:00
K-1 Fiance(e) Visa Process & ProceduresCan k-1 be used for undocumented residents


I was wondering if i should go about using a K-1 for my girlfriend but she is still living in the U.S... Would she have to leave or could i still go about with a K-1 while she is still here


Did she enter the US legally?


If she is here and entered with inspection and you are a US citizen you can marry and then file a Petition for Alien relative and AOS. No visa would be necessary.
diadromous mermaidFemale02006-09-26 12:56:00
K-1 Fiance(e) Visa Process & ProceduresRFE?

Hi there, I just recived an snail mail of my RFE, requestion the following three question to fill and send back, can anyone help me out on this, since they were asking for if

1) I had meed my fiance through any International Marriage Broker or not, did any have similar kind RFE and I did meet my fiance on indian matromonaly site online, so sud I have to to write that in reply of their question
2) 2nd question they are asking if I ever been convicted by a court law or court martialed by a military tribunal for any of the following crimes, since my record is very clear and I never been convicted any felony or law, so do I leave this question by it self since none of those crime apply to me listed on this question
3) 3rd question is If I have provide information about a conviction for a crime listed above and you were being batterd or subjected to extreme cruelty by your spouse, parent or adult child at the time your conviction, check all that following apply to you, so none of those apply to me sud I leave just like those 2 question and just answer the first question which apply to me and send back, will be ok?

any help will be priciated thanx


Gurdip,

Just how many RFE's did you receive? I think one post would be OK. Someone will reply. :)
diadromous mermaidFemale02006-09-28 16:47:00
K-1 Fiance(e) Visa Process & ProceduresUSC Background checks...



If the USC has any outstanding felony warrants, the background checks could result in some arrests.

:lol: That would be one foolish US citizen petitioner.... :lol:

<snicker>
Like it's never happened...

hey OP,
I've not completed an I-129f before. I know that one specific way the question is asked on the visa application is 'have you ever been arrested, charged etc etc'. People with dropped charges would still answer 'yes' in that case, so read your questions carefully.

And be glad you don't have to naturalize. It's even more arcane then.

"Have you ever committed a crime for which you have not been arrested?"
eek!

Aye! Like traffic violations. :)
diadromous mermaidFemale02006-09-28 15:31:00
K-1 Fiance(e) Visa Process & ProceduresUSC Background checks...


Well, under the IMBRA, a US citizen petitioner for a K1 or K3 must be able to meet the standards for a waiver, if he has been convicted of crimes of violence.


I was never actually convicted of anything, violent or otherwise. I was charged with child neglect (unfairly). Family court gave me conditions to comply with, which I did readily and then the charges were dropped without any conviction. As I noted above, I received an ACD - All Charges Dismissed. The kids throughout all of this remained in my sole custody. The application says I must disclose this, even if the record is sealed, which it is.

Based on these details, do you think I would qualify for a waiver? I feel so sick that my ex not only made life hard for me and my kids in the past, but now could also ruin a happy future for us.


With something as critical as successful petitioning, if you have any concerns about how to answer questions on a petition, it's advisable to confer with a competent immigration attorney, familiar with the new IMBRA requirements.

That being said, you can also familiarise yourself with the statutory requirements and adjudication standards noted in Michael Aytes' July 2006 IMBRA Implementation Guidance memo.

IMBRA provides that a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) or alien spouse (K-3) must submit with his or her Form I-129F information on any criminal convictions of the petitioner for any of the following “specified crimes”:
• Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.1
• Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of these crimes.
• Crimes relating to a controlled substance or alcohol where the petitioner has been convicted on at least three occasions and where such crimes did not arise from a single act.

If the petitioner indicates that he or she has been convicted by a court or by a military tribunal for one of the specified crimes by checking one or more of the boxes in Part C., question 2 of Form I-129F, or USCIS ascertains through relevant background checks that the petitioner has been convicted, the petitioner will be required to submit certified copies of all court and police records showing the charges and dispositions for every such conviction. This is required even if the petitioner’s records were sealed or otherwise cleared. Such information shall become part of the petitioner’s Form I-129F.

