ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedurescan applicant translate conversation in english
hi!

i think i read this topic here before but couldnt find it! so im gonna ask again anyway. my fiance and i, are we allowed to translate our conversations in english? hiring someone to do it is kinda pricey so im thinking it's better if we do it ourselves.

thanks




Bowie KirkNot TellingPhilippines2013-04-28 13:31:00
K-1 Fiance(e) Visa Process & Procedurescan i reapply soon after i cancel the petition? (with the same person)
thanks for all the infos uve provided.. owe u big time! :)
Bowie KirkNot TellingPhilippines2013-04-28 14:12:00
K-1 Fiance(e) Visa Process & Procedurescan i reapply soon after i cancel the petition? (with the same person)

Yep,
When withdrawing send your withdrawal notification by email to the National Customer Service Center   email NCSC-customerconnect@uscis.dhs.gov
Make sure you include petitioners name address date of birth, case number and reason for withdrawing.
 
I chose to wait 1 day after i sent the email to refile just so I had a record that I withdrew before I refiled. It took 1 month from the time I sent the withdrawal email to get the official withdrawal acknowledgement from the VSC.



  

ohh thanks so much for the infos.. ure such a big help..
but just to clarify: so they're the ones who will forward it to the csc? and about the withdrawal notification, is it just a letter from the petitioner explaining the reason for withdrawing, no waiver or anything?
and lastly, in the whole new package that im going to send in, do i have to include infos about the withdrawal?
thanks again





sorry i forgot to quote..



Bowie KirkNot TellingPhilippines2013-04-27 16:57:00
K-1 Fiance(e) Visa Process & Procedurescan i reapply soon after i cancel the petition? (with the same person)
ohh thanks so much for the infos.. ure such a big help..

but just to clarify: so they're the ones who will forward it to the csc? and about the withdrawal notification, is it just a letter from the petitioner explaining the reason for withdrawing, no waiver or anything?
and lastly, in the whole new package that im going to send in, do i have to include infos about the withdrawal?

thanks again

Edited by Bo & K, 27 April 2013 - 03:06 PM.






Bowie KirkNot TellingPhilippines2013-04-27 14:56:00
K-1 Fiance(e) Visa Process & Procedurescan i reapply soon after i cancel the petition? (with the same person)

we have.. actually i wrote that on the first topic i posted earlier. 

 

here it goes:

 

"and another thing, this january 2013, he came to the Philippines and weve seen each other but that was after we filed the application. should we call the uscis..........."

 

but you said, YES WE CAN. so i guess we should start doing the whole process soon.

 

Thanks.

 


Bowie KirkNot TellingPhilippines2013-04-27 11:28:00
K-1 Fiance(e) Visa Process & Procedurescan i reapply soon after i cancel the petition? (with the same person)

apparently, my case hasnt been touched yet but im definite that itll be denied due to the fact that we havent seen each other within 2 years before filing the petition.. should i drop the petition and resubmit all the documents i sent in soon after cancellation? but this time, inclusion of the evidence that we have met physically within the 2 year frame. 

 

thanks


Edited by Bo & K, 27 April 2013 - 11:15 AM.

Bowie KirkNot TellingPhilippines2013-04-27 11:08:00
K-1 Fiance(e) Visa Process & Proceduresare there any lawyers here? extreme harship waiver
relating to my previous posts about cancelling my petition for i think my fiance and i dont have enough evidence to prove extreme hardship, i no longer plan to withdraw my application. the reason being is that we're going to submit a waiver. we'll include there that my fiance is the sole provider for his son. when he got the job in the US he took all the financial responsibilities to his son meantime we had plans on marrying but he couldnt leave the US cause his son is depended on him. instead of using the money to buy plane tickets he used it to pay for his son's tuition, everyday needs and whatnot. so do u think that would be a strong argument or a weak one? thanks
Bowie KirkNot TellingPhilippines2013-05-04 13:54:00
K-1 Fiance(e) Visa Process & Procedurese-request during rfe response review

has it passed the alotted time yet? like with mine, they said wait 60 days, i just sent mine a few days ago.



i totally forgot about that.. youre right! they said to wait for the decision within 60 days.. i sent mine on May 15th and it feels like ages ago. when did u send urs? what do u think will happen if i place an e-request, just for the sake of curiosity? hehe

Edited by Bo & K, 23 May 2013 - 02:50 PM.



