Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Paying by Money Order	You can't check when a money order is cashed, if you want to know when the money has been processed, you really need to use a personal check - which also has the case number stamped on the back (although not always accurately) so you can check your status. With a money order, you have to wait for your NOA w/ the case number to check status.	athena_ny	Female	Peru	2007-11-19 09:14:00
K-1 Fiance(e) Visa Process & Procedures	Could We?	QUOTE (lilysintrigue @ Nov 20 2007, 07:44 AM) <{POST_SNAPBACK}> Okay if my fiance still owes for his student loans could we be turned down for a visa ?? We are willing to pay them off once he gets here, would they turn us down because of that? Again, credit is not considered for the visa/AOS process.	athena_ny	Female	Peru	2007-11-20 07:57:00
K-1 Fiance(e) Visa Process & Procedures	Philipino petitioners please help	QUOTE (jasman0717 @ Nov 22 2007, 09:48 AM) <{POST_SNAPBACK}> Did you receive the letter saying denied or are you still speculating? Still speculating. Which is why I said what I did	athena_ny	Female	Peru	2007-11-22 10:14:00
K-1 Fiance(e) Visa Process & Procedures	Philipino petitioners please help	When you get the letter in the mail, you'll know why it was denied. No one can surmise at this point as to why it was denied, we did not adjudicate the petition.	athena_ny	Female	Peru	2007-11-21 21:26:00
K-1 Fiance(e) Visa Process & Procedures	how to fight a denial?how long does it take?	QUOTE (Kazan @ Nov 22 2007, 10:25 AM) <{POST_SNAPBACK}> What is the specific reason for the denial? By the timeline, it seems they did not like your response to the RFE. There is no sense getting upset until you learn why and then plan your attack.	athena_ny	Female	Peru	2007-11-22 10:32:00
K-1 Fiance(e) Visa Process & Procedures	reason for denial!!!!!	QUOTE (JenT @ Nov 26 2007, 03:49 PM) <{POST_SNAPBACK}> Wonder why they denied instead of sending an RFE asking for the missing paperwork.... They did RFE (if I've followed the OPs million posts on the subject correctly) so the denial would have been for not receiving the ppw after the RFE, I assume.	athena_ny	Female	Peru	2007-11-26 15:50:00
K-1 Fiance(e) Visa Process & Procedures	Pls. Help about INCOME TAX	QUOTE (RosemarieL @ Nov 26 2007, 08:30 AM) <{POST_SNAPBACK}> QUOTE (meow mix @ Nov 26 2007, 12:51 PM) <{POST_SNAPBACK}> QUOTE (mistybaby @ Nov 26 2007, 02:54 AM) <{POST_SNAPBACK}> QUOTE (Jamie76 @ Nov 25 2007, 10:18 PM) <{POST_SNAPBACK}> OK, let me see if I am understanding this...He is making a good income (self employed) but he only claims to be making $15,000 a year? his ITR 2006 13,292.00 his self employed making good income he fixed his income to be low so that he will not over taxed he said IRS only numbers in his IRS so he wont over taxed he live modestly. i read this thread to cover up any shortfall. 125% 19,687 his ITR 13,292 difference is 6,000 x 5= 30,000 for my understanding 30,000 enough in his bank as asset cash to cover up his short fall. thing is he only claim it very low if he truthfully claim his income it could be exceed of 125% my concerned is the req. of the CO. It looks like if he has 30,000 in the bank he would be okay...but what he is doing is tax evasion and is a federal crime. If he ever gets audited (and the self employed often do...) your future husband may find himself in a ton of trouble, if he lying to avoid having to pay thousands of dollars in taxes. Not necessarily. A lot of IT contractors form limited companies and then pay themselves a salary. It's not illegal although some changes were recently made to the UK tax laws to make it less lucrative than it used to be. I am assuming that the US laws are similar for companies. Okay, paying yourself isn't illegal. But paying yourself say, 40K and saying you only pay yourself 15K so you don't have to pay taxes on the other 25K? I can't fathom any way that is NOT tax evasion.	athena_ny	Female	Peru	2007-11-26 09:00:00
K-1 Fiance(e) Visa Process & Procedures	Pls. Help about INCOME TAX	QUOTE (mistybaby @ Nov 26 2007, 02:54 AM) <{POST_SNAPBACK}> QUOTE (Jamie76 @ Nov 25 2007, 10:18 PM) <{POST_SNAPBACK}> OK, let me see if I am understanding this...He is making a good income (self employed) but he only claims to be making $15,000 a year? his ITR 2006 13,292.00 his self employed making good income he fixed his income to be low so that he will not over taxed he said IRS only numbers in his IRS so he wont over taxed he live modestly. i read this thread to cover up any shortfall. 125% 19,687 his ITR 13,292 difference is 6,000 x 5= 30,000 for my understanding 30,000 enough in his bank as asset cash to cover up his short fall. thing is he only claim it very low if he truthfully claim his income it could be exceed of 125% my concerned is the req. of the CO. It looks like if he has 30,000 in the bank he would be okay...but what he is doing is tax evasion and is a federal crime. If he ever gets audited (and the self employed often do...) your future husband may find himself in a ton of trouble, if he lying to avoid having to pay thousands of dollars in taxes.	athena_ny	Female	Peru	2007-11-26 07:51:00
