ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresReporting visa fraud

I guess I'll make a call to USCIS, it can't hurt, then drop the matter and as someone suggested, chalk it up to experience. And stay away from Colombia! I'll also warn the guy in FL if he isn't in on it but I have a sneaky suspicion he is. And yes, she is in the US.

I told her I wanted $1000 back immediately as a partial repayment of the money I gave her - I paid for her friggin' trip to the US unknowingly! She seemed scared and said she'd come up with the $, but then again, she's an oscar deserving actress. Mind you, it's not blackmail, I didn't threaten her with anything if she didn't pay.


Did you have a written agreement for the loan of money? If not, then it could be considered a "gift" - no repayment needed.

From what you wrote, she said she needed money, and you gave it to her. Sounds like a gift to me.
Bobby+UmitMaleTurkey2012-01-03 17:06:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about cosponsor

i am sorry to say but I want the perfect answer. Does anybody sure about this ? :unsure:


The answer given is the "perfect" answer.
Bobby+UmitMaleTurkey2012-01-04 09:05:00
K-1 Fiance(e) Visa Process & ProceduresUS Sized Passport Pictures in UK

I just discover this week that the Dept of State has a FREE photo tool to make your own. I'm renewing my passport and it's on their passport page. http://travel.state....toreq_5333.html

You just need to take a photo on a white wall and upload it. Their tool creates a 2x2 jpg photo you can print yourself or take to a photo kiosk or shop and have printed on a 4x6 sheet. Then cut it out. Don't take your photo super close up or the face will be too big to size down with their tool.

It was a little fiddly tricking my printer into printing a 2x2 image in the middle of 4x6 photo paper. It wanted to fill up the whole space with the image.


Yep - was going to post this -

I just used this to make my own pictures - and ran down to the local drugstore to print them out.
Bobby+UmitMaleTurkey2012-01-05 09:09:00
K-1 Fiance(e) Visa Process & ProceduresSecond I-129F Petition
Shouldn't be an issue.
Bobby+UmitMaleTurkey2012-02-22 08:54:00
K-1 Fiance(e) Visa Process & ProceduresRequest for extension

I"m confused. if you dont meet the requirements then how can you even file? an extension is only needed if your noa2 expires and will be invalid by the consulate and only if they do not automatically extend it.

Please clarify.



Concur.


If you didn't meet the requirements prior to submitting the petition - you will have to do it all over, you can't do it after the submission.

Which requirement did you not meet?
Bobby+UmitMaleTurkey2012-03-14 08:18:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question -- supplement?

I did, but I haven't finished filing this year and I started the company like… 7 months ago. But I don't have time to wait for my tax return to come back before I send these off.



Ok - gotcha.


You will have to go with what you have - however, since you have a co-sponsor - their info is more important than yours.

Depending on the embassy your going through - you may have issues - so hopefully someone that went through there can chime in.
Bobby+UmitMaleTurkey2012-03-23 13:01:00
K-1 Fiance(e) Visa Process & ProceduresI-134 question -- supplement?
You never declared your income on your personal taxes? (from your company)


If it was over $400.00 - you were supose to - even if you didn't make a company to generate it. (income is income to the IRS)
Bobby+UmitMaleTurkey2012-03-22 14:25:00
K-1 Fiance(e) Visa Process & Procedureswill a previous family based petition affect my K1 visa petition?
I wouldn't think it would be a problem.
Bobby+UmitMaleTurkey2012-04-06 07:33:00
K-1 Fiance(e) Visa Process & ProceduresAGE DIFFERENCE

Where did you get this information if i may ask?



Depends on the CO and the consulate.

I have seen some posts here about the Moroccan embassy suggests they frown on large age differences. (I remember one where it was the USC female (being a lot older) that had issues)


At worse, it would just cause the CO to look closer at the underlying relationship, to ensure it is really bonafide and not just for immigration purposes.
Bobby+UmitMaleTurkey2010-04-13 14:10:00
K-1 Fiance(e) Visa Process & ProceduresTOTAL COST OF K1 VISA
QUOTE (Ber + Ter @ Jan 7 2009, 02:33 PM) <{POST_SNAPBACK}>
Whoa, am I reading this right? >_> It dropped from $455 to $170? When did that happen?