Bowie KirkNot TellingPhilippines2013-05-23 14:46:00
K-1 Fiance(e) Visa Process & Procedurese-request during rfe response review
this may seem silly but i just want to know. is placing an e- request appropriate during a rfe response review?
Bowie KirkNot TellingPhilippines2013-05-23 14:15:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

OP, are you the petitioner or the beneficiary who's asking the question?  Or, are you sharing this VisaJourney account?  Apologies for my confusion.  Thanks very much for your answer.


i am neither! i am just someone who happens to have two bestfriends in love with each other and dont know how to process a fiance visa properly. i volunteered to help them out since they were desperate to make everything okay after messing up with their application. they dont know about this site coz they are busy with their jobs, no time to check the internet and even their emails. so i did everything for them. everything they want to know, i post! every answers i get, i forward! it's hard but im happy that i can help. but the hard thing is, you are eager to help and you want a quick answer thats why u joined some forum, but some people will advice you like you are 5 yrs old and thought you havent done what they suggested. it's crazy! well maybe ill suggest to my friends that stop asking questions because they can just read everything on the internet. find time! Vj or not, theyll find answers, if they cant find the answers, dig deeper. dont ask! because no one can ever really help them. ill also tell them that its non sense to join any forum bec people there will just tell them the obvious.

Bowie KirkNot TellingPhilippines2013-06-22 07:54:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

 
Well, with that kind of Attitude.. how can you go wrong on this journey..   LOL


LMAO.. still useless.. ure answers were no-brainer, they had no substance. if ure thinking on sharing ur thoughts with a little to none at all knowledge and will just treat people (who ask questions) condescendingly, dont bother. i think we'll find the answers just fine without ur help. :D

Bowie KirkNot TellingPhilippines2013-06-21 15:56:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

you want an answer..
 
Read the Guidelines compare/contrast.. and decide for yourself based upon YOUR certain situation..  everyone here had a different experience and may not be best for YOU
 
read the guides over and over.. and read VJ threads to see where people are having problems or questions for which ever one you chose..  
 
don't RUSH the application in order to file it sooner.. mistakes can happen, as you know.. its better to take more time up front... get a good petition to send off.. whether K1 or CR1.. this process is going to take patience, no matter which you chose.. 
 
good luck
 









im not rushing anything. one way or another the decision will come out. we just have to make sure that we'd tried everything out, in that case we will not have any regrets in the end or wont blame one another for any problem that may arise. and we believe in God's timing. the thing is, there are tons of info here on VJ and i can only read and take in so much and ill encounter some unrelated topics too, so why waste my time. it's like finding a needle in a haystack. nobody wants to do that, do they? i dont. all i need is to ask or start a topic and people who are willing to help will lead me to those specific data. also, that is why theres a forum, so we can help each other out and so we can save time and effort. thanks for the advice but i dont need it, i need information. anyway, thanks.

Bowie KirkNot TellingPhilippines2013-06-21 13:30:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

http://www.visajourn...n/#entry6193414
 
well, according to your topic in april 2013.. you submitted for K1.. but had NOT met within the two years before submitting.. so, yea.. thats a mistake on ya'lls part..  all this information is in the instructions and the paperwork.. 
 
it will cost you months now.. cuz you will either wait to see if you get denied.. or you will want refile..  once again.. time is lost..
 
i suggest you read.. reread and reread again... and repeat!  the guides listed here for the Fiance or Spousal visa..  then be read to do this right and error free the next time







i thought u gave me the link to that guidelines. i wonder what's the purpose of ur post if it didnt really answer my question.


