ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFiancee's previous K1, stayed in US beyond 90-day limit
QUOTE (stv62208 @ Dec 11 2007, 11:38 PM) <{POST_SNAPBACK}>
QUOTE (Kathryn41 @ Dec 11 2007, 07:54 PM) <{POST_SNAPBACK}>
I am sure someone who is more familiar with this particular situation will chime in, however, the good news is that she did depart the US when it turned out that a marriage between her and her former partner was not going to work. The real problem with overstaying a visa occurs if you have more than an 180 day overstay, which will trigger a 3 year ban. A 90 day overstay will probably trigger questions of her during the interview - why did you not marry the former petitioner; why did you not leave before the visa expired, etc. There are answers to these questions and she should be prepared to give them. The circumstances on why she did not leave right away will probably be of interest and it may be quite acceptable to the interviewing officer (ie. we had doubts and still thought the relationship would work, then decided it was really over, etc.) As I said, the good news is that she did return home and she didn't incur a ban even though she overstayed.

The most important thing to remember is that you both must be up front with this information. USCIS already has the information about her former K-1, and the Russian Consulate staff will probably be interested as well in this second visa. There is nothing you can do about that so you might as well prepare for it from the very beginning. Just do not lie or even 'lie by omission', which could be interpreted as not presenting relevant information with the application or the interview.

If it were me, I would want to include the stamp that shows her re-admission to Russia to verify the date she left the US along with a text explanation giving the circumstances of why she didn't marry her former fiance and why she overstayed the visa. Since you know it will raise a red flag it is better to address the issue up front - it will tend to reduce the 'redness' of the flag and will show you are trying to be as honest and forthright as you can.

As I said, if someone else has different information that is specific for the Russian Consulate, I am sure they will correct me.



Thanks very much for the reply. This is so good to hear! smile.gif One simple question about your reply: When you say "a 90 day overstay", do you mean "any overstay beyond the allowed 90 days", or do you mean "an overstay of 90 days more than the allowed 90 days?" It probably won't make much difference either way, and I know you aren't giving me 'certified legal advice', but I want to understand your opinion precisely. I guess we are lucky, the overstay was less than 180 days, and the 3 year ban has passed by now anyway.

I will wait to hear other replies, but I agree with your opinion. I am thrilled to hear that, most likely, this is only a small problem. I would like to avoid the cost of a lawyer, but with this issue in the air, it might be the best solution.



90 day overstay means just that. If your permission is valid for 90 days, you wouldn't have a 90 day overstay until you've been in the country for 180 days. (In other words, to overstay a 90 day permission by 90 days, you would have to be in the country approximately 6 months.)
Be advised that a 90 day overstay in and of itself will not trigger a ban - just that it may raise some questions. Once you get to 180 days of overstay, that's when a ban is triggered and a waiver would be required, but since she seems to only have overstayed for 45 days, neither one of these possibilities should be a problem, though I'd be prepared for questions at the interview, just in case.
athena_nyFemalePeru2007-12-12 00:24:00
K-1 Fiance(e) Visa Process & ProceduresRegarding K1 !! Specific Case ........Pls Help !!
QUOTE (amlan70 @ Dec 12 2007, 01:24 AM) <{POST_SNAPBACK}>
Administrators pls help me to delete my account .as I think I am being charged upon for posting in only once in a Canadian Immigration forum back in June 2007 .............


You need to PM Captain Ewok to get an account deleted or with any complaints of harassment.
athena_nyFemalePeru2007-12-12 10:47:00
K-1 Fiance(e) Visa Process & ProceduresRegarding K1 !! Specific Case ........Pls Help !!
You could marry while in the country since you had no intent upon last entry, but since you dated online for some time, and you would have to show proof that you did not intend to stay, this could present a sizeable hurdle.
You cannot come back on a business visa in a few months and marry and adjust status, that would be visa fraud because of your intent...you could marry here, return to India, and do K3 or CR-1, or return and do a K1.

If your fiancee has no dependents, 30K will be enough to sponsor you.
athena_nyFemalePeru2007-12-12 00:38:00
K-1 Fiance(e) Visa Process & ProceduresIs this true?
QUOTE (pushbrk @ Dec 12 2007, 11:05 AM) <{POST_SNAPBACK}>
QUOTE (mox @ Dec 12 2007, 08:02 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Dec 12 2007, 07:47 AM) <{POST_SNAPBACK}>
Words mean things. There is no US Consulate in Cuba.

Sometimes words don't mean what you think they mean, eh? smile.gif smile.gif


Sometimes. That's why we have a group. There is no US Consulate in Cuba, but there is a Consular section and they definitely do CR, IR and K visa interviews.

I now realize the third country issue was for meeting in person, not the visa interview.