Your reading it wrong.

this post was from 2006.

zombie for the win devil.gif
Bobby+UmitMaleTurkey2009-01-07 14:36:00
K-1 Fiance(e) Visa Process & ProceduresWhere do we make the I-129f fee check payable too?
U.S. Department of Homeland Security

You may want to read this - and re-read theI-129F instructions.

Edited by Bobby+Umit, 10 September 2010 - 02:19 PM.

Bobby+UmitMaleTurkey2010-09-10 14:17:00
K-1 Fiance(e) Visa Process & ProceduresUS Sized Photos
Your photos must meet this standard.

I have seen some cases kicked back because the photos didn't make the cut.
Bobby+UmitMaleTurkey2010-10-05 08:33:00
K-1 Fiance(e) Visa Process & ProceduresHigh Fraud consulates or embassy or country
QUOTE (christera22 @ Mar 10 2009, 01:47 AM) <{POST_SNAPBACK}>
QUOTE (Bobby_Umit @ Mar 9 2009, 04:34 PM) <{POST_SNAPBACK}>
QUOTE (ThaitoUSA @ Mar 9 2009, 05:18 PM) <{POST_SNAPBACK}>
Would Thailand be considered high fraud as well? I just presumed it is, being similar to Vietnam, Philippines, etc.



Asia - they would be looking for red flags...

the scenario wd change pretty soon . I agree to Pushbrk. Soon americans wd immegrate to countries like India as because cheap goog lifestyle with lesser hassle. Then the game will be other way around. The 3rd world concept is about to change and 3rd worlds will no more be 3rd worlds. The hierarchy is changing.
And Bobby_Umit pls stop confusing people by issuing names of countries which are/are not considered fraud. You & me are no USCIS ...so we are in no charge of issuing country names and posting bad reputation in their names. Pls there has been no official list that has been issued. So pls i think VJ shd refrain from confusing people. All people with correct intentions and honesty and bonafide relation & marriage will of course pass. Thanks



If you read my post correctly, you will notice it says it's not official.

It's just what an actual USCIS worker told me.

Also - if you do a standard search on the US State department site, new releases and other sources of material from the State - You will see every one of the countries mentioned by me is considered to be at higher risk of fraud then other countries.

If you dig more into the information releases from the State/FBI/USCIS you will see them pop up more than normal.

My own experience, after reading through all this information, and the posts on this site, lead me to conclusion that the countries I listed are actually listed for "high fraud" for very good reason.

I do not see how anyone would be confused by it.

Yes, if you can pass the "fraud" check, you will not have any problem at all.

Edited by Bobby_Umit, 10 March 2009 - 10:18 AM.

Bobby+UmitMaleTurkey2009-03-10 10:16:00
K-1 Fiance(e) Visa Process & ProceduresHigh Fraud consulates or embassy or country
QUOTE (ThaitoUSA @ Mar 9 2009, 05:18 PM) <{POST_SNAPBACK}>
Would Thailand be considered high fraud as well? I just presumed it is, being similar to Vietnam, Philippines, etc.



Asia - they would be looking for red flags...
Bobby+UmitMaleTurkey2009-03-09 16:34:00
K-1 Fiance(e) Visa Process & ProceduresHigh Fraud consulates or embassy or country
QUOTE (DavChels @ Mar 9 2009, 04:59 PM) <{POST_SNAPBACK}>
Any rhyme or reason to putting the beneficiary in AP? I've seen mostly Middle East, also remember seeing one from the UK. I've seen the horror stories/forums and I'm scared to death to make any plans post-interview until the visa is IN HAND because of the AP threat. I've seen for common names, maybe criminal past, not quite sure but anyone know WHY?????



Usually because of the common names, for example, Ahmed Mohammad gets 32 million google hits.


No imagine you are doing a search for your Ahmed?

Your right not to make plans till the visa is IN HAND good.gif


Bobby+UmitMaleTurkey2009-03-09 16:11:00
K-1 Fiance(e) Visa Process & ProceduresHigh Fraud consulates or embassy or country
QUOTE (Victor&Cory @ Mar 9 2009, 04:09 PM) <{POST_SNAPBACK}>
QUOTE (justashooter @ Mar 9 2009, 03:57 PM) <{POST_SNAPBACK}>
romania is not considered low risk. i know 2 cute little romanian waitresses here in my little town in south central PA that arrived K1, ditched their intended without marriage, stayed illegal, popped out anchors, and are looking for someone to legitimise their overstay (impossible). if you're interested i can save you the bux and introduce them. they're both attractive ...

seriously, if you two write a bunch of e-mails and take a 1 week vacation together neither of you have any idea of what you are getting.