1 The terms ‘domestic violence’, ‘sexual assault’, ‘child abuse and neglect’, ‘dating violence’, ‘elder abuse’, and ‘stalking’ have the meaning given such terms in section 3 of VAWA 2005 (see attachment).
diadromous mermaidFemale02006-09-28 14:50:00
K-1 Fiance(e) Visa Process & ProceduresUSC Background checks...

If the USC has any outstanding felony warrants, the background checks could result in some arrests.

:lol: That would be one foolish US citizen petitioner.... :lol:
diadromous mermaidFemale02006-09-28 14:35:00
K-1 Fiance(e) Visa Process & ProceduresUSC Background checks...
Well, under the IMBRA, a US citizen petitioner for a K1 or K3 must be able to meet the standards for a waiver, if he has been convicted of crimes of violence.
diadromous mermaidFemale02006-09-28 14:22:00
K-1 Fiance(e) Visa Process & ProceduresHear-say question :D

I apologise if I'm not posting this in the correct forum.
A while back when we were getting ready to file I recall reading that sometimes couples come under scrutiny if the "address your fiancee intends to reside at" is the same as oh say, his parents.
This is the case for us currently because my fiance isn't planning to move out until I'm in the country. We just recently found a rental that will be ready and waiting for us whenever we get approved.

So I figure there's no need to change his address from his parents' because he's still living there while in school (he's 24, will graduate in spring) but will we have to explain anything to CIS or file for an address change later on? I'd be happy if we could leave the address the same (have his parents watch the mail) until processing is complete, then change the address after that.

Any advice?
Thankee kindly!



My understanding is that applications are to be filed in 'real time'. In other words, facts and information reported such as is the case at the time of submission. In that regard, you fiancée's address is the same as his parents. In addition to that, there is a requirement that a primary sponsor of the Affidavit of Support form (which your US citizen spouse will be upon completing the Adjustment of Status application) and the alien have responsibility to make address change notifications with USCIS within 10 days for the alien and 30 days for the sponsor. If you wish to retain your fiancée's parent's address for the duration, you'd still need to file the address change forms but noting "temporary" on the form. The form, if I am not mistaken, has an are where the permanent address would be reflected (parent's in this case). But please have a quick look at the AR-11, to confirm (it's been some time since I looked at it) to see if that would properly address your need.
diadromous mermaidFemale02006-10-02 20:26:00
K-1 Fiance(e) Visa Process & ProceduresNo Marriage For K1

:help: :help: My wife's friend recently immigrated to the US on a K1 visa and when she got here her fiancee decided he didn't want to get married. She has been here about 1 month does she have to return to China or can she marry another US citizen and Adjust status while staying in the US? Of course she only has about 60 days left, but I suppose it is possible to find and marry someone in that short of time.


The simple answer is no she cannot.
diadromous mermaidFemale02006-10-05 15:56:00
K-1 Fiance(e) Visa Process & ProceduresA Tricky Question... I need some 'exert' advice

Finally, looking at part of the staute - you have to parse out the intent - the language is "charge a fee" for the "service of matchmaking, dating, marriage, etc." - not "charge a fee" for "access to the site." You see the difference there is to make there? Match.com charges you a fee to access the site - they promise nothing - anything could happen and it depends on the contact you make with the other person - they may not answer you at all (and laugh at you too...ha). Some of these others (the ones I believe at which IMBR is directed) charge you a fee and guarantee you will meet others interested in dating/marriage, and you pay the fee to meet the people (or perhaps after you have a fiance or wife)...these are just my opinions, but I bet I am closer to the truth than further away; again, I would consult a good attorney (I can refer you to one if you like)...J



Have to agree here, as well. A consultation with an immigration attorney on this is wise, but despite the broad language of the statute, it appears to be honing in on those facilitators that receive revenue/fees from arranging a connection between clients or those that specialise in matching foreign-born individuals with US citizens and permanent residents.

