Forum	Title	Content	Member	Sex	Country	Date/Time
K-3 Spouse Visa Process & Procedures	Age Discrimination and Denials	I'm the USC and 20 years older than my Canadian husband. It has crossed my mind that it may look like I'm being played for a greencard. On the other hand, he's my fourth husband, so perhaps I should be more worried about being perceived as a polygamist. In the end, each story is unique. If the relationship is genuine, and you have all the proper documents, you shouldn't worry. It may be that in some cultures a younger man would not want to marry someone older. But as far as I know, Consulate officials judge cases based on U.S. immigration procedures and not local customs. Good sense of humour, but I doubt it would be polygamy unless hubbies one, two and three were all at the same time On a serious note, scrutiny of age differences may be commonplace in all consulates as are other signals, regardless of local custom, but that its overcome with sufficient evidence of a bona fide relationship. I think certain conulates look at some of the classic "red flags" because of the higher incidence and frequency of fraud.	diadromous mermaid	Female	0	2006-06-09 21:01:00
K-3 Spouse Visa Process & Procedures	Can you relieve a cosignor of his duty under an affidavit of support?	If a person gets a cosignor for the affidavit of support becuase he doesn't meet the income requirements, then not too much later, the US spouse does meet the income requirements, can the US spouse assume the duty to support his wife, thereby releasing the cosignor from his affidavit of support? Thanks It's moot, really, because technically even though you required a joint sponsor, you are always the primary sponsor. The rank for recovery of any benefits charged by any agency (should they choose to pursue it) would be YOU, then the joint sponsor. If you are earning above the 125% level and the agency wished, they could make sure you paid up.	diadromous mermaid	Female	0	2006-05-07 18:27:00
K-3 Spouse Visa Process & Procedures	Marriage didn't work. Overstay and re-entry questions.	dmartmar, He also wrote that he cancelled the AOS interview and left the country. If the USCIS has closed the AOS case then the AP may be useless, possibly for either of two reasons: - no pending AOS removes the basis for the AP (not sure about that one), or - if the AOS case has been denied (possible, as a result of having cancelled the interview) then the pending days have become overstay days, and if the overstay days are sufficient to incur a ban - AP does not overcome a ban. Don't know from the posts - at least I didn't pick it up - what the status of the AOS application is or how many days it has been or was pending. Yodrak What I don't understand is why the OP's worrying so much, when she obviously states she left on AP. Did anybody miss that? No pending adjustment means that there can be no status for which parole could be advanced to the alien. So AP would fall with the application that has been withdrawn	diadromous mermaid	Female	0	2006-06-21 21:21:00
K-3 Spouse Visa Process & Procedures	Marriage didn't work. Overstay and re-entry questions.	Overstays during AOS are generally forgiven when lawful permanent resident status is granted in that the AOS is approved; without AOS, the overstay stands and since it was for a period of four months, you may be facing a ban. Four months is a significant amount. This is where the ban factors in, as overstays do result in bans. Using the word "ban" in your post suggests that the OP's overstay is a bar on future admissibility. In fact, overstays of less than 180 days do not trigger such a bar. Your lawyer is correct in that it was not illegal to come in, marry on the spur of the moment, and adjust, provided there was no prior intent. You gave up your chance to prove there was no prior intent by not adjusting status and attending the interview, and what I am giving you is the worst-case scenario with a ban. And abandoning the adjustment process *could* also demonstrate that there was no immigrant intent after the marriage began to fail. No matter what the case, you are no longer eligible for the VWP because of your overstay-that much is quite concrete-and you may or may not be eligible for a tourist visa. It depends on what you can and can't prove to the consular officer when you apply for a tourist visa, and whether or not that consular officer believes you. I do think your lawyer has a good grasp of what is going on in that he has thus far advised you correctly, so if I were you, I would retain him when applying for your future tourist visa! Good luck! An overstay of even one day on VWP, that would be to stay in the USA for 91 days as opposed to the 90 days permitted on VWP, however, does mean that the OP would have to apply for a tourist visa to visit the US in the future.	diadromous mermaid	Female	0	2006-06-21 06:41:00