So mark your walls with a big red crayon. Pushbrk blew it. yes.gif


Sadly, most people don't even do the third country thing when involved with a Cuban. They just go and break the federal travel embargo laws. (In rare cases, this is allowed, but usually...not. But as long as they've met, it's overlooked.) Cuba visas/entering the US/adjusting status are so different from the way the rest of the world functions that I just get confused.
athena_nyFemalePeru2007-12-12 11:18:00
K-1 Fiance(e) Visa Process & ProceduresIs this true?
QUOTE (pushbrk @ Dec 12 2007, 10:57 AM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Dec 12 2007, 07:51 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Dec 12 2007, 10:47 AM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Dec 12 2007, 06:42 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Dec 11 2007, 04:56 PM) <{POST_SNAPBACK}>
QUOTE (Brian & Kathy @ Dec 11 2007, 02:53 PM) <{POST_SNAPBACK}>
I beleive the one exception to the rule is Cuba, they get processed by the service centers early. I heard it has something to do with the consulate there, but I'm sorry I don't know the specifics of it. But I've seen many Cuba applications processed early for sure.



Not sure about the processing but there is no US Consulate in Cuba.


But there is this...

http://havana.usinte...on.gov/acs.html


That's not a Consulate and there is not IV unit or involvement in any family based visa process going on there.

See below from your link.

American Citizen Services
American Citizen Services -Information for Travelers

The U.S. Interests Section (USINT) represents American citizens and the U.S. Government in Cuba, and operates under the legal protection of the Swiss government. The Interests Section staff provides the full range of services for American Citizens in Cuba.

Words mean things. There is no US Consulate in Cuba.


If you go to the "Visas to the US" section, it looks like they do process family based visas like a consulate would.


The more I read, the more you seem to be correct. I wonder why I had the impression our VJ members' fiances and spouses traveled to another country to interview.


I was, too ... seems like misinformation spreads like wildfire around here wink.gif
athena_nyFemalePeru2007-12-12 11:00:00
K-1 Fiance(e) Visa Process & ProceduresIs this true?
QUOTE (pushbrk @ Dec 12 2007, 10:47 AM) <{POST_SNAPBACK}>
QUOTE (fwaguy @ Dec 12 2007, 06:42 AM) <{POST_SNAPBACK}>
QUOTE (pushbrk @ Dec 11 2007, 04:56 PM) <{POST_SNAPBACK}>
QUOTE (Brian & Kathy @ Dec 11 2007, 02:53 PM) <{POST_SNAPBACK}>
I beleive the one exception to the rule is Cuba, they get processed by the service centers early. I heard it has something to do with the consulate there, but I'm sorry I don't know the specifics of it. But I've seen many Cuba applications processed early for sure.



Not sure about the processing but there is no US Consulate in Cuba.


But there is this...

http://havana.usinte...on.gov/acs.html


That's not a Consulate and there is not IV unit or involvement in any family based visa process going on there.

See below from your link.

American Citizen Services
American Citizen Services -Information for Travelers

The U.S. Interests Section (USINT) represents American citizens and the U.S. Government in Cuba, and operates under the legal protection of the Swiss government. The Interests Section staff provides the full range of services for American Citizens in Cuba.

Words mean things. There is no US Consulate in Cuba.


If you go to the "Visas to the US" section, it looks like they do process family based visas like a consulate would.

Edited by meow mix, 12 December 2007 - 10:53 AM.

athena_nyFemalePeru2007-12-12 10:51:00
K-1 Fiance(e) Visa Process & ProceduresCan i start to apply for AOS before getting married?
QUOTE (clod @ Dec 12 2007, 11:10 AM) <{POST_SNAPBACK}>
I am in the USA on a K1 visa that is valid for 90 days, i just came here last week.
Me and my fiancee` want to get married at the beginning of January.
Can i start to apply for AOS right now?
What else can i start to do right now?


No. Without a marriage certificate you have no basis upon which to adjust.
athena_nyFemalePeru2007-12-12 11:15:00
K-1 Fiance(e) Visa Process & ProceduresDid I miss something?
QUOTE (mox @ Dec 12 2007, 07:02 PM) <{POST_SNAPBACK}>
Okay, I might be way off base here (and possibly off-topic), but as I understand it entering the US on a non-fiancee visa is fraud if your intent is to marry. However (and I know it's not the case for the Yahoo OP) if you enter the US and then fall in love and get married while in the country (let's say on a student visa), then it is possible to adjust status and stay in the country. Am I wrong?


It's intent to stay, not just marry. You can marry and leave, which is not fraud.
athena_nyFemalePeru2007-12-12 19:54:00
K-1 Fiance(e) Visa Process & ProceduresK1 costs ??
I fail to see how asking the cost means it's not a good time for you.

You make it a good time. We could have kept saying it wasn't a good time to file for AOS and my husband could have gone on incurring illegal presence...it's called saving, though.