K-1 Fiance(e) Visa Process & Procedures	Co-Sponsorship and joint tax returns	QUOTE (Chops @ Dec 4 2007, 06:09 AM) <{POST_SNAPBACK}> QUOTE (tobben15 @ Dec 3 2007, 11:19 PM) <{POST_SNAPBACK}> QUOTE (Chops @ Dec 4 2007, 07:33 AM) <{POST_SNAPBACK}> My father and my step mother have both agree'd to be co-sponsors, but recently she has left the house on bad terms and I'm currently waiting on my NOA2. I'm waiting until after the new tax season to send in my request for tax information, my question is: If they filed jointly on their past tax's then do I need both of them to sign the I-130? And both give W-2's + Tax return info? Or can we simply state somewhere that he is going to be the sole co-sponsor and then write down his half of what he made on the I-130? My SO is urging me to get her signature too, but this lady is a little flaky and I'd rather her not be a part of the process at all Your father can be the sole co-sponsor but along with the tax transcripts you will need to have copies of his W-2s so that they can see how much of the income he is responsible for. For example on the tax transcripts is your fathers and stepmothers income combined, so the W-2 will distinguish how much of that is your fathers. I am pretty sure you need the I-864 and yourself (the sponsor) and your father (the cosponsor) will need to fill one out. Thanks for the helpful info, I beleive its an I-130 I will be filing though, I have a k-1 petition. For K-1 it is an I-134. The I-130 is an immigration petition for an immediate relative. And the I-864 will have to be filed at AOS.	athena_ny	Female	Peru	2007-12-04 07:39:00
K-1 Fiance(e) Visa Process & Procedures	K-1 denied...	QUOTE (Krikit @ Dec 4 2007, 02:39 PM) <{POST_SNAPBACK}> QUOTE (meow mix @ Dec 4 2007, 11:06 AM) <{POST_SNAPBACK}> Haven't you posted this several times in several different ways over the past year or so? You needed to file a waiver...you didn't. You need to see a lawyer. She's baaaaaaaaackkk. As long as it doesn't turn into what it has the past few times. "What should I dooo?" "File a waiver." "What should I doooo?"	athena_ny	Female	Peru	2007-12-04 14:41:00
K-1 Fiance(e) Visa Process & Procedures	K-1 denied...	Haven't you posted this several times in several different ways over the past year or so? You needed to file a waiver...you didn't. You need to see a lawyer.	athena_ny	Female	Peru	2007-12-04 11:06:00
K-1 Fiance(e) Visa Process & Procedures	INCOME TAX RETURN PROBLEM	QUOTE (Br00ke @ Dec 4 2007, 08:29 PM) <{POST_SNAPBACK}> QUOTE (rebeccajo @ Dec 5 2007, 04:47 AM) <{POST_SNAPBACK}> When do you think the interview will be? Soon? Or sometime after January 31, 2008? It's after January :-(....what can we possibly do? pls. help.... Hope his W-2 shows him at the poverty line (not sure when he got the job...) and have him file his taxes ASAP. Or try to get a co-sponsor, but word is Manila doesn't like those. Though, the I-134 doesn't require a tax return, though. At AOS, he will need the most recent one.	athena_ny	Female	Peru	2007-12-05 08:14:00
K-1 Fiance(e) Visa Process & Procedures	How many K1 visa are processed each year?	QUOTE (Dan + Gemvita @ Dec 6 2007, 05:39 PM) <{POST_SNAPBACK}> QUOTE (Meridien @ Dec 6 2007, 11:26 AM) <{POST_SNAPBACK}> Found this spreadsheet on the Homeland Security website with the stats: http://www.dhs.gov/x...06/table26d.xls It shows about 30,000 K1 visas issued in 2006. Also interesting to note is how the number of visas has increased over the years...from only 12,000 in 1998! There are more petitions processed than visas granted. Some don't make it to the end, and other get denied for whatever reason. But I would assume the majority of petitions do make it to visas. And I read somewhere that only 50 something percent of visas are actually activated.	athena_ny	Female	Peru	2007-12-06 18:00:00