K-3 Spouse Visa Process & Procedures	Getting rid of attorney	Hey fellow-suffers, I am sure there must be others who must have felt the urge to fire their attorney and do things themselves. I was very unsure of this process and hence hired an immigration attorney who is not doing anything. For example, the NVC reports that it sent out an affidavit of support and immigration visa fee bill to my attorney over 3 weeks ago and my attorney is not entertaining my inquiries. After reading the forums, I feel confident enough to take this on myself -- especially use James's NVC Shortcuts :-). So my question -- since my attorney is my current agent, how do I go about changing that at NVC? Also, has anyone fired their attorney? Anything I should watch out for? Is there a recomended process (if there is, then that's pretty scary <grin>). Thanks in advance, KP Not knowing if there are any intricacies in KP's case, wmhurd, don't you feel it irresponsible to recommend that Ken "ditch the witch and do the paperwork" himself? If an attorney is not responding to your enquiries, a brief visit to his office is always recommended. That's not to suggest that the attorney continue to represent you, but being busy is not always an indication of incompetence, in fact, it could be the reverse. Good attorneys can be inundated, because they're good. If you feel as though your case is not being given enough attention, address that matter with your counsel, and if he or she has no immediate resolution, then ask if there is another he'd recommend. If you do decide to discontinue representation, you can do that in a simply conversation. Beware, retained fees may not always be refundable in full, but you can certainly request an itemisation of the work already performed and hold the practice to that fee, and only that. Edited by diadromous mermaid, 09 July 2006 - 09:23 PM.	diadromous mermaid	Female	0	2006-07-09 21:22:00
K-3 Spouse Visa Process & Procedures	entering on tourist visa, marry and then adjusting status	If you do go this route, I would certainly recommend you consult a lawyer first. Nothing like leaving some clearly damning evidence behind	diadromous mermaid	Female	0	2006-07-12 07:14:00
K-3 Spouse Visa Process & Procedures	entering on tourist visa, marry and then adjusting status	Hello folks, I was speaking with someone the other day who told me one of their friends came to the USA on a tourist visa, married someone, got their work permit, then adjusted their status to a conditional permanent resident. Their next step would be to remove their conditional status after two years (like fiancee visa). I didn't think that it was possible or legal to do this. I was also under the impression if the beneficiary enters on a tourist visa, it is the petitioner's burden to prove that the beneficiary did not enter the country with the purpose of getting married to them. I would like your opinions as to whether this legal to do, or is even possible. Would the analysis be any different if they were entering on a student visa? Thank you for your assistance. It's legal as long as it is not planned. Impromptu weddings while visiting do occur and there are procedures in place to adjust after having done so. The difference is in whether the plan was hatched prior to arrival.	diadromous mermaid	Female	0	2006-07-12 06:44:00
K-3 Spouse Visa Process & Procedures	K3 visa for perm legal resident ?	Hi I am about to start the K3 application for my new wife [UK citz] . I am green card holder since 1997 and do not wish to become a US citizen. All the research I have done refers to USC - is there a different application or process when the sponsor is a LPR.? Are the processing times similar or will I be a ;second class; applicant? one other question is - I was absent from the us for the last tax year due to family berevement and thus have no US based income from that year - I know that I must prove income support for the K3 and need advice how to best present my situation to CIS - I have substancial cash assets and pensions that will be transfered to US eventually - can this be taken into account inlieu of proven income history Thanks The K visa is not appropriate for an LPR, but you should read the process for petitioning a spouse (advance admission V visa type) here: http://www.uscis.gov...ifevvisarel.htm and normal I-130 process here, http://www.uscis.gov.../spouselive.htm Edited by diadromous mermaid, 08 August 2006 - 03:50 PM.	diadromous mermaid	Female	0	2006-08-08 15:47:00
K-3 Spouse Visa Process & Procedures	Uk guy, got married in usa.. MAJOR help needed	Nikkisprecious, You have two options. Proceed with the K-3 and be prepared to wait for the visa in the UK, then return and adjust status for permanent residency, or attempt to adjust status while still here with the understanding that until approved your landlocked and that if it were to be denied there is no appeal opportunity. For most, the adjustment while here is a good prospect, especially when the marriage was impromptu and unplanned on the last visit. To address the confusion in the answers you received to your enquiries, the attorney's advice not to attempt to enter the USA from the UK, while awaiting the K-3 visa, on VWP was likely due to the combination of successive visits on VWP and now your immigrant intent is clearly demonstrated by a petition for the K-3. Not one, but a combination of the two, I'd suspect. What you should be aware of in terms of success in adjustment of status while in the USA, after entering on VWP is that it not appear to the adjudicating officer that the VWP was used as a quick way to circumvent procedures and the waiting time for a proper immigrant visa. Often the state of an alien's affairs when he/she last entered the USA can indicate whether or not any circumvention was undertaken. The tricky part of adjusting in the USA after arriving on VWP is that if an alien quit his job, sold his house and gave the cat to the next door neighbour before travelling to the USA on VWP and then attempts to adjust, it can look as though preparations had been made and that it was not impromptu.	diadromous mermaid	Female	0	2006-08-25 19:38:00
K-3 Spouse Visa Process & Procedures	He divored his wife after our marriage?	Also i wanted to add that even though we got married in US, but it was a religious marriage, and we got it registered here in lebanon. Only a religious ceremony in the US? How could you reigster the US marriage in Lebanon without a signed marriage certificate issued by the person that solemnised the union?	diadromous mermaid	Female	0	2006-09-01 07:04:00