Bowie KirkNot TellingPhilippines2013-06-20 14:05:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

thanks for the guidelines, and for that only. simple questions need only simple answer. keep the uninformative things to urself nxt time :))


i thought u gave me the link to that guidelines. i wonder what's the purpose of ur post if it didnt really answered my question.

Bowie KirkNot TellingPhilippines2013-06-20 13:46:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

After having went the K-1 route b/c lawyer advised it was faster (at the time), if I had to do it over again I would have gone the marriage route.  First, you and your spouse will share the memories of this family event forever.  Second, the time from date of marriage will count toward your Adjustment of Status - and you will receive your green card that much sooner.



thanks u so much :)


Bowie KirkNot TellingPhilippines2013-06-20 13:34:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

 
Can you apply for extreme hardship?
 
If not, then a marriage visa might be faster and cheaper (at least $1000 cheaper). Since you will have to go the Philippines to have the "meeting within 2 years proof" anyway. Might as well go the Philippines, get married, file for marriage visa (CR-1). So when you're spouse comes to the US, she'll have a green card right away. The difference between processing times is around 1-3 months I believe.



i did apply for extreme hardship actually. just 3 more weeks and we'll know whats the decision will be. and hopefully before then, we already figured out what to do next; if were going to apply for a fiance or marriage visa. im still looking for some good answers here. yours is very helpful. thanks

 
 
I certainly was not "worrying" myself about your reason. You mentioned withdrawing in your post and therefore
I simply asked for clarification to best answer your concern. The worry is all yours.
 
As to comparing the options, here is a "compare" link for K1 and CR1. Disregard the K3 in the link as it is obsolete.
http://www.visajourn...content/compare






thanks for the link. just what i needed to know..


Bowie KirkNot TellingPhilippines2013-06-20 13:32:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

 
Well, since you never met the beneficiary you filed for, it will be denied (check out his extreme hardship topic from May). Also, you can't file petition based on marriage since you're not married - that would require you to go to the Philippines and get married there or in some third country.



yea the latter part is kinda obvious. thanks, though not very informative.


Bowie KirkNot TellingPhilippines2013-06-20 13:24:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

http://www.visajourn...n/#entry6193414
 
well, according to your topic in april 2013.. you submitted for K1.. but had NOT met within the two years before submitting.. so, yea.. thats a mistake on ya'lls part..  all this information is in the instructions and the paperwork.. 
 
it will cost you months now.. cuz you will either wait to see if you get denied.. or you will want refile..  once again.. time is lost..
 
i suggest you read.. reread and reread again... and repeat!  the guides listed here for the Fiance or Spousal visa..  then be read to do this right and error free the next time






thanks for the guidelines, and for that only. simple questions need only simple answer. keep the uninformative things to urself nxt time :))

Bowie KirkNot TellingPhilippines2013-06-20 13:21:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

Denied for what reason ? If denied for a very obvious reason then you can withdraw and refile. In order to give advice you need to be specific on the reason that you will think you get denied.




i didnt withraw the app coz i want to try my luck. but u dont have to worry urself about the reason, all i want is to know which is faster of the two. i got the answer i wanted.. thanks anyhow



Bowie KirkNot TellingPhilippines2013-06-19 14:24:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?

 
But it's not denied. You shouldn't refile unless it is denied. You'd be best off not worrying what to do next until you see how your current case turns out. 
 
K1 and CR-1 can take the same amount of time, in the end. There's not a huge amount of difference in the two, time wise. 



you're right. but im just keeping my options open just in case it doesnt turn out what im hoping for.
thanks for ur answer, just what i want to know.