K-1 Fiance(e) Visa Process & Procedures	How many K1 visa are processed each year?	QUOTE (Meridien @ Dec 6 2007, 12:26 PM) <{POST_SNAPBACK}> Found this spreadsheet on the Homeland Security website with the stats: http://www.dhs.gov/x...06/table26d.xls It shows about 30,000 K1 visas issued in 2006. Also interesting to note is how the number of visas has increased over the years...from only 12,000 in 1998! Not surprising with the increasing use of the internet.	athena_ny	Female	Peru	2007-12-06 13:34:00
K-1 Fiance(e) Visa Process & Procedures	How many K1 visa are processed each year?	QUOTE (hoosier @ Dec 5 2007, 06:13 PM) <{POST_SNAPBACK}> That is referring to all types of visas and other immigration applications like AOS, citizenship etc. combined. I'm just mainly concerned with K1 or even k3 which is primarily what this websites focus is on. Many people on this site adjust from visas other than K-1 or K-3, successfully. This website focuses on all types of marriage-based immigration.	athena_ny	Female	Peru	2007-12-05 18:24:00
K-1 Fiance(e) Visa Process & Procedures	How many K1 visa are processed each year?	QUOTE (hoosier @ Dec 5 2007, 06:05 PM) <{POST_SNAPBACK}> I'm just curious does anyone have a source or know the figures or if they are reported anywhere how many K1 visas are processed each year? Mainly curious because I was wondering what percentage of K1 visa applicants statistics are represented on this site. I would think it is a decent percentage because I can't even comprehend anyone going through this process without researching on the net what all was needed and this seems to be the main site to get the information. I just wonder how many people just send the paperwork on their own without getting the valuable insight and information that is contained here on VJ. I guess maybe many just hire an attorney. Just as a note to everyone on this site, it is a fantastic resource and community. It is of great comfort to me going through this process reading all the stories and experiences of others in the same situation. I can not even imagine trying to go through this process alone or without this website! So Kudos to VJ and all it's members Considering going to "members" shows approximately only 34,440 members, and that is over years that this site has existed and includes people adjusting from means other than K1 or K3, as well as CR IR1s, I highly doubt VJ represents a large percentage of K-1 visa filers.	athena_ny	Female	Peru	2007-12-05 18:21:00
K-1 Fiance(e) Visa Process & Procedures	Tourist Visa while waiting	QUOTE (eric_and_teresa @ Dec 6 2007, 03:12 PM) <{POST_SNAPBACK}> QUOTE (meow mix @ Dec 6 2007, 12:32 PM) <{POST_SNAPBACK}> The adjusted tourist visa denial rate for Guatemala is 52.3%, so your experience isn't the norm - but I hope all goes well when you come! Yes, I'm a lucky girl that's why I highlighted "in my experience" because I know that a lot of people have a hard time getting a tourist visa here. I saw many at the Embassy that day that were denied, especially applicants with very low income. Hopefully I'll be lucky at the POE as well! Thank you for good wishes Where did you find those rates? I think that is a very interesting info. http://travel.state....RefusalRate.pdf Looks like Guatemala is second highest in denials in S. America, only following El Salvador - but that was a quick look, I may have missed a country. I have a SIL who has no problem getting in from Peru - she is married to a naval officer who makes a lot of money, has two kids and never brings both at a time - bit of a different situation than yours, BUT - her sister who has no reason to stay here, can't even get a visa. It's due to being single with low income. and being from a high fraud country =/	athena_ny	Female	Peru	2007-12-06 18:04:00
K-1 Fiance(e) Visa Process & Procedures	Tourist Visa while waiting	QUOTE (eric_and_teresa @ Dec 6 2007, 12:26 PM) <{POST_SNAPBACK}> One week ago I was granted a new turist visa for 10 years, our petition has been approved and our interview for K-1 is pending. In my experience, it was pretty easy to get it. I'm highligting that it was in my experience ONLY. I've had previous tourist visas for more than 15 years, and I've traveled many times to the U.S. before and even more after meeting my fiance. I had planned on being completely honest during the tourist visa interview and brought all our papers and our NOA2. The interview lasted less than 1 minute, the CO did not ask anything about our K-1 neither about my fiance. I'm leaving on Dec. 20th, hopefully I wont have any trouble at the POE. I'll post my experience when I return home in January. I'm going to be completely honest, they really haven't asked me much questions during my previous visits, so I pray that it goes well this time! I say give it a try, if your fiance has had a tourist visa before it would be a lot easier, but there is also a case of another VJer whose fiance got her first tourist visa while processing their K-1.. so anything can happen! The adjusted tourist visa denial rate for Guatemala is 52.3%, so your experience isn't the norm - but I hope all goes well when you come!	athena_ny	Female	Peru	2007-12-06 13:32:00