I seriously hope this wasn't a joke because it's a bad one. Besides...like people say...from any bush a rat can come out of it (meaning that fraud can happen anywhere).

Thanks for all the really good info that was put in this thread.

PEACE my friends........



Sadly, I have seen, heard of cases just like justashooter posted about. - Check the link on the US Navy - Russian bride scam wacko.gif

True - but some bushes are more prone to produce rats than others....
Bobby+UmitMaleTurkey2009-03-09 15:18:00
K-1 Fiance(e) Visa Process & ProceduresHigh Fraud consulates or embassy or country
True about Nigeria...

jest.gif
Bobby+UmitMaleTurkey2009-03-09 14:58:00
K-1 Fiance(e) Visa Process & ProceduresHigh Fraud consulates or embassy or country
Interesting question.

No list that I am aware of, but after talking to my USCIS buddy, He considers these to be the top runners. (un-official of course)


1. India
2. China
3. Vietnam
4. Nigeria
5. Philippines
6. Brazil
7. Colombia
8. Russia (and the rest of the old USSR - Sorry Cold War Warrior I am)

I had asked him what was the main reason for the fraud, and he said the first 5 are mostly due to slave traffic (sex slaves), and welfare fraud (bring them over, collect off of Uncle Sam).

(He specifically mentioned the Russian case from last year - with the US Navy guys) Russian - US Navy Scam

He said they get a lot of "pre-arranged marriages" to try to avoid the visa wait (for immigration) and for money.

They pay a lot of attention to people from the Middle East, Asia and Latin America. (terrorist threat level I suppose)
(and seeing the long AP's for some of the middle eastern petitions, I believe it!)

Flags that raise extra interest is how you met the person, and how they are related.

(For example say for China, your girlfriend's aunt introduced you via her brothers sister....)


One thing he mentioned was that they are seeing a rise in VAWA requests, to the point the "bride" to be doesn't even meet up with the guy, just runs to the cops and claims battery.

Ouch...


Bobby+UmitMaleTurkey2009-03-09 13:09:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!
QUOTE (firdaus @ Feb 19 2009, 10:51 PM) <{POST_SNAPBACK}>
all these sucess stories make my fiancee chances good....now here is the situation my fiancee is from germany she is finished with school and wants to come visit in april...my sisters weddin is in april aswell...now that she decided to come i diddint want it to be a 2 week thing i want her to stay for the full 3 monthes mean while we can start planning our wedding NOT PLANNING DATES just picking out a place her dress food and so on.... i understand that proof of returning is very importent...but what type of proof should she bring because she finished school does not work and lives with her family....were both young shes 18 and im 19 ...thanks in advance!!!



Return ticket is a good "proof"

Other than that, there is nothing else she has available.

Bobby+UmitMaleTurkey2009-02-19 22:57:00
K-1 Fiance(e) Visa Process & ProceduresThe RFE Master List
QUOTE (amykathleen2005 @ Jan 16 2009, 12:02 PM) <{POST_SNAPBACK}>
Hello,

Just about to submit the I-129F. My fiance and I were both students at an American university and a UK one. Do you think that transcripts and acceptance forms and ids from the time we were both at each would be primary evidence. I mean I don't know alot of people who save all of the documents you need like boarding passes, etc. And I my passport was never stamped both times I went into Manchester.

What do you think?



It should be enough, you may want to check with the airline you used to see if they can provide proof of travel.


Bobby+UmitMaleTurkey2009-01-16 12:08:00
K-1 Fiance(e) Visa Process & ProceduresHELP PLS- Incomplete documentation for K1

Well - that sucks. Only the single most important form. :bonk:

I would hope that USCIS will look at the other forms (G-325A etc) to determine who/where to send the stuff back to - It should be rejected. A couple of weeks should be enough time to expect this to happen.



:o - the address should be on the envelope one would hope :)

There are times you should be like Santa, make a list, check it twice.... :yes:
Bobby+UmitMaleTurkey2010-03-24 10:05:00
K-1 Fiance(e) Visa Process & ProceduresI 129f in MS Word Format!!!
Security properties of the PDF state you can't change the document (you are), document assembly (you are), Page extract (you are), creation of Template Pages (you are).