K-3 Spouse Visa Process & Procedures	He divored his wife after our marriage?	Very astute, mermaid. Not only is polygamy against the law in the U.S., but it's a deal breaker when petitioning for a visa. But weren't they asked at the marriage license stage to produce proof that the previous marriage was dissolved? I had to in New Jersey. Conjecture on my part, of course, but something inherent in this statement leads me to wonder if hasana's husband questioned whether it (the former marriage) was legal in the first place. "he had a wife prior to our marriage and he had divorced her islamically(His prior marriage was due to social pressures from family and parents and he never consumated it) but had not registered his divorce with the authorities, later after we came here he got it registered." Ergo no need to declare? Perhaps the OP will fill in the blanks.	diadromous mermaid	Female	0	2006-08-29 16:19:00
K-3 Spouse Visa Process & Procedures	He divored his wife after our marriage?	As I am Muslim, I can understand where you are coming from. I do know US law only recognizes 1 marriage at a time. For instance, if a man has 2 wives, he could only file for the 1st wife to come to the US. According to the instructions on the I-130 you must show documentation that all prior marriages were legally terminated. So you may still be OK, since he has already legally ended all other marriages, and is only married to you. In my opinion, I can't see that you would have to remarry, because there are scores of countries around the world that recognize polygamy. So, I'm not sure it would be fair to make some one remarry his wife after they have been married for say 30 years, and then have to go through the conditional residence status scenario. Another thing to think about for additional supporting evidence, is since he did Islamically divorce his other wife some time ago, maybe he could have the witnesses (possibly a shiekh or imam) sign an affadavit stating when/where he divorced her. But I would definitely consult an immigration attorney before you file anything. I wish you the best. OK ptcruuizer, but the way I read the initial post, the parties were married in the USA. Perhaps, that was not the case, but I am led to believe this due to the wording "I got married to a lebanese friend moved to Lebanon". If that were the case, since the US does NOT recognise polygamous unions, then without a divorce decree, the current marriage may be void. Perhaps some clarification is needed from hasana.	diadromous mermaid	Female	0	2006-08-29 14:30:00
K-3 Spouse Visa Process & Procedures	He divored his wife after our marriage?	HI All, I am a US citizen and I got married to a lebanese friend moved to Lebanon with him, he had a wife prior to our marriage and he had divorced her islamically(His prior marriage was due to social pressures from family and parents and he never consumated it) but had not registered his divorce with the authorities, later after we came here he got it registered. i was never worried about this thing, however now after 3 years of marriage, due to all the problems going on in this part of the world, we want to move to US. So Do I have a chance to take my husband to US on immigrant visa? As registration date of divorce is later then that of our marriage, Is my marriage acceptable to US immigration authorities? Is there any thing that i can do before i and my husband can be illegible for an marriage based immigration? I will be very grateful of any help, Hasana! I'm not familiar with islamic custom for marriages, and what is required, but typically, for a marriage to be considered valid, all prior marriages must be terminated legally. In the event that you married before that was done, I'd imagine your marriage to be void. You could remarry. Better speak with someone familiar with marriage requirements in Lebanon before doing anything.	diadromous mermaid	Female	0	2006-08-29 06:57:00
K-3 Spouse Visa Process & Procedures	re-filing for future husband	The petition was not found at the NVC, nor with immigration. This seems a bit tad strange. Would anyone agree? Maybe they told you this on purpose, to see what your next move will be. Sheesh! In the groove again. Have you ever considered how many MAOIs it might take to reroute those thoughts?	diadromous mermaid	Female	0	2006-09-02 20:08:00
K-3 Spouse Visa Process & Procedures	Disabled Citizen and German husband making the move	Obviously I don't want to inadvertedly shut any doors before I get one wheel through! Actually, I'm not aware of any special dispensations. Having lived in Germany and earned under the required figure to file US tax returns, you should not be required to provide them and can simply note that you had no requirement to file US tax returns on your submission. Edited by diadromous mermaid, 04 September 2006 - 02:26 PM.	diadromous mermaid	Female	0	2006-09-04 14:25:00