I don't know how mail-order-bride entities operate, but I'd suspect a fee is paid for upfront, or pursuant to receiving leads? While some fee is paid to join Yahoo personals, Match.com, eHarmony etc. I'm not so sure that the distinction lies in the fact that the small fee is not to guarantee anything, other than the opportunity to review information on their site. I'd rather suspect that the True.com, Match.com, Yahoo personals and the ilk are exempt because they have not been found to specifically focus on "international connections". They may have many international clients, but they are not specialising in making that their raison d'etre, unlike, latinbrides.com (fictitious) that may not only concentrate but also hold themselves out to the public as performing a speciality international match-making service.
diadromous mermaidFemale02006-10-06 16:22:00
K-1 Fiance(e) Visa Process & ProceduresA Tricky Question... I need some 'exert' advice

Bill,

I am not a lawyer, but I have read a lot of the IMBRA information. (I'd check out the forum here, too; someone might be able to recommend a lawyer.)

4) INTERNATIONAL MARRIAGE BROKER.—
(A) IN GENERAL.—The term ‘‘international marriage broker’’ means a corporation, partnership, business, individual, or other legal entity, whether or not organized under any law of the United States, that charges fees for providing dating, matrimonial, matchmaking services, or social referrals between United States citizens or nationals or aliens lawfully admitted to the United States as permanent residents and foreign national clients by providing personal contact information or otherwise facilitating communication between individuals.
EXCEPTIONS.—Such term does not include—
(i) a traditional matchmaking organization of a cultural or religious nature that operates on a nonprofit
basis and otherwise operates in compliance with the laws of the countries in which it operates, including
the laws of the United States; or
(ii) an entity that provides dating services if its principal business is not to provide international dating
services between United States citizens or United States residents and foreign nationals and it charges
comparable rates and offers comparable services to all individuals it serves regardless of the individual’s
gender or country of citizenship





So the question is whether your dating site falls under the exemption in 4B(ii). To answer that we'd need to know:

Did you have to pay a fee to obtain your fiancé's contact information? (Do all Americans have to pay?)
Did she have to pay a fee in order to be contacted by you?
Are the fee relationships asymmetrical? (Is it that all of the foreign women pay fees to meet Americans, while Americans pay nothing, or the other way around, or is it not biased towards nationality?)
Is the point of the site to link up foreigners with Americans? (Could your wife have used the service to find a Thai man?)

From what you're saying here, it sounds as though the initial service is free, and both genders have to pay a fee to upgrade, and it doesn't matter whether the man or the woman has a paid profile as long as one of them does, and that leads me to think that your service falls under the exemption.

Again, not a lawyer. As for the RFE, I'd just explain it the situation with emphasis on why you think it doesn't fall under the exemption.


As I look at this element, this is how I read it:

(ii) an entity that provides dating services (a. ) if its principal business is not to provide international dating services between United States citizens or United States residents and foreign nationals
(b. )and it charges comparable rates and offers comparable services to all individuals it serves regardless of the individual’s gender or country of citizenship


(a. ) If the business entity has any involvement in facilitating social networking, it does not [b]focus
diadromous mermaidFemale02006-10-06 12:02:00
K-1 Fiance(e) Visa Process & ProceduresFiance visa to expire
My personal view on this is that the OP gained the information he needed and that's one perquisite of a forum like this. Granted, the K-1 visa is supposed to work to reunite people that wish to marry but the limitation of 90 days placed on the visa, and the inability for a K-1 to adjust through any other petitioner guard against its misuse. Frankly, I don't view anything in the OP's post to suggest that his fiancée is attempting to misuse the K-1, if she enters the country and chooses not to marry. If the marriage does not occur, there are specific requirements, either to leave, or to remain and adjust later ~ an option places more restrictions on her freedom and a few more doubts on her future than perhaps following the K-1 visa process might have incurred. Nonetheless, that is an option that is far better to opt for than to be pressured to marry when one or both parties are the least bit uncertain.