QUOTE (Jesse G @ Dec 20 2007, 10:32 AM) <{POST_SNAPBACK}>
FWIW, I didn't include the lifting of conditions and citizenship because:
1) citizenship is optional
2) once the immigrant gets a job, you can say, "pay for your own lift of conditions, beeyotch!!"

The latter brings up another question about who foots all this cost. I'm curious and tempted to start a new thread about this, but I'm too lazy right now... So maybe tonight...

Lots of good input on this thread good.gif


My husband paid entirely for his own AOS. Well, sort of. Used wedding money for it, as well.
athena_nyFemalePeru2007-12-20 11:50:00
K-1 Fiance(e) Visa Process & ProceduresAge requirement for K1
QUOTE (JKD_88 @ Dec 19 2007, 09:39 PM) <{POST_SNAPBACK}>
QUOTE (Len_and_Bren @ Dec 19 2007, 07:48 PM) <{POST_SNAPBACK}>
QUOTE (JKD_88 @ Dec 19 2007, 05:38 PM) <{POST_SNAPBACK}>
That's so interesting, I am 19 and my fiance is 17, I wonder how many of us on here are getting married young, that would be an interesting thread.


I would think a lot of people marry young -- to all of you: BEST of luck good.gif . And don't let people put you down with HOW DARE YOU?!?!?! comments wink.gif


Oh thank you so much, you know you are the first person to tell me that outside of my family. Support is always welcome, thanks again good.gif


I got married at 20, my husband was 22. I never would have married at 17 or 18, but we were still young - and we celebrate our 1st anniversary in two weeks. good.gif
athena_nyFemalePeru2007-12-20 09:04:00
K-1 Fiance(e) Visa Process & ProceduresAge requirement for K1
QUOTE (LaL @ Dec 18 2007, 02:40 PM) <{POST_SNAPBACK}>
QUOTE (Kezzie @ Dec 18 2007, 01:26 PM) <{POST_SNAPBACK}>
I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez


I am not sure if a member is stating specifically the birth certificate has been falsified. He indicated an ID. That said, I am going to provide the vanilla but very important response in warning:

Be careful about giving advice that can be interpreted as a violation of immigration law. Making a material misrepresentation, by omission as well as by commision, is a a serious offense.


I think it was more the other member suggesting they pay to get things altered that set Kezzie off.

Anyway. Ewok and you addressed it so I suppose it doesn't need further discussion.
athena_nyFemalePeru2007-12-18 16:43:00
K-1 Fiance(e) Visa Process & ProceduresAge requirement for K1
QUOTE (Kezzie @ Dec 18 2007, 02:26 PM) <{POST_SNAPBACK}>
I am astonished that anyone would post information on this board that is encouraging someone to get a birth certificate falsified so that an underage person can get a visa.... if she is not 20 then she can not marry... makes no diffrence how old the petitioner is.... to encourage people to get official documents altered is against TOS....

Kez


good.gif
athena_nyFemalePeru2007-12-18 14:42:00
K-1 Fiance(e) Visa Process & ProceduresAge requirement for K1
QUOTE (mox @ Dec 18 2007, 11:05 AM) <{POST_SNAPBACK}>
QUOTE (JKD_88 @ Dec 18 2007, 07:58 AM) <{POST_SNAPBACK}>
I'm in the same boat, my fiance is 17 and I am 19 what you can do is what we're doing. Make sure she gets emancipated as soon as possible. That way she is free to marry.

I suspect that's much easier done in Brazil than China.


I would think so, too. yes.gif
athena_nyFemalePeru2007-12-18 11:35:00
K-1 Fiance(e) Visa Process & ProceduresWould I need a sponsor?
QUOTE (awu25 @ Dec 23 2007, 11:56 PM) <{POST_SNAPBACK}>
I(petitioner) have lived abroad for four years and just returned to the states Jan of this year. I have duel citizenship and was working abroad as a local citizen and never filed tax return in the states in the years I lived there.

I am self employed in the state now and didn't work for many months this year and the total income for the year is about $25,000. I live in New York city and there is no way anyone can survive with $25,000 income. I will definitely make more than that next year as I will get more cases. Would they ask me to get a sponsor?

Also, does the petitioner need to get police certificate? I have no criminal history. If so how long does it usually take?


Since the poverty level calculation is so out of date, it doesn't matter. A true poverty level calculation would be city-specific, but since the US government doesn't do this, they don't care.
athena_nyFemalePeru2007-12-24 12:37:00
K-1 Fiance(e) Visa Process & ProceduresBulgarian Fiance'
QUOTE (mommawwleeb @ Dec 30 2007, 07:03 PM) <{POST_SNAPBACK}>
helpsmilie.gif OK
So I'm the mom and doing leg work for the "kids" son meets beautiful Bulgarian woman this summer while home on leave and she is in the States working with Student Work Visa, son proposed from an undisclosed deployment location Christmas Day....beautiful girl had already gone to the Bulgarian Embassy for Visitor Visa. Could they get married in the States next month while she visits? What should she do? Has meeting with Bulgarian Embassy Jan 22....thanks for the guidance!