Bowie KirkNot TellingPhilippines2013-06-19 14:16:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?
unmarried. currently, my application for a k1 visa is being processed at CSC and theres a chance that it could get denied. im not sure if i should refile or apply for a marriage visa coz im not sure which one is faster.
Bowie KirkNot TellingPhilippines2013-06-19 14:00:00
K-1 Fiance(e) Visa Process & Procedureswhich one is much faster; getting a fiance visa or a marriage visa?
anyone here pls help me figure out which one of these is much faster. so just in case my application for fiance petition gets denied, i know which one to apply. thanks guys!!
Bowie KirkNot TellingPhilippines2013-06-19 13:20:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
QUOTE (Jamie76 @ Nov 18 2007, 07:25 PM) <{POST_SNAPBACK}>
QUOTE (Bill y Bella @ Nov 18 2007, 10:21 PM) <{POST_SNAPBACK}>
QUOTE (Jamie76 @ Nov 18 2007, 01:51 PM) <{POST_SNAPBACK}>
We got an RFE on the 31st of Oct. They were requesting a translated copy of my fiancee's birth certificate. Something we could have given them at the outset had we known they would decide they needed it.


Is your fiancee the petitioner or the beneficiary?


She is the beneficiary.

Jamie,
Question, had you included her BC (not translated) when you sent in the original package??? Or was it they asked for it out right??
The reason I ask is that in the instructions there is no mention of the Fiance's BC to begin with.

Thanks,

Rob
Rob and MayleeMaleTurkey2007-11-20 07:09:00
K-1 Fiance(e) Visa Process & Procedurescan i request a second drug test?

Im sorry, but its REALLY REALLY REALLY hard to fail a drug test from second hand smoke. REALLY HARD. Most occasional users (a couple times a month), can STILL pass a drug test a couple days after they partake.

 

It really doesn't look good for you.

 

The cut off level would have to be REALLY low for you to fail due to second hand smoke. AND a few weeks would be more than enough time for it to clear your system.

 

Im not saying you are lying. Im just stating fact. I have been drug tested numerous times, as well as worked at a UA clinic.


devo6786Not Telling02013-12-04 22:40:00
K-1 Fiance(e) Visa Process & Procedures10 year visitor visa applying for k1 visa

Can my boyfriend travel and live in the US for up to six months while we file for the k1 visa? And can we file for it while he's in the US? He has the ten year visitors visa. 


s89mwg93Not Telling02013-11-03 12:57:00
K-1 Fiance(e) Visa Process & Procedureschecking interview status online.
I was wondering if there is a way to check your interview date online somewhere? We are waiting for our interview at the US consulate in Rio De Janerio.

Thanks
J
jwarrenMale02007-07-24 16:10:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIf IR-1/CR-1 has been filed, will the foreign spouse be turned back at border if traveling on a tourist visa?
I have not filed my I-130 yet. I live in China but my husband is from Africa and is living and working there. I will move home this summer and I plan to file the I-130 soon. Meanwhile, my husband will come to the US on a tourist visa. We are hoping he can stay for 6 months as allowed on his I-94. We may even apply for an extension of this.

I would like to file as soon as possible, but if this will affect my husband's tourist visa, I will wait until after he arrives. We don't plan to do anything that will jeopardize his immigration, but since he has been granted a visa, I would like to use it so that we can be together, at least part of the time, while we wait for his immigration to be approved.

My question is, then, even with a valid tourist visa, will my husband be denied entry at passport control because I have a case pending in his name?
GabiandViFemaleBenin2008-02-27 20:55:00
IR-1 / CR-1 Spouse Visa Process & Procedurescertified copy of marriage certificate
I'm a USC living and working in China. My husband is from West Africa. We were married in Thailand. We had our marriage certificate translated into English. The translation and the photocopy of the original are notorized by the Thai government. Will this suffice, or do I need notorization from a US authority?
GabiandViFemaleBenin2008-02-28 18:13:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmarriage and tourist visa
As long as the foreign spouse can show strong ties to the country where he/she applies for the visa, there should be no problem.