So, IMO - using this form would be "bad".


I am curious why you would think making the form in Word format would make it "a lifesaver"? The provided pdf (fillable) form all ready saves you time and effort.

Doing all the formatting on the fly, missing items, font size - seems like more work and a great chance to screw up the form.
Bobby+UmitMaleTurkey2010-03-26 10:37:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Packet Questions

Hi everyone -- I'm very excited to be doing this, following the VJ instructions and tips for putting together the I-129F packet to send to the California Service Center next week -- and I have a few questions:

1)Using the templates for the Letters of Intent, is it OK for each of us to use the exact same minimal language, or is is OK to change it up a bit to make it seem more individually and personally written, or does it really matter?
I used the same minimal information. Use the "KISS" methodology.

2)Choosing samples of a voluminous email correspondence to document our ongoing relationship, does the content of the emails factor into it, or just their existence over the given time span? I was tempted to include everything, but edited it down to a small sampling of the larger volume -- is that good?
Little from each month is what I did, spanning the entire length of convo.

3) Photos as well, it's hard for me to be a 'minimalist' and not include everything! I narrowed it down to five photos of us together on our visits, one of them if Fátima with my two children, and the other four are us together, 2 in Portland and 2 in London.
I think I had 4 photos. This is more important at the interview - so have your Fiance(e) take more at that time.

4) Is it good to number the pages of the packet and make a table of contents, or it that going too far / too obsessive?
You can - but I didn't.

Thanks for any help and reassurance ! !

Doug B


Bobby+UmitMaleTurkey2010-03-26 10:05:00
K-1 Fiance(e) Visa Process & ProceduresMy fiance had to return to Thailand. What can I do?

You can try having the K-1 visa revalidated at the embassy that issued it. Her I94 date is still valid, yes?
Will probably need some proof of her emergency.

She will not get the full 90 days this time, only the remaining time on the I-94. She will need to return and get married ASAP.

Failing that, you will probably have to file for another K-1.

I'm sure others will come along and chip in.



Good advice Posted Image
Bobby+UmitMaleTurkey2010-03-27 20:48:00
K-1 Fiance(e) Visa Process & ProceduresHelp Filling Out I-129F and G-325A

I'm a little confused on how to fill out the names in the I-129F and G-325A because Russian and Ukrainian names are different than what I'm used to.

My fiancee is Ukrainian and the way she says her name is Morozova Kseniya Sergeevna. That is Family Name, First Name, Dad's Name

So my questions:

What do I put for the Middle Name?
She doesn't have one, so you would either put "N/A" or "NONE".

On the G-325A, it first asks for her Family Name, then directly underneath that, it asks for All Other Names Used (including names from previous marriage). She is divorced and still retains her last name from that marriage. So which names should I put as her Family Name and which for All Other Names Used?
You would put her complete family name for the first part (without the divorced name) and in the "other" section, just list the previous married last name.

Lastly, what do I put for File Number at the top right of the G-325A form?
If she was assigned an alien number - you would put it there - she probably does not have one at this point.


Bobby+UmitMaleTurkey2010-03-29 10:32:00
K-1 Fiance(e) Visa Process & ProceduresTranslated Divorce Decree

Because my fiancee is divorced and her divorce decree is in Ukrainian, I assume I will need to get this translated, correct? I also assume it must be a certified translation. So, should I send the USCIS a copy of the certified translation or should I send the original certified translation? Also, should I include the Ukrainian version along with the translated version or not?

Thanks!



<LI>Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address


it's that simple. You will need to include the non-english document with the translation document.


and

USCIS no longer routinely requires submission of original documents or "certified copies." Instead, ordinary legible photocopies of such documents (including naturalization certificates and alien registration cards) will be acceptable for initial filing and approval of petitions and applications.


Edited by Bobby+Umit, 30 March 2010 - 11:01 AM.

Bobby+UmitMaleTurkey2010-03-30 10:59:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate I-129F

But would the OP then also need to supply the BC at this point if the deed poll only reflects the current name? It just seems strange to me, to submit the deed poll without the BC. Then of course, much in this game seems strange to me.




They only showed the name change on the 325 - so they would just need to show the proof of the legal change. (for that document).