With the only requirement being a personal meeting in 24 months and nothing specified that this meeting occur in the future country of residence, it's conceivable that a beneficiary that hails from an area in the world where tourist visas are hard to come by might find other factors weigh in on the ease of making a decision as important as marriage. It's quite possible that she arrived here with all of the best intentions and yet feels cultural differences, distance, the absence of family member interactions and support, contemplation of a lengthy process prior to the ability to work or exit the country are playing more of a role than she anticipated. What's more important to the issue is that both parties enter the marriage with bona fide intent and with a view to making the marital union work for the long term.
diadromous mermaidFemale02006-10-01 09:45:00
K-1 Fiance(e) Visa Process & ProceduresFiance visa to expire


What is there to think about? She got a visa and got all affidavits swearing to get married within 90 days of entering the US and now she is not sure? Please send her ### back to where she came from and get another woman! People like this really annoy me.

Other people are waiting to get visas, and some of those who have them are playing with what they have.

I wish this visa would have taken 10 years to process, to give her enough time to think about whether to get married or not,once she gets here.

FYI, the assumption of the K-1 visa is that one is already decided on getting married at the time the initial I-129F is filed. Otherwise why call oneself a fiance?
------



In less than a month my fiance's K1 visa will expire. She want's to be sure about the marriage and does not want to marry just because of the 90 day requirement. I was ready to go ahead with the marriage but of course I am now worried if she is not ready.

She was thinking that she could staya and marry later. But she now understands that on day 91 she will be out of status and must return to her home country, or she is an illegal with probably no chance of ever getting permanent residency. If she returns to her home country, she is thinking that she can apply for a fiance or spouse visa later. I cannot imagine going through this process again, not to mention the expense.

Many questions arrise.

Can she request an extension of the K1?

If she returns to her home country, and we cancel the current K1, what is the likelyhood that another K1, or K3 spouse visa will be approved later on?

What is the likelyhood of her being approved for a tourist visa, so that we could see each other?

If she over stays and we marry a few months from now, I would think an application for adjustment of status would be shot down and she would be deported?


i second that, are you sure she actually wants to marry you for the right reasons? some wait years, you have it way to easy, and she obviously doesnt respect the "easy" route...


Hmm. I'd think it it were for the wrong reasons, she'd not hesitate to marry ;) As distasteful as it is for those that know they are appropriately ready to marry upon entry, not marrying for the sake of marrying can be a blessing to both.
diadromous mermaidFemale02006-09-30 17:50:00
K-1 Fiance(e) Visa Process & ProceduresFiance visa to expire

If a K-1 visa..... has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa


Chances are, if she left tomorrow, she could only return to her country and would have to be back and married in 30 days or less, in your case, and even that would be predicated on an immediate extension of the K-1. You said you are approaching 60 days already.
diadromous mermaidFemale02006-09-30 17:24:00
K-1 Fiance(e) Visa Process & ProceduresTourist visa in case of delay


Hey there

Well, my fiancee and I pondered this forever..thought about it..then made some calls and checked into it. She called the immigration people at the airport and they said that once she's in the 129F application (has a WAC# or NOA1), then its thought her travel on a visitor visa would not be allowed.