My husband was given a B-2 visa after we were married, and one of the deciding factors was because we were married. I had spoken to the Consular Officer explaining that I wasn't planning to move home yet so I didn't want to apply for an immigrant visa for my husband, but I wanted him to be able to travel with me to the US. There would be no reason for my husband to immigrate illegally by overstaying his visa because we had a perfectly legitimate way for him to immigrate. He was granted a three-year multiple-entry visa. He has used it twice, each time being allowed 6 months on the I-94. He never stayed that long, though.

I think there is also a good chance that the spouse can enter the US after an I-130 has been filed. There are a couple of threads on here about that, and so far, the only responses I've read from people with first hand experience trying to enter the US on a B-2 with an I-130 pending have been positive. A few more questions at the border but ultimately, they've been allowed to enter with 6-month stays.
GabiandViFemaleBenin2008-03-02 18:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificate shelf life?
QUOTE (ZeeNusah @ Mar 3 2008, 10:15 PM) <{POST_SNAPBACK}>
It depends on the consulate. Some are 3 months, others 6, some a year. But I don't think any consulate willa accept a police certificate that is more than a year old.



Does anyone know if this is true for a police certificate from a country you haven't been in for over a year? In other words, if you have a police certificate that was issued a month or two before you left the country and you have not returned to the country, will this be acceptable even if it is two years old at the time you submit your DS230?

The country I'm referring to is China and it can be very difficult to get the certificate even if you are present in the country. I have no idea how we would go about getting one or how long it would take if we were doing it from outside of China.

Thanks.
GabiandViFemaleBenin2008-03-03 20:03:00
IR-1 / CR-1 Spouse Visa Process & ProceduresPolice certificate shelf life?
I've been reading in other threads about police certificates expiring. I can't seem to find the information in any FAQ. I'm assuming that this refers to police certificates from the country of residence at the time the certificates must be filed. If you lived in another country at some point in the past and obtained a certificate from the police before leaving the country two or three years before you have to file the certificate, do you need a new one? I wouldn't think so, but I just want to make sure.

Also, how long do certificates from your country of residence remain viable? We haven't filed the i-130 yet, but we will very soon. Would it be a waste of time for my husband to get a police certificate from his country of residence now?
GabiandViFemaleBenin2008-03-03 08:44:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDon't know where else to ask this...
QUOTE (SusieK @ Feb 16 2008, 01:09 PM) <{POST_SNAPBACK}>
, then you must get the ITIN number.

There is also a foreign tax credit (exemption)if you do put them on there, but not sure what that amount is somewhere between 50k and ???? USD, but not really sure of the exact amount as that chapter is like seventeen million pages - and as this point sod it, I am just going for the married filing sep -


If you live and work abroad, depending on your situation, you can file a 2555 with your 1040. For 2007, the foreign earned income exclusion is $87,500. If you have made under that amount, you do not owe taxes. If you have made over that amount, you pay on the amount over.

There are two ways to qualify for this. One, you are considered a bona-fide resident of the country abroad. This is a bit complicated to determine and I am not going to attempt to explain it, but I count myself as a bona fide resident of China.

The other way is if you have been in the foreign country for a total of 330 days in a 12-month period.

You can get the 2555 form and instructions on the same page at www.irs.gov where you can get the 1040. It is a fillable and saveable pdf.
GabiandViFemaleBenin2008-03-04 16:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny truth to this?
QUOTE (Chris Parker @ Mar 6 2008, 01:54 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Mar 4 2008, 11:35 PM) <{POST_SNAPBACK}>
QUOTE (Len_and_Bren @ Mar 5 2008, 06:44 AM) <{POST_SNAPBACK}>
I would think the usual process would be to file for either a K-3 visa or a IR-1 visa. Entering the US on a B visa when already married with intent to immigrate can be considered visa fraud. Avoid pain and headaches my dear friend, and file for the visa that suits your case.

I never had any question that his visit would be legal. If he is granted the visa and allowed entry at the POE, he doesn't work or study during his stay, and he leaves when he must, he has broken no laws.