K-1 Fiance(e) Visa Process & Procedures	Tourist Visa while waiting	Policy for issuing a tourist visa is to assume that everyone applying has intent to stay, so it's up to you to prove you don't - so I wouldn't say it's "easy" to get a tourist visa, that all lies in your proof. There is always the risk of getting turned away at the POE, too.	athena_ny	Female	Peru	2007-12-06 12:10:00
K-1 Fiance(e) Visa Process & Procedures	K1 paper approval lost - do I need it ?	QUOTE (mox @ Dec 7 2007, 10:45 AM) <{POST_SNAPBACK}> QUOTE (meow mix @ Dec 7 2007, 04:41 AM) <{POST_SNAPBACK}> QUOTE (Rail @ Dec 6 2007, 09:48 PM) <{POST_SNAPBACK}> Hey guys, the $340 is needed because the taxes we pay are just not enough. Well, hey, you have the option of not paying the money. Just don't adjust status and not have the ability to live and work legally here. No one likes the fees, but it is what it is at this point. It's a ridiculous fee, nothing wrong with pointing that out. I agree I was just pointing out that if people don't want to pay it they don't have to even though it'll lead to trouble down the road. I was being a smartypants.	athena_ny	Female	Peru	2007-12-07 11:02:00
K-1 Fiance(e) Visa Process & Procedures	K1 paper approval lost - do I need it ?	QUOTE (Rail @ Dec 6 2007, 09:48 PM) <{POST_SNAPBACK}> Hey guys, the $340 is needed because the taxes we pay are just not enough. Well, hey, you have the option of not paying the money. Just don't adjust status and not have the ability to live and work legally here. No one likes the fees, but it is what it is at this point.	athena_ny	Female	Peru	2007-12-07 07:41:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	aAain, thanks for your replies, its nice to have this support, it means a lot to me okay, so more questions, after having talked it through with my lady If we get married now, her mother will go nuts. most likely excommunicate her directly. Her mother wants us to wait until she's out of rehab before we do anything, whatsoever, at all. Which I suppose is kind of sensible mother advice, even though the girl in question is 34... and given that her mother has done a lot for her during this whole DUI/rehab process, annoying the mother would be very ungracious My question is this: Would another, more sensible option be that we file now for K1? If we kick the process off while she's still in rehab then the first 3.5 months of the wait will be mitigated by the fact that we can't be with other anyway. leaving only X months of horrible torture, where X can be anything that an enlightened government wishes it to be... IF we went this route - filing K1 now, then me heading back to the UK at end of April - would she be able to visit me in the UK when she gets out of rehab in August? would I be able to visit her? or are all visiting rights terminated until I get the K1 and fly over? Would it be best to not file anything until i'm physically back in the UK? thanks for putting up with this drama she could definitely visit you so long as they let her in (which I don't see why they wouldn't), and you ideally could visit her but sometimes with a K1 in the works, it's a little harder to convince the officer at the POE that you don't intend on staying. You could file and leave when your permission is up, then try to return in August and hopefully get your interview in that time, return to England for the interview, then return when you get the K1. There's no way of telling how speedy the process will or won't be. Or you could overstay the visa and marry in August anyway. Which, I'm not so sure I recommend, contending with an overstay will make you nervous even if the consequences aren't that dire. It's up to you and what you're comfortable with. (I'll get attacked for offering this as an option, but oh well. It is a viable option and while not preferred, still an option.) K1 is a headache, which would be why TimsDaisy etc are advising if you can marry now, do it. It doesn't really matter where it's filed from - the advantage to, if you decide to go the K1 route, filing from the US is it gets the ball rolling a bit faster since if you wait until August, that's 4 extra months. It takes