She can get married, but can't stay, and would have to return to Bulgaria and apply for a K-3 or CR-1 visa. If she stays, since they're already talking about getting married, they may have a hard time proving there was no intent to stay and adjust status, which could cause a lot of problems, mainly, visa fraud which is a deportable offense.
athena_nyFemalePeru2007-12-30 19:09:00
K-1 Fiance(e) Visa Process & ProceduresForeign Tourist Visas
QUOTE (Gwen666 @ Dec 31 2007, 09:59 AM) <{POST_SNAPBACK}>
She is still going to be a citizen of Peru, so no, it won't be any easier - it will be the same.


May be easier to prove ties since she has a husband, etc. but the fact she's from Peru won't...and Peruvians as a rule have a hard time getting visas. ;x
athena_nyFemalePeru2007-12-31 10:08:00
K-1 Fiance(e) Visa Process & ProceduresLosing UK citizenship
You have to actively renounce it to lose it. The US won't recognize it, but that is to prevent you from (if you get in trouble) going to the consulate for assistance with legal issues, etc.
athena_nyFemalePeru2007-10-21 16:05:00
K-1 Fiance(e) Visa Process & ProceduresAnti-Abuse class?
QUOTE (wizardfitz @ Dec 31 2007, 02:29 PM) <{POST_SNAPBACK}>
Sorry I dont know the actual name of the class, but somewhere i heard that the fiancee is supposed to take a class. My fiancee is in the Philippines. I think the class is to warn them about abuse and possible things their spouse might do. Does anyone know how far out this class can be taken? we are trying to be as proactive as possible and get things done before they are needed. any help would greatly be appreciated. Especially an address or phone i Manila.
Thanks in advance, and HAPPY NEW YEAR


I believe it's the Cenomar seminar you're talking about - a google or VJ search will tell you more if no one is around at the moment from the PI.

Edit: CFO

Sorry, I got them mixed up...too much drinking and VJ'ing.

Edited by meow mix, 31 December 2007 - 09:50 PM.

athena_nyFemalePeru2007-12-31 14:34:00
K-1 Fiance(e) Visa Process & Procedurespetition
QUOTE (bevs @ Dec 31 2007, 10:13 AM) <{POST_SNAPBACK}>
Hello to all the members,
i just want to ask something, my fiance and i were been together for 3 years now, we even have a 2 years old son already. since his not a US citizen yet, we need to wait for him to accomplish his needs so he can able to petition us. Recently he already take the test and able to passed the test, but his ceremony still due on Jan and he want to file something for us now, were just wanted to know if it is possible to us to make a step for him to file petition for us even his passport is not on him yet? please help our doubtful mine. thanks


I think he has to be sworn in before he can petition you.
athena_nyFemalePeru2007-12-31 10:16:00
K-1 Fiance(e) Visa Process & ProceduresMedical Benefits for Fiance(e) Upon Arrival in U.S.
QUOTE (julezabelle @ Dec 31 2007, 12:48 PM) <{POST_SNAPBACK}>
QUOTE (Jesse G @ Dec 31 2007, 12:21 PM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Dec 31 2007, 11:18 AM) <{POST_SNAPBACK}>
Was that traveler's insurance?


Yep. The coverage isn't nearly as good as what my employer will provide, but enough to give me an "### is covered" peace of mind.


I wouldn't recomend traveler's insurance as they contain specific clauses which indicate that if you are immigrating you are not covered through the travel policy. You need to find a short term immigrant's insurance. Google it, its out there!


That's why I was asking ... I heard about people obtaining traveler's ins. and having issues since they were actually immigrating.
athena_nyFemalePeru2007-12-31 13:11:00
K-1 Fiance(e) Visa Process & ProceduresMedical Benefits for Fiance(e) Upon Arrival in U.S.
QUOTE (Jesse G @ Dec 31 2007, 12:10 PM) <{POST_SNAPBACK}>
When my fiancee was here to visit (B-2), I got her medical insurance through IMG Global and was satisfied with cost and service. Fortunately, she didn't have to use it, so I can't testify to how good the coverage actually is. I'm planning to purchase from IMG global again for the time frame before marriage.

Good luck!


Was that traveler's insurance?
athena_nyFemalePeru2007-12-31 12:18:00
K-1 Fiance(e) Visa Process & ProceduresMedical Benefits for Fiance(e) Upon Arrival in U.S.
QUOTE (Texas Farang @ Dec 31 2007, 12:01 PM) <{POST_SNAPBACK}>
Initial discussions with my company's HR folks indicate that my fiancee cannot be included in my group medical/dental coverage and would not be considered a domestic partner -- even though the intent of the entire I-129F process is to arrange for immigration to the U.S. for the purpose of marriage. Further, by completing the required I-134 Affidavit of Support form the U.S.-based partner is in fact required to certify support.