K-3 Spouse Visa Process & Procedures	Divorcing to apply for K-1 instead	diadromous mermaid, I agree with most of what you wrote, with the exception of the piece about location and potential delay. We are talking about breaking a matrimonial bond, for convenience. unforgivable in my book. If the relationship is good, why would anyone in their right mind divorce for visa benefits? Patience is a virtue! That and...Chances are, memorialising a divorce overseas will take longer than if both parties were in the USA. Where are the parties, anyway? Is this a particularly slow consular region that they suspect they're not in the homestretch? Why would an additional K submission move along at any faster pace? My understanding is that you're friends are already well into the process. Why start over? More fees, more uncertainty. It's certainly a circuitous route to just about the same place. in my estimation. Well, I thought I covered all that had been suggested with my "that and"...but you and I may not believe it's what married people should do, but then 'different strokes for different folks', I guess. Nonetheless, as Hibiscus would say, presenting the same facts in a different light can bring about some rather astonishing results. Maybe it's testament to how so very much they love each other that they'd divorce to be 'together sooner'. <inside joke> for those who've not been on the other thread. Not to worry, I'll bonk myself for saying that! mermaid <--------	diadromous mermaid	Female	0	2006-09-18 22:43:00
K-3 Spouse Visa Process & Procedures	Divorcing to apply for K-1 instead	Hi everyone: just have a question im trying to help someone and they asked me they are married newly weds and they feel that the K-3 process is taking so long and they were told if they get divorced the can reapply for the K-1 which they were told is much faster im not sure what to say to them any feedback that could help me explain more to them would be appreciated they are now waiting for the NOA 2 for the I-130 which i believe will come soon I'm at a loss of what to say to them That and...Chances are, memorialising a divorce overseas will take longer than if both parties were in the USA. Where are the parties, anyway? Is this a particularly slow consular region that they suspect they're not in the homestretch? Why would an additional K submission move along at any faster pace? My understanding is that you're friends are already well into the process. Why start over? More fees, more uncertainty. It's certainly a circuitous route to just about the same place. in my estimation.	diadromous mermaid	Female	0	2006-09-18 22:08:00
K-3 Spouse Visa Process & Procedures	i have probs:( anyone help me plzzz???	Hi there!!! im japanese and i have been waiting for visa since march so patiently with my 8 month old son, but even 2nd step has not done yet!!!! this is too long!! anyways my husband is in tx hes in the army, and we just found out hes going to iraq next month for over a year so i need to see him by all means before he leaves!! i asked embassy if i can enter the us in this situation, they said yes as long as i can prove that i sure come back to japan. but im kinda worried immigration might give me hard time. so i wonder anyone did this before?? goin to see ur spouse while waiting for visa??? what should i bring to prove that i dont stay there?? and can i extend my entering the us after i get visa? til he comes back... or i have to start over again later?? sorry my english is not right but im just desperate now!! anyone helpppppp Is the baby going with you?	diadromous mermaid	Female	0	2006-09-19 11:45:00
K-3 Spouse Visa Process & Procedures	G325A Question	Hi, I'm a bit confused about which name to use on my g325A. I am divorced but still using my old married name because I want my children and I to have the same last name. On the G325A it asks for family name which I'm assuming is the maiden name they are requesting. My passport has my old married name on it along with my maiden name as the middle name but the documents from which we were married have my maiden name on them since that is what was on my birth certificate. India law required them use the name on my birth certificate to approve the marriage certificate. So which name do I use on the G325A? Thanks. Family name would be your maiden name. There's a place on the G325 to record any other names used, as in former marriage-related names.	diadromous mermaid	Female	0	2006-09-26 15:29:00
K-3 Spouse Visa Process & Procedures	One tough question which needs answer. Please help!	Hi all, I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No). I hired a lawyer in my past and I have no idea if he did or didn't. Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well? I wish I know but that lawyer I hired had moved and I don't have anyways to contact him. What should I answer or do? Thanks everyone for your help and support. Greatly appreciated! - Peter That would be a definite YES! Hope that helps, and you will also have to claim her on your affidavit of support down the road as well, as you are responsible for her until she is a legal citizen, dies, or attains 40 quarters of work time here in the U.S. which is roughly equivalent to 10 years worth of work. ...or is denied, or leaves the country permanently Edited by diadromous mermaid, 10 October 2006 - 10:25 AM.	diadromous mermaid	Female	0	2006-10-10 10:24:00
K-3 Spouse Visa Process & Procedures	One tough question which needs answer. Please help!	Hi all, I been searching every topic in this website for help regarding to a situation I have. Five years ago, I hired a lawyer to apply K-1 for my ex-wife. It was successful applying for K-1 but later we had problems in the relationship which lead to an end. Now, I am re-marry again and my current spouse is located in China. I'm planning on filing the I-130 to apply for her. There is a question in this application which troubles me. Question D #2. (Have you ever before filed a petition for this or any other alien? Yes or No). Yes, for another alien. Beside, this is a for a K-3 and not for K-1. Which answer would I fall under? Also, what about form I-129F? It has this same question about did I ever file this I-129F before as well? Yes, on the I-129F as well, for another alien.	diadromous mermaid	Female	0	2006-10-10 10:22:00