You should be fine if that all works out as you planned, however, be prepared that it might not work out:

1) If he has spent more than 50% of his time visiting the U.S. over the last 3-5 years, they may deny him a new B-2 visa despite his strong ties abroad. This is because spending more than 50% of your time in the U.S. over an extended period constitutes residence in the U.S., which is not allowed for a B-2 visitor.

2) If he is continuing to use an existing multi-entry B-2 visa, the POE may deny him re-entry on the same grounds.

3) A pending I-130 petition could also trigger an alert on visa and POE lookout systems that he may have an intention to remain permanently when trying to get a new B-2 visa or trying to re-enter with a B-2 visa. You may want to consider filing the I-130 only after he is back in the U.S. To pursue consular processing under that situation, be sure to cross out the adjustment of status language in question 22 of the I-130 and clearly indicate that the petition is to only be sent to designated embassy abroad. Attaching a statement further explaining your plans to pursue consular processing for an immigrant visa obtain abroad would also be strongly suggested. This is no discretion in the approval of the I-130 petition, the petition approval only confirms that the qualifying relationship is approved and that the petitioner and non-citizen are not on any immigration or FBI blacklists and the non-citizen may proceed with applying for an immigrant visa abroad or adjustment of status within the U.S.



Thanks! The first hurdle will be getting another B-2. His current visa is expiring in May. I've written a letter to the Consular Officer, as I did last time, explaining that in the future I plan to file an I-130 and we have no intention of jeopardizing that by my husband overstaying his I-94. He can show very strong ties to his country. In fact, he has been there the last year establishing a thriving business that has contracts with the government while I live alone in a third country.

I've decided to wait until he arrives in the US before I file the I-130, partly for the reasons you point out, but also because at this point in time, it will just be easier for me. I have so many other things to worry about with moving back to the US after 12 years abroad, working full time, and raising our child alone.

If I manage to get anything together to send off to Chicago, it wouldn't be until about a month or 6 weeks before he tries to enter the US anyway. How quickly does the beneficiary get entered into the system so that his name might pop up at the POE? Nevermind, I'd rather just trust USPS over China Post anyway.

Edited by GabiandVi, 06 March 2008 - 03:24 AM.

GabiandViFemaleBenin2008-03-06 03:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny truth to this?
QUOTE (Len_and_Bren @ Mar 5 2008, 06:44 AM) <{POST_SNAPBACK}>
I would think the usual process would be to file for either a K-3 visa or a IR-1 visa. Entering the US on a B visa when already married with intent to immigrate can be considered visa fraud. Avoid pain and headaches my dear friend, and file for the visa that suits your case.


Thank you for your advice. I agree that if you enter on a B visa with the intention of staying and filing for a change of status it could be considered visa fraud, but if you enter legally with the intention of exiting when the law states, I don't see how this could be fraud.

Not to worry. I fully intend to file an I-130 and follow all the same laws, policies, regulations, and processes as everyone else. My husband will have to be in his home country for his interview. It's just that during the process he will use his B-2 visa, legally granted by the embassy in his country, to legally enter the country and stay as a tourist in the US, visiting family, until such time as his I-94 states he must leave. We have every reason to believe that he will be granted an immigrant visa with no more than the usual bother and it would be utterly foolish for us to jeopardize this so senselessly.

I never had any question that his visit would be legal. If he is granted the visa and allowed entry at the POE, he doesn't work or study during his stay, and he leaves when he must, he has broken no laws. I just wanted to verify that the suggestion that if an I-130 (CR-1/IR-1) petition should be denied during the process at a time that coincides with the legal visit of the beneficiary, the petitioner would be banned from petitioning again for a designated period of time simply due to the legal visit of the beneficiary is an erroneous suggestion. The more I learn, the more confident I feel that it is.
GabiandViFemaleBenin2008-03-04 23:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny truth to this?
QUOTE (desert_fox @ Mar 1 2008, 10:39 AM) <{POST_SNAPBACK}>
What will be most likely denied is a B-2 visitors visa. No Consulate is going to issue a B2 to someone knowing that he has a spouse in the US.