some time to get the paperwork together but honestly, if you read the guides and have half a brain, it's not rocket science. I'm not 100% familiar w/ the K1 paperwork, but some of it is similar to the AOS stuff and there's guides all over the site for all marriage based visas, and adjustment of status ppw. The decision is ultimately yours. While I agree that not upsetting the mother is a good idea (my mother was upset enough, just getting married before she wanted me to wouldn't have gone over well, so I understand) there's a lot to contend w/ when immigration is involved. btw: why are you traveling on a B-2 instead of under the visa waiver program (VWP)? I presume you're on a B2 because of business? A B-2 is the tourist half of the B visa, and the OP hasn't yet answered this. VWP-eligible people who have a B visa usually have a good reason for it. I wonder if the good reason might not wind up being another item in their case for them to investigate with a lawyer. ie, if he holds it due to a conviction or other immigration problem in his past, that will have an impact on today's case. Why hasn't anyone suggested that he work all this out with a lawyer, in a consult. There's enough misunderstanding in this thread to make it worthwhile. Lawyer is always a good idea. I never suggest it myself because usually 4 million other people have. I missed that one this time. PS - don't leave rocks on the pavement?	athena_ny	Female	Peru	2007-04-12 21:03:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	Follow up on this topic: Another item that I'm pondering is the necessary paperwork for filing AOS. If your SO is visiting the US and gets married, files for AOS, is there any paperwork that your SO would need from their home country? If so, then they would have to return to their home country and get it. Could this cause problems? How long would AP take to apply/receive? I've only researched the K1 process so far, so I'm not even sure what paperwork might be needed from the home country. AP I believe is about 3 months as well, but I'm not well-versed on it as we didn't apply. From the home country, all you really need is a birth certificate. My husband had his (and I'm of the opinion if you're traveling for an extended period of time, you should have it...never know when you might need it). Other than that, just the passport, I-94, etc. The usual.	athena_ny	Female	Peru	2007-04-12 20:16:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes. Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain? It depends. I'm not sure one is eligible for AP and the EAD without the status afforded by the K-1, but I haven't researched that option. (I'd be guessing AP yes, EAD no, but that's just pulled out of my butt.) But it's not necessarily more suspicious. It could be, but lots of visitors to the U.S. -- like my friends -- are here long-term as students. People meet, they fall in love, they marry, they file for a green card. To the OP: is your girlfriend currently able to work? (Not sure whether it's in-or-out patient rehab.) You'll need someone to sponsor you for adjusting status. And if her income meets the requirements, she can do that. JayJay's post is very good; her being in rehab shouldn't be a problem beyond them informing you that she's been convicted of the offenses. Still eligible for EAD and AP. A lot of people w/ overstays don't apply for AP (we didn't) because the chance of getting back into the country isn't as high as AP isn't guaranteed. EAD is usually received within the normal time frame. In our case, we haven't received EAD yet, but our interview is in two weeks, day 55 of our journey, so we're still in the 90 to 120 day time frame.	athena_ny	Female	Peru	2007-04-12 20:09:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	Maybe b/c the visa allows a longer stay? True, but unless it's multi entry, it seems like the timelines might not work out. Most are valid 1 year, right? If he's been here 6 months and needs to go home, and then he comes back in a few months, he'd only be able to stay a few months longer. PLUS he needs to be prepared for a bit of static coming back (probably would get in, but he'd be wise to come armed with the usual evidence of ties, etc). The more I think about this thread, the more I want the OP to do whatever possible to marry now and do things this way. It might be a bit more of a headache than if there were no rehab timelines to worry about, but I don't think he really gets what he's facing if he goes home and does the K1 process. Get married as soon as you can. Get the AOS paperwork in as soon