I'm hoping that there are VJers who have encountered this challenge and can offer some advice and insight. How did you provide medical insurance for your fiance(e) prior to marriage?


I didn't...he had his own medical through his employer (yeah, we didn't go the K-1 route), but no dental, and we had to be married for them to cover him. (Though my employer would have covered him if he were the same sex as me ... )

With some companies and their policies, it's hard to get a K-1 fiance covered. Worst comes to worst, get married ASAP and get an SSN (since a lot of companies want/need this info again, based on their policies) so she can be added.
athena_nyFemalePeru2007-12-31 12:06:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (Aschaal03 @ Jan 3 2008, 03:49 PM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Jan 3 2008, 02:01 PM) <{POST_SNAPBACK}>
QUOTE (Aschaal03 @ Jan 3 2008, 02:29 PM) <{POST_SNAPBACK}>
I would think it would be very hard to believe, due to the closeness of the family relationship of first cousins. You'll need some kind of really good, concrete evidence. I'm not even sure what that would be. If I was an immigration officer, I would think you were just trying to get your cousin into the country through any means possible.


But you're not an IO, and who's to say first cousins are that close?

I've seen mine twice.

If you're talking about blood, that's all covered in state laws.


I am talking about blood. I'm not at all close with my first cousins, I'm just talking about the closeness of the blood-family relationship. I never claimed to be an IO, I said if I WAS this is the way I would look at it. I think it's important to put yourself in the interviewer's shoes to see what questions/concerns they might have.


Which has already been brought up, and if they have strong evidence, shouldn't be an issue.

If you have such an issue with it, write to your congressman.
athena_nyFemalePeru2008-01-03 17:30:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (mox @ Jan 3 2008, 03:19 PM) <{POST_SNAPBACK}>
My opinion: the OP specifically asked for the discussion to focus on the specifics of the case, and not drift off into personal values or other speculation. I think we should honor that request and take any other discussion to off-topic.


good.gif

I agree. I know we went partially OT with the nomers of common relationships in the family (aunt/uncle, mil/fil), but it is not our place to just the appropriateness of the relationship.
athena_nyFemalePeru2008-01-03 15:26:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (Aschaal03 @ Jan 3 2008, 02:29 PM) <{POST_SNAPBACK}>
I would think it would be very hard to believe, due to the closeness of the family relationship of first cousins. You'll need some kind of really good, concrete evidence. I'm not even sure what that would be. If I was an immigration officer, I would think you were just trying to get your cousin into the country through any means possible.


But you're not an IO, and who's to say first cousins are that close?

I've seen mine twice.

If you're talking about blood, that's all covered in state laws.
athena_nyFemalePeru2008-01-03 15:01:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (Jomo @ Jan 3 2008, 12:11 PM) <{POST_SNAPBACK}>
QUOTE (JKD_88 @ Jan 1 2008, 09:06 AM) <{POST_SNAPBACK}>
I am marrying my first cousin, who is from Brazil. Please no rude comments, it really isn't a big deal at all to marry your first cousin. In my state it's perfectly legal to marry your first cousin and my lawyer didn't mention anything as far as denial goes so I was just wondering...do any of you think that us being first cousins will be a reason for us to be denied? unsure.gif I really hope not.

Thank you



I honestly don't think it will fly. I think once it is revealed, it will look suspicious.


It will, which is why they need proof of a bonafide romantic relationship. If they have strong evidence of that, I see no reason that "it won't fly."
athena_nyFemalePeru2008-01-03 12:54:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (Zuli & Yansel @ Jan 2 2008, 09:22 PM) <{POST_SNAPBACK}>
I dont think you should let them know that he is your cousin because they will think that your relationship is a fake... My situation is similar to yours, im marrying my second cousin but they have no way to find out. GOOD LUCK


Look who just admitted to misrepresentation on VJ!
athena_nyFemalePeru2008-01-02 21:29:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (mox @ Jan 2 2008, 03:23 PM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Jan 2 2008, 12:04 PM) <{POST_SNAPBACK}>
Anyway, my whole point is it would make very little sense for you to be able to marry your first cousin and not your second. blink.gif

In Utah, it is illegal to fish while riding a horse.

Laws often make sense, but this is not a requirement. smile.gif


http://www.genetic-g...c115570145.html

Well it seems the UK agrees with me ... nowhere in those tables (most recently updated seems to be 1986) does it says 2nd cousin marriage is not allowed tongue.gif
athena_nyFemalePeru2008-01-02 19:31:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (Jeraly @ Jan 2 2008, 02:30 PM) <{POST_SNAPBACK}>
I never knew that biggrin.gif

I'm pretty certain in the UK it is fine to marry your first cousin but illegal to marry your second cousin... or something like that... In fact when I was younger I used to chase my cousin around the house trying to kiss him laughing.gif


Usually it's illegal to marry first cousins, but second cousins or third cousins or whatever the law. If first cousins are legal, then second cousins would be too logically because the reason most places outlaw the marriage of second cousins is you could be too close genetically - kind of the same reason you can't marry your brother or sister, though I believe there's a world of difference between the two.