K-3 Spouse Visa Process & Procedures	Our K3 is expiring and we do not have IR1 process done yet.	I agree with ziggy and meauxna. The K-3 visa has a validity period of 24 months, and then it expires. Inherent in that is that before that validity period elapses, the alien would adjust status, hence no need for the K-3 visa, since AOS brings with it the opportunity for Advance Parole. An extension would simply cover an alien who entered on a K-visa and is unable to adjust, yet does not want to fall out of status. If such an alien were to leave the country, there'd be no visa to return. Except, I think if the OP were to check on the current status of his approved I-130 (I hope I'm not confusing members here!) to see if it's still valid, couldn't his wife leave the USA without worrying about her K-3 visa and re-enter on the IR-1 after the consul interviews her?	diadromous mermaid	Female	0	2006-10-15 18:52:00
K-3 Spouse Visa Process & Procedures	I got a letter today =0(	Sorry about the bad news. I am afraid additional review, further processing etc means administrative review which can take from 2 weeks to 6 months. You just needs to hold in there. I feel it would not take such a long time and would get approved soon. I-130 and I-129F are done at different center and through different processes. Not necessarily that I-129F has been put under review and I -130 can not get approved. You just need to hang in there Kind Regards, Shakil Sounds like Administrative Review to me...and there is no accurate projection as to how long it will take. It will be when it will be.	diadromous mermaid	Female	0	2006-11-01 12:50:00
K-3 Spouse Visa Process & Procedures	She already has tourist Visa. What's next?	I suppose there are cases where this has been possible, but again strong ties to one's home country, regardless of the marriage to a USC would be the factor, in my opinion. If an alien with a tourist visa and a pending immigration case were married, for example, to a USC in the military and stationed in the alien's country....travel to the USA, incidentally, might not be viewed in the same way.	diadromous mermaid	Female	0	2006-11-02 09:26:00
K-3 Spouse Visa Process & Procedures	I'm illegal alien and she is on social security welfare. Who would pay the fees and how?	You might want to stop calling yourself an illegal alien and use the term "out of status" instead. An alien that never had status to begin with would not be correct in referring to himself or herself as "out of status". Illegal or unlawfully present would be correct in that case.	diadromous mermaid	Female	0	2007-01-17 14:51:00
K-3 Spouse Visa Process & Procedures	FRAUD SUSPICION	HELLO GOOD PEOPLE OF VJ.IM A NEWBIE SO PLEASE BE PATIENT WITH MY QUESTIONS AND PROVIDE OPINIONS IF YOU HAVE ANY.THE UTTER ARROGANCE OF SOME CONSULAR OFFICERS IS SCARY AND THATS WHY IM ASKING THE QUESTIONS.I MET MY WIFE IN BOGOTA IN LATE FEB.2006.OBVIOUSLY THERE WAS INTEREST IN BOTH OF US.I WAS THERE FOR TWO WEEKS AND RETURNED HOME TO FL.AFTER A FEW WEKS SHE WANTED TO COME TO THE US WITH A TOURIST VISA TO KNOW THE USA AND TO KNOW ME BETTER.AS IS NORMAL IN MOSTS POSTS SHE WAS DENIED.IN A FEW MORE WEEKS SHE HAD AN INVITATION FROM HER BOSS TO COME TO MIAMI ON BUSINESS.AGAIN DENIED.SO I DECIDED TO RETURN TO BOGOTA TO KNOW HER BETTER.I SPENT TWO MONTHS THERE AND WE REALLY FELL IN LOVE.BECAUSE OF HER DAUGHTER 18TH BIRTHDAY IN OCT.WE THOUGHT IT PRUDENT TO GET MARRIED BEFORE THAT DATE.WE WENT TO SAN ANDRES IN SEPT.AND GOT MARRIED.I THEN RETURNED HOME AND STARTED THE K/3 PROCESS.WE HAVE QUITE A BIT OF EVEDIENCE SUPPORTING OUR RELATIONSHIP ALBEIT BEING SHORT.JUST AN OPINION ON WHETHER HER APPLICATIONS FOR A TOURIST VISA WOULD INITIATE SUSPICION OF FRAUD INTENT AND IF THE CONSULAR OFFICER WILL EVEN LOOK AT THE EVIDENCE WE HAVE WHICH IS CONSIDERABLE AND SHOULD BE CONVINCING THAT IT IS A LEGIT RELATIONSHIP. WE HAVE ABSOLUTELY NOTHING TO HIDE BUT I UNDERSTAND THE VISA GODS SOMETIMES MAKE SNAP DECISIONS.SO PLEASE IF ANYONE HAS ANY OPINIONS I WOULD GREATLY APPRECIATE ALL REPLYS AND POSSIBLY SUGGESTIONS.THANKS IN ADVANCE EVERYBODY ON THIS JOURNEY THAT IS HELLISH AND DEFINATELY HAS SCARY UNCERTAINTY. Why are you inclined to make a corrolation that a denial for a tourist visa could lead to a finding of fraud? Lack of sufficient ties to homeland is a common basis for a denial. Cnce the K-3 is submitted, you're pursuing the correct path.	diadromous mermaid	Female	0	2007-01-13 14:52:00
K-3 Spouse Visa Process & Procedures	Hardship expedition of K-3 / CR-1 visa?	I'm surprised to see this thread from you. Question: what is different today from one year ago today, other than you got married? Ah. Up until 23 December my brother and sister-in-law lived with me and they assisted around the house in exchange for a sweetheart deal on rent (as in no rent). They moved out 23 December leaving the house in a wreck with lots of things needing to be moved that I need assistance with. I tried to evict them *before* 23 December so that we'd have time to complete the move and get everything set back up, but no such luck. What about someone coming in a day or two a week, or you going part-time for a bit, then,. Just to get you healthy. Not much point in worrying about things that are out of your control. But you can be proactive with things that are.	diadromous mermaid	Female	0	2006-02-06 17:22:00