as you can. Apply for advanced parole. Go home, earn some money, be able to come back with (markedly decreased/)no fear of getting denied at the border. Seriously, man, make it happen. You can do it! Do it for those of us without the choice. My husband entered in 2002 and his expires in 2001. He's from Peru, it was for 10 years...so it's dependent on the consulate, I guess. I see a lot of ten year tourist visas, though. Oh, I think if you're in the country and make the decision after entering, you should do all you can to avoid K1 or K3 or CR1 or IR1. It's a headache and while some of the consulates aren't so slow - look at somewhere like the Dominican Republic, where it's almost 2 years just for the interview. I don't know the reasons, but from my perspective - that's just unfair. I can see why it takes more time that most people would like, but 2 years? That's just...ridiculous.	athena_ny	Female	Peru	2007-04-12 19:50:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	Thanks for your replies so far, I appreciate it Now for some more information, just to complicate matters further... My girlfriend is currently in a rehabilition program - she got caught for a DUI just after christmas, and being her third DUI in ten years (the previous ones were 8 and 9 years ago), she was given a choice - 120 days in county jail or 120 days in rehab. Naturally she chose rehab... but she doesn't come out of rehab until early August. I'm not entirely sure if she can actually get married while the courts have control of her, and if we did get married she'd have to file the paperwork from rehab. I'm due to fly home at the end of April. We had previously agreed to meet up again in August, get married, and take it from there. Reading your responses so far, leaving the US would be the least sensible thing to do. But that puts us both in a tough position, because I'd have to survive until August, and even when she came out we'd have to survive until we could both get jobs. which for me, would mean waiting for the EAD to be approved I guess my main question is this: If I leave at the end of April, then re-enter the US for a week or so in August under my current B-2 , marry her in Vegas, file for AOS and EAD... do we really stand a chance of getting approval? or am I likely to get denied, barred from the US and thrown into guatanamo bay? 7 months seems a long time to wait to be allowed to marry, but faced with the logistical difficulties of marrying while she's in rehab, and balanced against the outright dodginess of coming back for a week or two in August then getting married, I'm at a loss to know what I should do for the best It sometimes feels like I'm living in a soap opera, all I know is that I love her dearly, want to spend the rest of my life with her, and that at some point in the distant future i'll look back at this period of time with a smile saying "it was worth it" You can marry and wait to file paperwork. Like I said, overstay is forgiven upon marriage to a US citizen ... we've seen cases of 8+ years of overstay forgiven at adjucation. (More like, they don't even take it into account.) If you're here, I'd say - get married, wait til she's out of rehab to file if you're worried about it. I don't see why she couldn't get married, unless rehab is one of those "can't leave at all until you're done" things. If it's outpatient, shouldn't be an issue. Inpatient, a little more difficult, but people in max security prisons are allowed to marry - she should be allowed to. I'm not so sure you even need to go to Vegas - in my state, you're ok to marry within 3 days (if both are residents of the state and haven't taken the marriage course, if one person isn't a resident, like you, it's right away that you can marry). I know I'd want to avoid the k1 headache. Thanks for your replies so far, I appreciate it Now for some more information, just to complicate matters further... My girlfriend is currently in a rehabilition program - she got caught for a DUI just after christmas, and being her third DUI in ten years (the previous ones were 8 and 9 years ago), she was given a choice - 120 days in county jail or 120 days in rehab. Naturally she chose rehab... but she doesn't come out of rehab until early August. I'm not entirely sure if she can actually get married while the courts have control of her, and if we did get married she'd have to file the paperwork from rehab. I'm due to fly home at the end of April. We had previously agreed to meet up again in August, get married, and take it from there. Reading your responses so far, leaving the