If they are starting the 129F - no need for the benificiarys BC at this point - but they will need it at the AOS. (same thing, will need to show proof of the legal change)
Bobby+UmitMaleTurkey2010-04-01 07:59:00
K-1 Fiance(e) Visa Process & ProceduresBirth Certificate I-129F

I am a UK Citizen and the beneficiary of an I-129F petition.

At age 7 my name surname was changed to that of my mums new husband/stepdad. I am now 22.

I have declared this on the G325A form.

As the beneficiary do i need to submit the legal name change form? If i do, do I need to provide my birth certificate as well?

I only have my short form birth certificate, and I heard RFE can occur if this is all that is submitted.

There are so many conflicting opinions..

but does anyone have a definitive answer for me... What should i include in the pack?

Thanks for your help Posted Image


If you have a legal name change (and you showed this on the submitted 325) you will have to send proof of this to the USCIS at the same time as these documents.

Do you have that document? (proof of the surname change)
Bobby+UmitMaleTurkey2010-03-31 15:54:00
K-1 Fiance(e) Visa Process & ProceduresDoes this seem ok to you?

This information is so NOT TRUE. There is no requirement to file the paperwork before the 90 days is up on the I-94 you'll be given upon arrival. It IS SUGGESTED that you file within 90 days but there is no requirement. You CAN get all the paperwork ready before the mariage and then once you have a certified copy of the marriage certificate (that's the document they want to see), you can add that and mail the package off the day that it arrives.





Yes - it is true, in a way. The requirement is not part of the K-1 visa (or any visa for that matter), it's a requirement of the I-94 issued.

Your status is controlled by the I-94. If you go out of status, you could have issues with ICE, and you are accruing 'unlawful presence' . Go 180+ days and you are looking at a ban if you leave (even if the AOS is in process and your granted an AP).

Only the AOS stops you from getting this 'unlawful presence' and getting days counted against you. (stops the clock so to speak)

Being out of status will not prevent you from doing the AOS however - but it's best to get it done prior to the I-94 expiring (or as close as you can).

(ICE issues, medical may expire (requiring you to do the whole medical again), the off chance that the AOS is denied, and the immigrant has to return home to process, and if they have 180+ 'unlawful presence' , ban time...*)

All spelled out here.


(*disclaimer - most people will likely have no issues like I have described above, but are you willing to take the chance? It's basically a risk vs rewards question - there are posts here on this forum where all things like this has happened.)
Bobby+UmitMaleTurkey2010-03-29 14:02:00
K-1 Fiance(e) Visa Process & ProceduresInclusion of I-129F Cover Letter and Check
I wouldn't recommend staples on checks - makes it hard to remove them for banking purposes (and it gives a chance to mutilate the check, making it useless).

Depends on does the filing at USCIS.

Paperclip would suffice IMO.
Bobby+UmitMaleTurkey2010-03-29 10:00:00
K-1 Fiance(e) Visa Process & ProceduresHere are some sample cases of denial and approval for K-1's
The way I read that - if he provided more information, they may of accepted it, but then again, they didn't even mention the benificary.

The petitioner would have to prove the benificiary cannot come to visit in the US. (there are some cases like that).

Basically, my take is, you have to exhaust all avenues of (not)meeting the requirement before they will allow it.
Bobby+UmitMaleTurkey2010-03-24 12:51:00
K-1 Fiance(e) Visa Process & ProceduresHere are some sample cases of denial and approval for K-1's
Guy didn't have to go to Iraq to meet - was approved.

USCIS admin

Guy was on disability (was getting SSI) - was not approved.

Another USCIS admin


Both cases - evidence (or lack of) dictated which way they decided.


Here is an interesting case where the Muslim petitioner was denied because of not meeting in the 2yr requirement - and the reason USCIS almost always denies this reasoning (Based on Islamic law):
Last USCIS link

The AAO notes that U.S. Citizenship and Immigration Services has experience with similar applications and relies on information provided by Imam Islamic Foundation of North America, which states:

It is declared that according to Islamic Law and practices, any adult Muslim boy or girl are not allowed to date or meet his/her partner before marriage.
However, for finalizing the decision of maniage, it is permissible for both to see each other in the presence of their families.




Go here if you want to read more.