I read on the Immigration site that says all immigration offices believe everyone is intending to immigrate to the USA permanently..and its up to the people coming in who have to prove their true intentions..

soo..since you're targeting march..if you file now..you might make it..sorry but it takes forever..the fiancee visa..we're lookin at Oct after applying in May....we're approved. She's waiting on the embassy interview. Once that happens, she has the green light to come..!

hope that helps..

mike


I'm confused. You're profile says K-1, but then you are speaking of K-3. Which is it?
Thanks Mike, I presumed it would be a problem. Though I don't like the to wait we might be better off filing the 129F in March while in the States and then perhaps everything would be ready by September when we would like to return to the states for a couple of years. The priority is that we would both like to be in the States together from mid-March through May. It would be nice to get married in the states at that time but we don't want to have our travel schedule screwed up because of delays in the K1 processing. Perhaps a tourist visa is the solution for now.
Thanks again



If she comes into the country on a tourist visa, and then all of a sudden you are engaged and filing for a K-1 2 months later, you are going to have a problem, period, because they are going to assume you intended to do this the whole time to skirt the K1 immigration laws.


This isn't necessarily true.
diadromous mermaidFemale02006-10-09 08:03:00
K-1 Fiance(e) Visa Process & ProceduresUSA Entry With My Fiancee?

My fiancee passed her interview at the US Embassy in Manila, received her visa and was approved to come to the USA on a K1 Fiancee visa. I purchased plane tickets for myself and my fiancee and I will be leaving in October to the Philippines where I will stay for 2 weeks to help my fiancee pack her belongings and to spend time with her family before we fly back to gether to the US. Am I allowed to escort my fiancee back into the US ? Or does she have to fly here alone? I am asking because someone from this site said they did not think that was allowed and that my fiancee would have to fly to the US alone. Is that true? Does anyone know the answer to that. I never heard of such a thing.


I'm sure you can fly with your fiancée, and I didn't see the comment you're referring to, but perhaps it was suggested that you might not be able to be with her during any inspection. Typically, there are 2 lines at the POE, one for US residents, and one for others. While I've not tried it, myself, I can't imagine why a US citizen couldn't go through the "others' line. Perhaps someone who has tried or done it will respond.
diadromous mermaidFemale02006-09-27 20:37:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

SirLancelot,

Yes, thanks for adding that.

Yodrak


CAM,

Yes, the US government has said what makes a marriage 'legal' - if the marriage is recognized by the government of the place where it was performed, it is recognized by the USA for immigraton purposes.

Yodrak

Hi im the op..... Like I said the U.S. state department defines a spouse as someone who is legally married to another. however the state department does not say what makes a MARRIAGE legal...atleast not that I can find. ......


EXCEPT homosexual marriages. The US is under NO obligations to recognize gay marriages from the Netherlands or Canada which both offer legalized gay marriages.

...and multiples :)
diadromous mermaidFemale02006-10-20 07:01:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

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

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

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



Well, it's a bit of a mixture of both intellectual and practical, I believe :). But should it take this discourse off course, I'd be more than happy to continue this in PM, if you wish.

After following this discussion for a while, it made me think. I'm just wondering about implications, broad implications, if you will, of a layperson *considering* whether his/her marriage is legal or not. We've been involved in discussing that a religious ceremony, absent the certificate and registry part of the normal legal marriage process, is perceived in many places as simply a celebration, blessing, and not a legal union (though I suspect there are places in the world that this may not be the case. India comes to my mind, for example, if I'm not mistaken) and as such it might not violate the terms of entry under a K1 visa. I brought up the notion of putative spouse arrangements or common-law, because neither really involve solemnising, or registering (although there is to be some sort of agreement between parties, but it doesn't have to even be in written form) and yet both are considered marriage. I wonder if it is entirely possible that a US citizen and an alien entering on a K1 might have engaged in behaviour that could be a legal marriage, and the alien or US citizen doesn't know it.
diadromous mermaidFemale02006-10-19 12:13:00
K-1 Fiance(e) Visa Process & Procedureslegally married?