K-3 Spouse Visa Process & Procedures	Divorcing a K-3 Before AOS	If a K3 visa holders get divorced for any reason then it would be imposible to file for AOS based on marrage... they would be able to remain in the USA until their K3 visa expired... Kez Let me give a scenario. A man petitions his foreign wife on a K-3 and brings her here. Within 2 years they have a child. In the meantime, he doesn't file for her AOS and decides that he doesn't want the financial responsibility of being married, so he tells her he's going to divorce her and she has to go back home. Now tell me that she (the foreign spouse) has no legal recourse in that situation??? Yes, the foreign spouse can sue for custody of the child, as well as child support in a US court of law. Thank you, Daniel! You rock! There is a woman in this situation (except I don't if there is a child) who posted here... http://www.visajourn...showtopic=80943 I hope she'll get the right advice. Without a child, the rights that she might have would be different though.	diadromous mermaid	Female	0	2007-08-01 17:08:00
K-3 Spouse Visa Process & Procedures	husband in jail/interview	QUOTE (Love4ver @ Dec 4 2007, 02:53 PM) <{POST_SNAPBACK}> QUOTE (eau_xplain @ Dec 4 2007, 02:46 PM) <{POST_SNAPBACK}> Perhaps you can request for the interview to be re-scheduled? USCitizen is the one in jail. i am the wife, using his profile Postponing the interview will only stave off the inevitable. From the range of posts, it appears the marriage is no longer viable. You should consult with an immigration attorney to review any options available. Edited by diadromous mermaid, 04 December 2007 - 03:04 PM.	diadromous mermaid	Female	0	2007-12-04 15:04:00
K-3 Spouse Visa Process & Procedures	Married to US Citizen, need TOURIST visa	QUOTE (YGandMAT @ Jan 23 2008, 09:20 PM) <{POST_SNAPBACK}> QUOTE (ocon @ Jan 23 2008, 05:58 PM) <{POST_SNAPBACK}> Hi, Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused . If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only? regards, Carlos If you plan to reside in Mexico with your wife for a while I would consider Direct Consular Filing. This will result in a green card. If you already live there, just try this option. The K-3 visa is a visa to reunite family, I don't believe you qualify for this unles your wife was residing in the US and petitioning for you in Mexico. This K3 visa is valid for 2 years after it's issued, but once you enter the US you must file adjustment of status in order to get your residency card (green card). He is not looking for residency. He has extended family in the USA and wishes only to visit.	diadromous mermaid	Female	0	2008-01-23 21:47:00
K-3 Spouse Visa Process & Procedures	Married to US Citizen, need TOURIST visa	QUOTE (ocon @ Jan 23 2008, 08:58 PM) <{POST_SNAPBACK}> Hi, Thank you for your prompt response. The first time I went to the interview, I went laking of most documents and evidence, but for the second time I did show ALL the documentation requested, I work at Hewlett-Packard and I also show them a letter form HP HR, and they said that I was not elegible as I have family there, but I gave them a job letter, Bank statements, University diploma, EVERYTHING they asked for, there was no single document I didnt had. Of course everything legimate, I didnt made anything up, and still refused . If I go for the Kx visa, can I use it to go in and out, or is it only for migrants only? regards, Carlos Well, although it was unfortunate, the last time you applied, if I am reading your information correctly, the greatest "tie" you have was your wife, who was giving birth in the USA! That changes things dramatically in the eyes of the CBP, I would imagine, as they would have no way of knowing that her time in the USA was temporary. Now that your wife and child are settled in Mexico, surely you can demonstrate that you have chosen Mexico to be your home and that your interest in the USA is only for tourist purposes.	diadromous mermaid	Female	0	2008-01-23 21:05:00
K-3 Spouse Visa Process & Procedures	Married to US Citizen, need TOURIST visa	QUOTE (ocon @ Jan 23 2008, 08:24 PM) <{POST_SNAPBACK}> Hello All, First of all, congratulations for this great forum, I had read a lot of topics and this forums are a real help to everybody. My case is the following: My wife and my newborn baby are both American citizens, but we live here in Mexico and we are happy to be here. My baby was borned last december, I tried to get a B1/B2 visa in order to travel to US and be with my wife at the time the baby was borned, in that time we were not married and my Visa request was denied 2 times. I will like to get a Visa as we both have family in the US and I think its a good thing to have. We are not planning to move there, thats why I dont consider the K1/k3 options, I just want a visa to go as a tourist. Is there any simple way to get a tourist visa being married to her. The second time my visa was refused, they said I was not elegible to travel to US as I have family there and they assumed I was planning to STAY there, wich I am not. Now I wonder if I can even think into try again for a visa or they will now say that I married her in order to get a green card or something (wish is not true, we have been together for more than 5 years now and we have a precious baby). Any advice is greatly welcome, Carlos Diaz In order to be successful in securing any tourist visa, the tourist must demonstrate significant ties to his or her homeland. Do you own property in Mexico? Show a lease that is current, employment that is secure, mexican banking ties etc.	diadromous mermaid	Female	0	2008-01-23 20:35:00