Anyway, my whole point is it would make very little sense for you to be able to marry your first cousin and not your second. blink.gif
athena_nyFemalePeru2008-01-02 15:04:00
K-1 Fiance(e) Visa Process & ProceduresMarrying First Cousin
QUOTE (pushbrk @ Jan 2 2008, 09:17 AM) <{POST_SNAPBACK}>
QUOTE (Kazan @ Jan 1 2008, 08:54 PM) <{POST_SNAPBACK}>
No flames. Just asking... So which bond and title become stronger: Aunt & Uncle or Mother & Father-In-Law? I mean, after the marriage, who are the parents of the groom and bride?


Aunt and Uncle simply become Aunt and Uncle AND Mother and Father In-Law, on paper. What changes in the relationship, if anything, would vary with each case. It's really not an issue. In my experience, any introductions that include an explanation of "relationship" would be Mother and Father In-Law because they best describe how one couple is SOCIALLY related to the other. The Aunt/Uncle relationship would not be germane in a casual introduction. The family and close friends already know of the dual relationship.

My second wife's sister married their first cousin. In the every day course of life's communication, her father in-law remained either Uncle Jerry or simply Jerry but never Dad. They didn't have children but in other cases the children simply have one set of grand parents instead of two.


Wouldn't they still have 2 sets of grandparents? I mean, the way I see it you'd only have one set if your parents were brother and sister. If your parents are cousins, one set of grandparents would be your mother's parents and another set your father's parents, of which one of the parents would be brother/sister to one of the parents in the other set.

I think.

This is so confusing.

When my cousin married her stepbrother (which I think is weird because they grew up together but whatever), there would have been only one set of grandparents had they been able to have kids because my cousin's mother had abandoned them and her husband/stepbrother's father was out of the picture as well. My uncle wound up divorcing my cousin's husband's mother anyway and last I knew she was living up in the hills with her life partner and a bunch of cats, so she has little contact with anyone, but had it not gone that way....

Edited by meow mix, 02 January 2008 - 09:35 AM.

athena_nyFemalePeru2008-01-02 09:32:00
K-1 Fiance(e) Visa Process & Proceduresam i a criminal?
QUOTE (Me 2 @ Jan 4 2008, 09:49 AM) <{POST_SNAPBACK}>
NO! I'm not. If i have a 30 year old felony conviction (sell of 1 ounce of marijuana) on my records is it necessary to tell about this on my application for K-1 visa?

Also, i see on one site that i should send my (our) documents to Texas (i'm in Mississippi), and another web site has no mention of Texas, but for me to send documents to Vermont. Which is correct?

Also, is the Government a real pain for every "t" crossed and every "i" dotted? Everything has to be perfect? Cause there's alot of things to prepare for this visa request and it seems impossible to be perfect. I don't want to spend extra time & money because of "my Government's" inability and lack of desire to help and to understand a simple mistake that was made with these documents. Of course, we will do our best to do our best. I have read, from experienced people, that it is not necessary and best not to have this procedure handled by a lawyer.

Also, it was recently reported in the news, that a woman in Florida married, over a period of time, 20 guys from other countries so they could gain entry to America. How the hell does this happen!!

Thanks for replies, Bobby


If you're talking about the woman from Hialeah, the men she married were already in the country and most were illegal, so they didn't gain much benefit from it since she was only an LPR. But yeah, marriage fraud sucks. I think she more married them with empty promises of helping them out.
athena_nyFemalePeru2008-01-04 09:59:00
K-1 Fiance(e) Visa Process & Proceduresso confused...please help!
QUOTE (Jesse G @ Jan 1 2008, 03:54 PM) <{POST_SNAPBACK}>
QUOTE (chess @ Jan 1 2008, 02:48 PM) <{POST_SNAPBACK}>
I disagree with what the others have written. If he has no problem getting a student visa there's no reason why he shouldn't get it. It's normal for people to meet others while in school and fall in love and marry. If he has a student visa it would be for at least a year and it would be a good way for you two to be able to date longer before getting married. At that point you would just marry while on a student visa and then adjust status to become a permanent resident. You would never need a fiance nor a spousal visa as long as his student visa isn't expired. Plus during that whole time you will gather lots of proof of relationship and after you marry put things in both names, bank account, car ownership, ect. Keep all the same kind of evidence of photos ect. to prove you are married for love reasons and not immigration reasons. I don't think the student visa is risky. What is risky is getting a tourist visa with intention of marrying and applying for residency. The only thing you should consider is if you think he has a low chance of getting the student visa, for whatever reason like acceptance into university, then it just adds the complication if later you file a fiance visa you will need to add a letter of explanation. Something that will convince them that your fiance visa application that has just followed your rejected student visa is really for love reasons and not just some other way to try to immigrate to the U.S.