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

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



The commentary you've offered has been focused on how a non-legally binding religious ceremony would not compromise the legal restrictions that the K1 visa carries. I'd be interested in knowing if your impression would be any different, say, in the case of a couple that had applied for a K1, and resided overseas together for some time, in a country where common-law marriage or putative marriage arrangements exist?
diadromous mermaidFemale02006-10-19 11:03:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

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

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

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

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

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

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


Whether the law as it is written supports the alien's compliance with the K-1 visa terms or not, if something were to go awry at the POE, there's a whole heck of a lot of delay and trouble involved. Now, in this case, if the marriage is indeed not legally binding, yet somehow the CBP agent becomes aware of it at the POE, what would an alien do to prove it, and more importantly, should the CBP decide to refuse entry, and the alien is back on the next plane out, what immigration court will the alien stand in in order to prove that the law was not followed?
diadromous mermaidFemale02006-10-18 17:28:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

Again, to each couple their journey…

I don’t think the OP is the first, nor the last person that will have a ceremony in their home country. And let’s get real people, asking if you are legally free to marry someone is NOT asked at POE, so if it’s not asked and not volunteered you should have absolutely no problems entering the US.

I think the OP is aware of the situation, and the consequences of having a ceremony in Brazil. I would think that they will not wear their wedding bands, not use Mr and Mrs such and such, and all the other tell-tale signs that a ceremony took place. As I would think that they will not use the pictures for AOS evidence. I am not talking about people in general, I am talking specifically about the OP.

I KNOW you’re not supposed to get married before entering the US (and so does the OP), but since a religious ceremony is NOT a legal marriage in Brazil, they are NOT doing anything wrong. They just have to be aware of this.

I frankly don’t know why this is bothering me so much, I am cranky today and this topic has made me crankier (and I cant stop coming back to read more and get more fired up!!!). I just think that if this ceremony will make the bride happy, because it will let her share the experience with her loved ones, then who are we to tell her NOT to do it, when there are ways to work around it?

It's at times like this that the archives are sadly missed. :) Nonetheless, if I recall the details properly, I'll try to relate. There is a member who attempted a similar thing, getting 'married' so that she could spend time alone with her betrothed while in his country awaiting the visa, but not legally so that the terms of the K-1 fiancé visa would not be violated. Anyway, all things appeared to be fine...she returned to the USA, fiancé was to follow. When he encountered the CBP at the POE, and bear in mind his command of English was that of a foreigner, not as fluent as a native, he was asked a couple of questions, and he slipped by referring to his petitioner as his "wife". From there, things went from 'bad to worse' and before he knew it he was being removed, placed in detention for the next plane the following day. It was a nightmare...and all over a word, that in his mind conveyed quite a different meaning, and he explained it all to the POE agent but to no avail. Whether the CBP was correct or not (I believe there was some question as to whether the subsequent removal procedure had been handled appropriately or not) but regardless, he could not prove that he wasn't married, and all the CBP officer had to remind him of was that he was attempting to enter the country on a fiancé visa, and that was not the correct document for a married person.
diadromous mermaidFemale02006-10-18 12:22:00
K-1 Fiance(e) Visa Process & Procedureslegally married?

Again, to each couple their journey…

I don’t think the OP is the first, nor the last person that will have a ceremony in their home country. And let’s get real people, asking if you are legally free to marry someone is NOT asked at POE, so if it’s not asked and not volunteered you should have absolutely no problems entering the US.

I think the OP is aware of the situation, and the consequences of having a ceremony in Brazil. I would think that they will not wear their wedding bands, not use Mr and Mrs such and such, and all the other tell-tale signs that a ceremony took place. As I would think that they will not use the pictures for AOS evidence. I am not talking about people in general, I am talking specifically about the OP.

I KNOW you’re not supposed to get married before entering the US (and so does the OP), but since a religious ceremony is NOT a legal marriage in Brazil, they are NOT doing anything wrong. They just have to be aware of this.