K-3 Spouse Visa Process & Procedures	Not Living Together After I Arrive	QUOTE (Converse34 @ Jan 29 2008, 12:56 PM) <{POST_SNAPBACK}> QUOTE (diadromous mermaid @ Jan 29 2008, 10:04 AM) <{POST_SNAPBACK}> I don't view it as a red flag at all, given the fact that your wife is also a student. Why? The easiest way to look at it is by reversing the situation. Just for a minute consider that Mike's wife's residence is her "temporary school address" since she is juggling a full time job and 60 hours of course work for her Masters and Mike's prorposed soon-to-be residence would be there permanent address, when she is done with her Master's. Would that seem to be so reprehensible to you or to USCIS? It doesn't make sense to be married AND live in the same city and NOT live together. Many married couples do live apart, but not when they are in the same location. Maybe one month in the beginning, that I would think might be ok, but 6 months living apart, in the same city? That doesn't make sense. Not trying to judge your situtation, just trying to think how USCIS would react. Well in higher education, for example, it is not uncommon for a person that is preparing for his or her PhD to have to really cram and get ready for the review. I personally know of quite a number of people who practically "lived" in their carel at the library or in their office in their department for the last month or more. Typical family day-to-day activities were supended until after the dissertation was completed. Why is that so hard to understand? The OP and his wife are at a stage in her studies where she is holding down a fulltime job and putting in 60 more hours per week with her Masters. If you consider there are only 168 hours in a week, and 100 of hers are spent studying and working, out of necessity (not choice), then that would only leave 9 hours a day for sleeping and other day-to-day requirements. I doubt anyone would choose to have all this going on when their spouse finally arrives and they want to spend time together. It's just a matter of the timing of events. I think it sounds like a very nice gesture for him to opt to live alone for a month or so, while she gets some of these other tasks underhand.	diadromous mermaid	Female	0	2008-01-29 13:22:00
K-3 Spouse Visa Process & Procedures	Not Living Together After I Arrive	QUOTE (goose182 @ Jan 29 2008, 07:47 AM) <{POST_SNAPBACK}> Hi All, Some background: Married to my wife (she's the USC) in October 2006 (so less than 2 years). I've filled out and submitted both the I-129f and the I-130 applications and they are currently being processed at the CSC. On to the reason for this topic: After I arrive on my K3 visa, is there any policy that says that I must live with my wife in the US for the duration of my stay in order to retain my visa status? It seems odd I'm sure, but we want to transition slowly into living together after such a long time apart by starting with just being in the same city and...well...dating each other again I guess you could say. She has a full time job and does 60 hours of coursework/class getting her masters on top of that and isn't sure that she can deal with the stress of me just immediately moving in to her house after such a long separation. We miss each other very much of course, but we don't want to rush into this as it's a very big step. We have lived together before briefly, but it seems like so long ago that we want to ease back into it... So I was wondering if I'd send up any red flags if I was to rent an apartment for the first 6 months of my stay on my K3? Is there any policy that says that we must reside at the same address for the entire time or risk termination of my visa? Thanks for any help you can provide. Mike I don't view it as a red flag at all, given the fact that your wife is also a student. Why? The easiest way to look at it is by reversing the situation. Just for a minute consider that Mike's wife's residence is her "temporary school address" since she is juggling a full time job and 60 hours of course work for her Masters and Mike's prorposed soon-to-be residence would be there permanent address, when she is done with her Master's. Would that seem to be so reprehensible to you or to USCIS?	diadromous mermaid	Female	0	2008-01-29 12:04:00
K-3 Spouse Visa Process & Procedures	Visit husband on tourist visa and then adjust status?	QUOTE (ToddS @ Feb 14 2008, 01:07 PM) <{POST_SNAPBACK}> On the other hand, I have a B1 visa that valid for 10 years (which I had before we were married). Since I can continue to work for myself (I work mostly online), the problem of not being able to work under a B1 visa may not pose a problem to me. There are only a few duties that can be performed (in terms of work) while in the US on a B1/B2. As far as I can see, unless you fall into a very select category of worker, Online is not one of them. QUOTE (ToddS @ Feb 14 2008, 02:23 PM) <{POST_SNAPBACK}> On a separate note, it's possible to file for extension for B1 visa for another 180 days (which I did many years ago). I was able to stay for close to a year and came home before the I-94 expired. Hmm. Were you married to a US citizen residing in the USA the last time you were able to extend your B1?	diadromous mermaid	Female	0	2008-02-17 14:19:00
K-3 Spouse Visa Process & Procedures	Social Security benefits?	QUOTE (sophiemeister @ Feb 22 2008, 07:46 PM) <{POST_SNAPBACK}> Hi - I'm a green card holder and live in the USA but still work in Canada (a surprisingly short daily commute!) I have a SSN and file taxes in both countries though I don't earn money in the USA. My question is - when I am elderly, would I get social security benefits even though I've never worked in the USA or contributed to the US or state tax? (other than city/property taxes). Just curious. Working in Canada for a Canadian company, I would suspect you are accruing social security benefits there. Since you work in Canada, your employer makes deductions from your paycheck and submits them to some sort of government agency. No?	diadromous mermaid	Female	0	2008-02-22 19:56:00