Again, this boils down to intent... if the intent is to use a student visa to come to the states, get married, and stay... That's fraud, using a visa for purposes other than what it was designed for. There's visa's for immigration via marriage. People should use them.

It's not fraud if the fiancée comes on a student visa, gets married, and the K-3 process is started at that point. The wife would then return to the home country when it's time to complete the K-3 application, etc.


You don't always have to return to the home country, but as F-1 isn't dual intent and upon applying for a student visa you need to show that you intend on returning to the country, I believe this situation COULD present a problem. Is it definite? No, but I believe I told the OP to consult a lawyer anyway, no one here is the end all be all on immigration.

However, the OP can talk to a lawyer about the logistics of him coming here to study as the primary intent then getting married and filing adjustment after he's finished with his studies - but I'm not sure if that would present issues so I'm not going to get into that one. I know people who have met people and married them remained students not filing AOS until they finished their studies or OPT but I'm not going to violate the TOS by giving advice on that in this situation.
athena_nyFemalePeru2008-01-01 16:47:00
K-1 Fiance(e) Visa Process & Proceduresso confused...please help!
QUOTE (future.mrs.beqiri @ Dec 31 2007, 01:53 PM) <{POST_SNAPBACK}>
hello all,
my fiance is an albanian citizen, living in italy while he's completing school. when he finishes school in december 2008, our plan is for him to move to the states. however, he's also planning on doing his master's degree in the states. my question is: if he comes to the U.S. on a student visa and we then get married, do we have to apply for a spouse visa? and if so, would he have to leave the U.S. and re-enter after the spouse visa goes thru? also, is it just better to apply for a fiance visa before he even applies for a student visa?

sorry this is so confusing but i have been sorting thru information and haven't found much.

thanks for any advice or help!


I would do the fiance visa honestly, because a student visa is not dual intent, you could wind up having problems at adjustment if they feel he had intent to marry and adjust on entry on his student visa, as far as I know. Probably would want to speak to an immigration attorney to be sure, though.
athena_nyFemalePeru2007-12-31 14:12:00
K-1 Fiance(e) Visa Process & ProceduresDesparate Help/Advice Plz !!
QUOTE (Robby & Mini @ Jan 8 2008, 10:13 AM) <{POST_SNAPBACK}>
Thanks for all your help , I got a new appointment with Mark Oswald /Government Center to make changes on my marriage certificate today at 3pm , thank god I'm gettin this done correctly now luv.gif


Then what was the point in posting? O.o
athena_nyFemalePeru2008-01-08 10:25:00
K-1 Fiance(e) Visa Process & ProceduresDesparate Help/Advice Plz !!
QUOTE (Robby & Mini @ Jan 8 2008, 06:58 AM) <{POST_SNAPBACK}>
I know that i'm married to my love , it's just that I sign my marriage certificate wrong using my maiden name dead.gif


Are you understanding what people are telling you?

As long as your name matches your husband's last name, NO ONE IS GOING TO QUESTION IT. You will get a green card with your husband's last name on it. No one is going to care if you signed your maiden name on accident, it happens everyday and I've not heard of one person who couldn't assume their husband's name. You have 15+ responses telling you the same thing.

Listen to them.
athena_nyFemalePeru2008-01-08 08:28:00
K-1 Fiance(e) Visa Process & ProceduresDesparate Help/Advice Plz !!
QUOTE (chispas @ Jan 7 2008, 08:20 PM) <{POST_SNAPBACK}>
Actually,
I signed my marriage certificate with my maiden name too. Here there isn't a law forcing me to take his name so I don't think it mattered. The official copy that I got from the State also shows both of our names and stating that we are married. However, with the certificate showing that was married, I was able to change my name on other documents. Maybe I am lucky or Nevada wanted it that way. Don't remember.


I did the same thing in FL. When I signed the certificate, I wasn't married yet - why would I sign with my married name?
athena_nyFemalePeru2008-01-07 20:25:00
K-1 Fiance(e) Visa Process & ProceduresApplication Fees for Non-Immigrant Visas to Increase On January 1, 2008
QUOTE (pushbrk @ Dec 27 2007, 10:28 AM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Dec 27 2007, 05:20 AM) <{POST_SNAPBACK}>
K-1 visas are not the only non-immigrant visas. F-1, B-1, B-2 - honestly, I'd rather have the nonimmigrants paying an extra 31 than seeing AOS and Removal of Conditions keep doubling every few years. As far as I'm concerned, K-1/K-3 shouldn't even be concerned non-immigrant visas, but what the hell do I know.


A person with an immigrant visa enters the US with permanent resident status.