(and remember The burden of proof in these proceedings rests solely with the petitioner. Section 291 of the Act, 8 U.S.C. $ 1361.)
Bobby+UmitMaleTurkey2010-03-24 10:22:00
K-1 Fiance(e) Visa Process & Proceduresmailing address
As long as the paticular form you are using does not forbid it, yes.
Bobby+UmitMaleTurkey2010-04-06 08:14:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

To my knowledge, London (and other consulates) prefer to take current situations into consideration over possible future employment.


You are correct - on the basis for the affidavit:




Can a credible offer of employment for the visa applicant replace or supplement an insufficient Affidavit of Support?

No. The law does not allow for consideration of offers of employment in place of the I-864. A job offer may not be counted in reaching the 125 percent minimum income.

Bobby+UmitMaleTurkey2010-04-08 14:08:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

Do you know if they'll accept cosponsors who are not immediate family members?



As long as they meet the requirements (USC/LPR/18+/income sufficient for # of people) to sponsor - yes.
Bobby+UmitMaleTurkey2010-04-08 12:09:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

I know the I-864 specifically allows for any US citizen to be a joint sponsor, but as far as I know, I-134 cosponsors are only allowed at the discretion of the consular officer. Most consulates are fine with them, but some can be fussier than others. Some, I think, may only allow for immediate family members to be the I-134 cosponsors. Does anybody with direct experience with Ankara know exactly what they will and will not accept with regards to I-134 cosponsors?



They accept them.
Bobby+UmitMaleTurkey2010-04-08 11:57:00
K-1 Fiance(e) Visa Process & ProceduresHELP HELP PLEASE!!!

Yes, but consulates take it upon themselves often times to apply 125% (London does this). I'm not sure what Costa Rica does. But also, as you must have 125% for the affidavit of support that accompanies the adjustment of status application (once he arrives in the US), it's best to get that in line now anyway.



Correct - in my dealings with Ankara, they like 125%, and will grill you at 100%. (as in, they will look more at your evidence and decide appropriately)

Since your using a co-sponsor - I would plan on the 125% level - my two cents.
Bobby+UmitMaleTurkey2010-04-08 10:22:00
K-1 Fiance(e) Visa Process & Proceduresbeneficiary's name in NOA1 is misspelled.

hi everyone!

just received my NOA1 and realized that my fiancee's name is incomplete and misspelled.

she has 3 names in her given name and only the first two names were written, and the second one is misspelt.

is that going to be a problem? should i call and inform USCIS about this and ask for it to be corrected?

thanks.



As per the notice written on the NOA, if any information is incorrect, contact them and correct it.
Bobby+UmitMaleTurkey2010-04-07 07:58:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?

Yes. Though the K1 is technically "dead" on arrival, it is the status under which you arrived and as long as you have followed it's requirements you are protected from deportation. Not from being hassled. As there is no law governing WHEN AOS must be applied for, only that marriage must occur within 90 days, the immigrant is protected by this "lack of law" rather that there actually being a specific law about it.

I understand your point if it's a simple visitors visa type situation but the K1 has it's own specific laws/rules. The immigrant is protected by the law that states "marry in the 90 days then file AOS as soon as possible". They will detain the immigrant (and lots of fees arise from this) and then the judge will instruct the immigrant to file AOS.

I am in no way suggesting this as a course of action and in fact believe you should marry and AOS ASAP... but the law is on the K1's side if it ever is bought before a judge... which I would hope most people would be smart and do everything in their power to try and avoid.



My read of the K-1 and the I-94 differs from yours I suppose.

Take a look at this document - and read over the i-94 and the K-1.

USCIS I-94

Your absolutely right there is nothing written in the K-1 that you have to AOS in the 90 days, because it's understood that the immigrant would follow the rules on the I-94 when it's issued. (VISA <> I-94)
Bobby+UmitMaleTurkey2010-04-10 21:26:00
K-1 Fiance(e) Visa Process & ProceduresWould I be hurting our chances if I applied for a K-1 now?


- If she does marry you in the 90 days, but hasn't applied for AOS yet, she is out-of-status but not "technically" deportable. She can be detained but not actually deported


Can you show where this is written?

From my understanding of the law, deportation or removal from the US is based entirely on immigration status, not martial status.

Being married does not change the immigration status, only the AOS (by virtue of being married to an USC, in this case) would.

If you get an IJ having a bad day if they find you out of status, your going to have a bad day.
Bobby+UmitMaleTurkey2010-04-08 14:32:00