US would be the least sensible thing to do. But that puts us both in a tough position, because I'd have to survive until August, and even when she came out we'd have to survive until we could both get jobs. which for me, would mean waiting for the EAD to be approved I guess my main question is this: If I leave at the end of April, then re-enter the US for a week or so in August under my current B-2 , marry her in Vegas, file for AOS and EAD... do we really stand a chance of getting approval? or am I likely to get denied, barred from the US and thrown into guatanamo bay? 7 months seems a long time to wait to be allowed to marry, but faced with the logistical difficulties of marrying while she's in rehab, and balanced against the outright dodginess of coming back for a week or two in August then getting married, I'm at a loss to know what I should do for the best It sometimes feels like I'm living in a soap opera, all I know is that I love her dearly, want to spend the rest of my life with her, and that at some point in the distant future i'll look back at this period of time with a smile saying "it was worth it" Entering with the intent to marry using your B-2 visa is fraud. You can start paper work while you're here and probably still travel with you B-2 to visit while everything processes, but don't marry and try to adjust. Big no-no, the way you're framing it. Find out what the requirements of her rehab are and whether that really does complicate your ability to marry and file the necessary paperwork. I think you would really benefit from some more research and, if her situation is that legally complicated, perhaps a consultation with a qualified attorney. Don't shut doors now, but learn all you can so you make smart choices from here on out. btw: why are you traveling on a B-2 instead of under the visa waiver program (VWP)? Maybe b/c the visa allows a longer stay?	athena_ny	Female	Peru	2007-04-12 18:20:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes. Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain? It is exactly the same process for someone entering on a B2/VWP as it is for someone entering on a K1 and filing for AOS, it is no harder and takes no longer.... I did it and have no regrets... if you enter legaly and had no intentions of getting married and remaining the you can do AOS... why would you want to return to your home country and then file for a K1 when there is a route open to you to file for AOS and remain together.... Good Luck Kez Haven't seen you around as much lately Kez...glad to see you	athena_ny	Female	Peru	2007-04-12 06:06:00
K-1 Fiance(e) Visa Process & Procedures	Can I marry immediately in the US, or is the K1 correct way?	If your "significant other" arrives in the US on a B2, and you get married and he/she STAYS in the US, is it harder to file an adjustment compared to if your "significant other" arrived in the us on a K1? I'm just wondering because it would seem more suspicious, at least in my eyes. Also, once you file for AOS on a B2, are all the procedures the same as a K1 , such as Advanced Parole, EAD, SSN, etc...? Or would it also be harder to obtain? Not really. I met my husband 2 years after his entry into the country on a B2, we fell in love and married. So far, we've had no issues with his AOS, and it's moving along at a speedy pace. (Interview is on the 26th, day 55 of our journey.) If you show up at the POE with a wedding dress in your suitcase and plan to marry within a week of entry, well yeah, that's fraud and you should get denied (if you even get into the country). We have to wait for EAD or green card to get his SSN, but other than that the process is the same. B1/B2s,F1s etc practically forgo the chance of transferring to CSC, so that means that 99.9% of us (allowing for the random one or two that MAY get transferred there) will have to go through an interview, but most of those are said to be pretty painless as well.	athena_ny	Female	Peru	2007-04-12 06:03:00
K-1 Fiance(e) Visa Process & Procedures	Former K1 fiancées that didn’t marry my groom and left US.	He filed 2 petitions in the past? Not to be mean or anything but that doesn't worry you a bit? Ohh, man this doesnt sound good.. He did file 2 petitions in the past. How bad is is? What about that waiver? What does it do? thanx 4 all your help btway! The last reply was almost 2 months ago...	athena_ny	Female	Peru	2007-04-16 20:23:00