K1 and K3 visas are non-immigrant visas with a path to permanent residence through status adjustment. (K1 requires marriage to the petitioner within 90 days of entry AND status adjustment.)

Relatively small percentages but fairly large numbers of K visa holders never adjust status to permanent resident, for one reason or another, thus they don't ever become legal "immigrants".


Yeah, I get that. I'm not sure what I was thinking, I think it was too early. For the reason that many don't adjust, it does make sense for them to be non-immigrant, so I guess that's just the way the cookie crumbles. And in the end, non-immigrant visas and AOS/etc are processed by different departments, so it wouldn't matter either way.

Oh well, the fees will continue to go up because that's how things are. Which is why we plan on doing citizenship ASAP.
athena_nyFemalePeru2007-12-27 11:45:00
K-1 Fiance(e) Visa Process & ProceduresApplication Fees for Non-Immigrant Visas to Increase On January 1, 2008
K-1 visas are not the only non-immigrant visas. F-1, B-1, B-2 - honestly, I'd rather have the nonimmigrants paying an extra 31 than seeing AOS and Removal of Conditions keep doubling every few years. As far as I'm concerned, K-1/K-3 shouldn't even be concerned non-immigrant visas, but what the hell do I know.
athena_nyFemalePeru2007-12-27 08:20:00
K-1 Fiance(e) Visa Process & ProceduresTourist Visa Granted
QUOTE (eric_and_teresa @ Dec 13 2007, 12:42 PM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Dec 13 2007, 11:35 AM) <{POST_SNAPBACK}>
If they've overstayed their VWP entry by a certain amount of time, they need to get a visa to re-enter. I don't know if there's any other situations, but I'm sure there are. Oh, if they want to stay longer for 3 months, too.


Thank you for answering my question.

You're right, there aren't any countries in Central nor South America that are part of the VWP. People would go crazy here if we were! LOL wink.gif


Haha, yeah, people would be dancing in the streets kicking.gif 85% of the South Americans I know are overstays from student or tourist visas as it is.

A few months ago there was a press release that Argentina and Brazil have the opportunity to become a VWP country if they get their tourist visa denial rates below 5% (both are hovering around 6.5% if I remember correctly), but Argentina participated originally and it was taken away for various (obvious) reasons. A lot of fraud, etc.
athena_nyFemalePeru2007-12-13 14:22:00
K-1 Fiance(e) Visa Process & ProceduresTourist Visa Granted
QUOTE (LoriLawless @ Dec 13 2007, 11:25 AM) <{POST_SNAPBACK}>
QUOTE (eric_and_teresa @ Dec 13 2007, 11:20 AM) <{POST_SNAPBACK}>
QUOTE (LoriLawless @ Dec 13 2007, 10:02 AM) <{POST_SNAPBACK}>
Wow congratulations!

Question, you're only staying until January? Did you have to show ties to your home country too?


Thank you smile.gif

Yes, I'm only staying for 2 weeks. I can't stay any longer, I need to come back to work wacko.gif lol.

I did bring all the documents to prove my ties and financial situation (job certificate, tax declarations, bank account certification, professional I.D., credit cards, etc, etc,) But the CO did not ask for anything.. he just wanted to see my old passport and my prior visa. I don't think I stayed at the window longer than 1 minute. He only asked how long I stayed during my last visit and I was still answering when he said "Your visa is approved".

I'm kinda nervous about the POE.. but I'll be honest and hopefully everything will work out just fine.



Thanks! I imagine you're not a participating country for the waiver program? I'm asking cause it seems that waiver program countries seem to have a hard time getting B2s.

I don't think you have anything to worry about at POE to be honest. I'm sure it'll all be fine!

Congrats again, I'm so happy for you. rose.gif


Guatemala is not a visa waiver country. At the moment, I don't think any of the South American countries are. Still, as she has said, this isn't the norm for her country. smile.gif


QUOTE (eric_and_teresa @ Dec 13 2007, 11:48 AM) <{POST_SNAPBACK}>
QUOTE (LoriLawless @ Dec 13 2007, 10:25 AM) <{POST_SNAPBACK}>
Thanks! I imagine you're not a participating country for the waiver program? I'm asking cause it seems that waiver program countries seem to have a hard time getting B2s.

I don't think you have anything to worry about at POE to be honest. I'm sure it'll all be fine!

Congrats again, I'm so happy for you. rose.gif


No, Guatemala is not even close to ever be part of the VWP wink.gif

I wanted to ask you... in which cases do nationals of countries of the VWP need to apply for B2's? Is it when they have already started an immigration process? Because I've heard of foreign fiances traveling under the VWP while their K-1's are pending.

Thank you for your good wishes smile.gif


If they've overstayed their VWP entry by a certain amount of time, they need to get a visa to re-enter. I don't know if there's any other situations, but I'm sure there are. Oh, if they want to stay longer for 3 months, too.
athena_nyFemalePeru2007-12-13 12:35:00