I know it is probably not usual, but he was granted his first B-2 visa after we were married. He used it twice to enter the US, once to meet my family and travel a bit, and again to join me for the birth of our daughter when I was home on maternity leave. It is about to expire in a couple of months and he will apply for a new one. As last time, I will write a letter to the Consular Officer about our situation and my husband will show strong ties to his country, where he has been living for the last year because he can't find work in China where I am living. He has very good evidence of strong ties to his country -- cars, land, businesses, standing in the community.

The last time the Consular Officer understood that we were not going to risk any future plans for him to immigrate, and after three years and twice entering and exiting the US, I think we have further proof to show this. I have high hopes that he will be granted the B-2, but as Burns said, the best laid plans of mice and men often go awry. Still, I'm making my plans.
GabiandViFemaleBenin2008-02-29 22:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny truth to this?
QUOTE (Chris Parker @ Mar 1 2008, 10:26 AM) <{POST_SNAPBACK}>
QUOTE (GabiandVi @ Feb 29 2008, 09:14 PM) <{POST_SNAPBACK}>
On a thread about traveling on a tourist visa while an I-130 is pending, someone said that if you are in the US on a B-1/B-2 when your I-130 or I-129f is denied, you have to wait two years before you can reapply. I'm not sure there is any validity to this statement. I've asked for clarification and a source, but I haven't seen one yet.

The I-130 is filed by a U.S. citizen or Lawful Permanent Resident, so you are saying just because the beneficiary happened to be in the U.S. when the petition is denied (which the petitioner might not have anything to do with), the petitioner is barred from his/her right to re-file?

Sorry, but visa petitions are immigration entitlement benefits that have nothing to do with the non-citizen actually. Only upon their approval does the non-citizen gain the right to apply for a visa or adjustment of status.

Why is the I-130 denied? Are you talking about re-applying for adjustment of status, or about re-petitioning for a visa?



Thanks. This sounds right to me. It just doesn't make sense that a person legally in the US would be penalized just for the sake of being there.

As for the reason the visa would be denied, I don't know. We are going to do everything by the book. I will file an I-130 and he will either already be back in his country when he is called for his interview, or he will return to his country for the interview. I'm not going to try to change his status from a tourist to an immigrant. I will answer question 14 honestly and supply the information on his I-94, but for question 22, I will put the embassy of his country.

I can't imagine he will be denied a visa. We have been married over three years living together in a third country (not mine or his) and we have a child together. But I don't want to take any chances.
GabiandViFemaleBenin2008-02-29 22:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAny truth to this?
On a thread about traveling on a tourist visa while an I-130 is pending, someone said that if you are in the US on a B-1/B-2 when your I-130 or I-129f is denied, you have to wait two years before you can reapply. I'm not sure there is any validity to this statement. I've asked for clarification and a source, but I haven't seen one yet.

I'm still very new and fairly ignorant about this whole process, but it seems to me the two things are not related. The B-1/B-2 is a straightforward visa. It is legal, and travelling on it is legal. It is not linked to the I-130 or the I-129f in any way.

I can understand if someone came on a non-immigrant visa and then applied for a change of status to an immigrant visa and were denied, then there might be a wait period before it would be possible to reapply. But if a person does not overstay his B-1/B-2, I can't see how legally visiting the US with full knowledge of the foreign embassy which granted the visa, and immigration who allowed the traveler into the country, could in any way affect an application for an immigrant visa except in a positive way. Does anyone know anything definite about this?

I'm planning for my husband to come on a B-1/B-2 visa and stay the full six months allowed on the I-94. I will file an I-130 about the time of his arrival. This will allow us to live together while we wait. It is possible to extent the B-1/B-2 visa, so we might be able to live together until he is called back to his country for his visa interview there. However, I do not want to do anything to jeopardize his immigrant visa.
GabiandViFemaleBenin2008-02-29 21:14:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUnintentional Overstay??
QUOTE (WantingMyHubby @ Mar 5 2008, 07:40 AM) <{POST_SNAPBACK}>
Okay, something NEW is worrying me (does it ever end??)...