K-3 Spouse Visa Process & Procedures	Need advice about whether to file for change of status	QUOTE (GabiandVi @ Feb 25 2008, 08:28 PM) <{POST_SNAPBACK}> Thanks for your reply. Your scenario is what my original plan was, except that I thought we would apply for an extension of the visa, a legal option. As for babysitting, I'm not sure that it is considered that when it is your own child. My sisters leave their children with their husbands all the time and they are all Americans. No one gets paid for it. I really want my daughter and her father to get to know each other. That's the main reason I want him to come take care of her. He could stay in Benin and make more than we would save in daycare fees. Your plan for him to await the processing of his I-130 and return for consular processing of his visa is all within the law. As for the babysitting, it's a moot point, since unauthorised work of an alien married to a US citizen is forgiven. However, technically, an alien that is NOT married to a USC cannot accept work, nor can he take on certain voluntary positions that are not even remunerated but provide certification or additional experience for which the alien might be able to accelerate his career, afterwards, if the normal protocol is to pay for the work being performed! Crazy as it may seem, but "thems the laws"	diadromous mermaid	Female	0	2008-02-25 20:33:00
K-3 Spouse Visa Process & Procedures	Need advice about whether to file for change of status	QUOTE (NoelandTintin @ Feb 25 2008, 08:05 PM) <{POST_SNAPBACK}> I dont think you'd be side-stepping any laws. I think you can legally do either one. I mean you can file as he is still outside and just let him return or you can adjust status here in the US. Personally, I'd file I-130, let USCIS know he's here and just adjust status. I'm sure someone here with a similar experience can help. Good luck QUOTE (diadromous mermaid @ Feb 25 2008, 05:03 PM) <{POST_SNAPBACK}> No can do, if his intent is to use the tourist visa for immigrant purposes. Sorry. He should just come to the US without that intention then change his mind later. :-) Well, if only it would be so easy, but the real issue is that this discussion, has preceeded his entry, and thus were he to be asked, he couldn't deny that he was contemplating it. Notwithstanding, he could come to the USA on his tourist visa, his wife could submit the I-130 and he could remain as long as his I-94 was valid, leave and await the visa in his home country. At least he could spend *some* of the wait here. As an aside, performing baby-sitting services is unauthorised work if it would normally be a paying job for another individual. Tehcnically, anyway, but then as a spouse of a USC it would be forgiven at adjustment time. Just as an FYI.	diadromous mermaid	Female	0	2008-02-25 20:11:00
K-3 Spouse Visa Process & Procedures	Need advice about whether to file for change of status	QUOTE (GabiandVi @ Feb 25 2008, 07:49 PM) <{POST_SNAPBACK}> A little background: I'm from the US but I live and work in China. My husband is from Benin but was studying here in China. We were married over 3 years ago in Thailand. Our daughter was born in the US over a year ago. He finished school and couldn't find work here, so he has been in Benin for almost a year. He had a tourist visa granted to him through the embassy in Benin after we were married and he visited the US twice on that visa. Each time he was allowed a 6-month stay, but stayed fewer than 6 weeks. His visa will expire in May and he will apply for another one any day now. I will be moving home in June with our daughter. Here is my dilemma. My husband can come to visit us using his tourist visa. Hopefully, as in the past, he can stay for 6 months. I plan to file an I-130 for him soon. Should I file it as though he is still in his home country and let him return when he is called for an interview? Or should I file a change of status for him once he arrives on the tourist visa? I really don't want to side-step any laws or policies, and I don't want to lengthen the process in any way, but I would like to shorten it as much as I can. We know he will not be able to work while he is in the US, but he will be able to care for our daughter while I work, saving us the daycare fees, so it is a financially viable option for him to stay with us. I'm getting advice that my husband will be denined entry into the US on a tourist visa if I have begun immigration proceedings for him. Is this true? Should I wait until he arrives before I file the I-130? We won't be breaking any laws. He won't be working. He will be in the US for pleasure - the pleasure of being with his daughter and me. Any advice? No can do, if his intent is to use the tourist visa for immigrant purposes. Sorry.	diadromous mermaid	Female	0	2008-02-25 20:03:00
K-3 Spouse Visa Process & Procedures	Questions for expat and husband	QUOTE (kdenmark @ Apr 14 2008, 06:38 PM) <{POST_SNAPBACK}> My daughter will be having my first grandchild this year, and this has changed our decision on where to live. We have been married for almost 8 years and have been living in Jamaica. Our thoughts are to go to the US (where I am a citizen) and file for him (Jamaican national). I have noticed most of the cases are newly marrieds (congratulations to all) and have the following questions if anyone knows any answers. Do you still have to provide proof of relationship if you have been living together outside US? Since we travel frequently to the US, can we file in the US on one of our trips? Is it necessary for both to be at the interviews? You could file while in the USA, but he'd still have to await the proper visa, and be prepared for consular processing in his home country.	diadromous mermaid	Female	0	2008-04-14 17:47:00