I frankly don’t know why this is bothering me so much, I am cranky today and this topic has made me crankier (and I cant stop coming back to read more and get more fired up!!!). I just think that if this ceremony will make the bride happy, because it will let her share the experience with her loved ones, then who are we to tell her NOT to do it, when there are ways to work around it?


diadromous mermaidFemale02006-10-18 12:15:00
K-1 Fiance(e) Visa Process & Procedureslegally married?




Then get married there and apply for CR1/K3.


And wait longer?


There are advantages and disadvantages to any choice. It's possible that you can't have everything and will have to set some priorities. My reasoning is that any safe choice outweighs the possibility of being turned away at the POE.



And my reasoning, is that you dont have to tell them at POE.



To reiterate Yodrak, one can "tell" the POE agent much without uttering a word, or showing photographs. For example, a new wife, thrilled to be married in the eyes of the church replaces her name tags on her suitcases, and carry on bags to feature her new married name, wears the wedding band they picked out together, answers to Mrs. Such-and-such, by accident. Many of these things are not only possible, but quite likely, unless one is rehearsed, and rehearsing can compromise "natural behaviour".
diadromous mermaidFemale02006-10-18 11:12:00
K-1 Fiance(e) Visa Process & Procedureslegally married?
As well prepared as you are, don't overlook the human element either. After exchanging vows even if purely religious and not legal, you have to be sure you don't slip and refer to each other as husband or wife, in one of your deep and longing post-marital gazes in front of the POE agent. We have a member, (brokenheart?), who is living the harsh consequences of her fiancé's slip of tongue at the POE.

Edited by diadromous mermaid, 15 October 2006 - 06:20 PM.

diadromous mermaidFemale02006-10-15 18:18:00
K-1 Fiance(e) Visa Process & ProceduresDeath in the Family

Hi Everyone,

Sadly my fiance's mother died last week. I wanted to know if this has happened to anyone while their case was waiting to be approved (I hope not) but if so...what did they do?
Should I call USCIS?
I know that her untimely death has nothing to do with his and my visa application but I wondered anyway...
The information we put down about her, name, dob, place of birth, etc. is all correct and the address we wrote is her last address.
I just wondered if I should call and tell them to make a note on our application.

However, I don't want them to ask for a death certificate and have that put our process off even longer (I'm already sick of waiting - it's been 5 weeks). I don't know if my fiance has one yet and then we would have to have it translated.

On the other hand, could I ask that my case be expedited because of this loss. My fiance needs me even more now...

Thanks so much.



As tempting as it might feel to try to expedite the petition, chances are it won't happen. I know you can comfort your fiancé and offer support from here, he's probably going to appreciate being with the rest of his family through this difficult time. Your time will come.. :)
diadromous mermaidFemale02006-10-22 18:49:00
K-1 Fiance(e) Visa Process & ProceduresK2 for my 18.5 yr son and AOS

i.e your marriage must take place before he reaches the age of 21 for him to qualify for K2 on the basis of your K1.



Marriage prohibits a child from entering the USA on a K2 visa. A K2 is the derivative beneficiary of a K1, fiancé, i.e. no marriage has takne place yet :)

Edited by diadromous mermaid, 01 November 2006 - 07:36 PM.

diadromous mermaidFemale02006-11-01 19:35:00
K-1 Fiance(e) Visa Process & ProceduresK2 for my 18.5 yr son and AOS

My son is now 18.5 yrs old. He is waiting for a K2 as derivative of my K1. Then we plan to travel to the US and get married to my US citizen fiance. We have been talking to attorneys about AOS for my son. They just cant seem to agree! Some say he can AOS even though he is over 18 at the time of marriage some say he cannot because marriage must take place before he was 18 for him to AOS although he can get K2. Will anyone with experience bringing older kids in help please? Tell me wha your experience was.



One lawyer is confused. For K-1, a child can be under 21 in order to qualify as a K-2, but beware, and do some research on here under Girona40, since it seems some AOs are creating some trouble with AOS after the child's 21st birthday.