After getting my bachelor's degree in Canada, I decided to take some time off to do something meaningful. After some research/soul searching, I decided on volunteering with Habitat for Humanity in the US. Management there was obviously more than happy to offer me a full-time volunteer position with them - I was not paid, I supported myself. They offered me housing with other volunteers, where I paid only monthly utilities.

I volunteered with HFH for a total of 11 months. Within those 11 months, I went back to Canada for 2 weeks over Christmas (4 months in US, visit to Canada, 6 months in US, back to Canada for good).

When I was figuring out my plans, I thought that I could visit the US for 6 months in a CALENDAR year, not in any 12 month period. Little did I know that i) I misunderstood, and ii) I would fall in love with an American and have to deal with all of this again!

Now I'm scared that this will have consequences on the visa process, starting with the I-130, where I have to list my residences in the past 5 years. When they see that I stayed in the US for 11 months back in 2005-2006, will that cause a big problem? This is an important question I may end up asking a lawyer, but I wanted to see your opinions (because I've already learned so much from reading this site). I swear, I just wanted to donate my time and effort to HFH, I never intended on causing touble sad.gif

Any input would be greatly appreciated!

** I should add that when I entered the US the first time, the POE let me through after a couple of mins of asking about the voluteering situation...no problems whatsoever, even though it was clear that I would be there for 11 months.


As you are Canadian and this dates back a few years, you may not have entered using your passport. If you did, you would have been given an I-94. As long as you didn't stay any longer than what it stated, you are okay.

I wish I could answer with authority, but it seems to me that as you didn't overstay intentionally and you weren't being paid, this situation should be forgiven. You were working with a reputable organization, and it seems the oversight would be theirs anyway. I would think this wouldn't be a big deal.
GabiandViFemaleBenin2008-03-04 20:21:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDid you send something fun & original with the I-130 ?
QUOTE (KipandSarahJayne @ Mar 11 2008, 01:18 AM) <{POST_SNAPBACK}>
Legal disclaimer: I am not suggesting we all send more information in cute but eyecatching containers, I'm merely saying we should consider the nature of the human brain. Plus, it's always good to think some lighter thoughts during our long wait eb0dfafc.gif


I agree that it couldn't hurt, though probably it wouldn't make a difference to the order in which they view your petition, especially since whatever container you send your stuff in is discarded in the mailroom in favor of a uniform file folder. But I do think just thinking about how the adjudicator is having a little chuckle at something I included gives me a little charge of excitement in doing what is essentially an otherwise very boring and a little stressful chore. As you say, adjudicators are humans and their jobs are very boring. Infusing a little humor into their days might give them a little lift so that they can work just that tiny bit faster.

I wouldn't try to include any sort of gift, however. It could be construed as a bribe. If someone wanted to be a stickler, even a handmade card for the adjudicator could cause a furor. But when I wrote the captions to the photos I included in my mini photo album, I did write them with the adjudicator as my audience.
GabiandViFemaleBenin2008-03-10 15:27:00
IR-1 / CR-1 Spouse Visa Process & ProceduresDenied at POE on tourist visa
I've posted a similar question to this and I've seen several other threads about the same thing. So far, the only repsonses I've read from people who have tried to enter the US on a B-2 or a visa waiver program have all had success. That is not a guarantee and I've decided just to wait to file my I-130 until after my husband has entered using his B-2. (We are not planning for him to stay past his allowed visit length.)

I think the previous poster has given excellent advice. It would be foolish to immigrate illegally when you have a legitimate way to do it or to jeopardize an immigration petition by breaking the law, and so I would think that beneficiaries of I-130s would be considered among the lowest risk to overstay their visas, but for some reason the general feeling is that immigration officers don't see it that way. Better to have as much evidence as possible to convince an the officer if he or she becomes skeptical.
GabiandViFemaleBenin2008-03-06 21:36:00