The lawyer that spoke of the 18 year limit was confusing this with filing an 1-130, Petition for Alien Relative (after a marriage has occured), I believe. In regards to an I-130, the child is being petitioned as a stepchild, and per INA, a stepchild whether or not born out of wedlock, is a child that had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred.
diadromous mermaidFemale02006-11-01 19:31:00
K-1 Fiance(e) Visa Process & ProceduresHelp - Stuck in No man's land!



Yesterday, both of my husband and I went to the U.S. embassy here in Kuala Lumpur to ask for advice. We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.


Have you enquired with the folks there to see if they will process DCF?


They did offer it to her.

biribiri, if your husband files I-130 at KL, you can apply for an Immigrant Visa there. That will be the fastest way back to the US for you, but you will have to get the police certs and medical redone.

It should still cost less and be much faster than filing AOS would've been for you in the US, and will be faster than any K-3 application.
Hopefully your husband has not yet left Malaysia.


Yes, after asking, I re-read where she said that very thing! I need reading glasses :lol:

We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.


diadromous mermaidFemale02006-11-13 17:11:00
K-1 Fiance(e) Visa Process & ProceduresHelp - Stuck in No man's land!

I am a Malaysian and married to a U.S. citizen. The following is a brief chronology of events of what happened to us:

10 Oct 06 - Received K1 visa from my embassy.

28 Oct 06 – I travelled and entered the U.S.

6 Nov 06 – My mother died. We got married (paper wedding) on the same day. However, we could not file any papers for Adjustment of status due to lack of time.

6 Nov 06 – caught flight home to Malaysia for Mom's funeral

16 Dec 06 – Our Church wedding ceremony date in the U.S.

Before I left the U.S., I tried to file my AOS papers on a spceial case basis. We were rejected and told we had to do it by mail.

Yesterday, both of my husband and I went to the U.S. embassy here in Kuala Lumpur to ask for advice. We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.

The trouble is, we were told that I need to apply for my police certificate of good conduct from the U.K. and Malaysia all over again even though I just submitted one last month for the K1 visa! The officer told me they only accept original police certificates and anyway, all the paperwork was submitted by me to the U.S. side when I entered the U.S. last month. Now the problem is that in order for us to get fresh police certificates, it would take at least 6-8 weeks and we don't have time to do so before the wedding church ceremony on 16 Dec. (which is just a religious ceremony for the benefit of family since we are already legally married) and all my family members have paid a lot of money on flights and I have also sunk in a lot of money for the church ceremony and honeymoon plans.

What do you think are our options? Is there anyone out there who has gone through this before?



Have you enquired with the folks there to see if they will process DCF?
diadromous mermaidFemale02006-11-13 16:25:00
K-1 Fiance(e) Visa Process & ProceduresI am back

Hope this works out for you this time Joe. I know how hard it is to find the right person. :)

However, did you think you could just post an opening like this and not receive ANY negative response? Could you have maybe left all that stuff out about the ex? I mean, you know that only opens the floodgate for negative comments and judgmental opinions. Just a thought, yanno?



KarenCee,

I'm curious. How is JVMilan's reference to a former fiancé any different to any member's reference to a former marriage? ;)
diadromous mermaidFemale02006-11-13 10:06:00
K-1 Fiance(e) Visa Process & ProceduresI am back


... In point of fact, I suppose I would like to make the distinction that the two (bitterness and wishing another well) are not necessarily mutually exclusive.


Well, bitterness or whatever, don't you think the phrase 'suffering their fate' is just a bit....well.....creepy?


No, not at all :) The ex-fiancée chose her path, and whatever comes of that is her own issue. JVMilan owes her no further emotional energy, as it is evident she expended none on him. I think the comment was rather factual, and yet, JVMilan is still able to offer both the fiancee and her family the best of luck with whatever consequences come from her choices.
diadromous mermaidFemale02006-11-09 17:43:00