K-1 Fiance(e) Visa Process & Procedures	Cuban Beneficiary exempt from meeting w/in 2 years?	I am asking this for a friend of a friend. They are both 40 something he is CubanAmerican she is Cuban. They have not met in person only through photos, phone, and email. They are hoping to do a K-1 visa, but are worried about not having met personally. I am not sure exactly why he cannot go to visit, if he dosen't have US residency, if he won't be able to apply to go legally for a while, maybe he no longer has immediate family there to qualify him to go legally, or financial hardship, or whatever..... I don't know.. That information is still unknown to me. I just re-read your original post...and I'm a little confused. If the male Cuban American is not a US citizen, he cannot file a K-1 visa petition for his Cuban fiancee. Someone correct me if I'm wrong, but the petitoner has to be a US citizen...a permanent resident (green card holder) cannot use the K-1 to get their fiancee in the US. If this is the case....the other questions you've posted are moot....if he is a USC, my response along w/ the others you've received are spot on. A waiver for the meeting w/in 2 years of filing i-129F is highly unlikely. -P You're right, only a USC can file a K1 - LPR can petition for alien relative inside of the US (say they marry an F1 or B2 and do AOS) but the wait time is something like 6 years. LPR can't do K1.	athena_ny	Female	Peru	2007-04-19 10:43:00
K-1 Fiance(e) Visa Process & Procedures	Cuban Beneficiary exempt from meeting w/in 2 years?	I am asking this for a friend of a friend. They are both 40 something he is CubanAmerican she is Cuban. They have not met in person only through photos, phone, and email. They are hoping to do a K-1 visa, but are worried about not having met personally. I am not sure exactly why he cannot go to visit, if he dosen't have US residency, if he won't be able to apply to go legally for a while, maybe he no longer has immediate family there to qualify him to go legally, or financial hardship, or whatever..... I don't know.. That information is still unknown to me. [b]My question is: Since there is a travel ban (even though he is of Cuban desent and could potentially legally be able to visit) and an embargo and a lot of other bs. Would/Could this in itself be enought qualify them exempt from the meeting w/in 2 years thing? Anybody know of anyone who has been exempt for this reason?[/b It's very unlikely. They'll have said she needed to go to Cuba, or they needed to meet in a country like the DR or something. Financial hardship doesn't "count" per se.	athena_ny	Female	Peru	2007-04-19 07:12:00
K-1 Fiance(e) Visa Process & Procedures	125% above Poverty Line?	So out of all that you just said is the answer to the question 100% or 125%? I think what was being said is that if you are at or above 125% then you are already at or above the 100% so therefore no worry.... Thank you Fwaguy, that is the point I was trying to get across. There is no YES or NO answer to your question, Dorothy.....it is subject to interpretation. I understand that there is a discrepancy in the financial requirements for the I-134 and the I-864, but since those beneficiaries that come here w/ the K-1 visa (for which the I-134 is used) will very soon be needing to prove even more stringently(at AOS filing when the I-864 is required) that they will not become a "public charge" why risk it?? Just make sure you're at 125% of the Poverty Guidelines from the beginning, and you'll have nothing to worry about. -P I think the answer is we are not sure if it is 100% or 125%. No, the answer is that for the K1 it is 100%, but anyone who comes on a K1 will eventually have to file to adjust status and for permanent residency the requirement is 125%. So 100% will get you into the country without a co-sponsor, but you aren't going to get your green card without 125% without a co-sponsor. SO, if your significant other makes between 100% and 125%, it's a good idea to have a sponsor lined up for AOS so you're not scrambling at the last minute because you "never knew."	athena_ny	Female	Peru	2007-04-20 19:20:00
K-1 Fiance(e) Visa Process & Procedures	Just Starting....Reading All The Info....	Hi Everyone, I have been on this site now for over an hour and I am thrilled with the information I'm reading. My fiance (the US Citizen) and I just got engaged and boy, was I feeling overwhelmed about all the forms that I will have to fill out and the procedure....I'm glad that a lot of you have not used a lawyer, I contacted one and she stated me over $7000, that is almost the budget for our entire wedding!!!! I would appreciate it if anyone has any advise that you can give to someone who is about to embark on what appears to be a frustrating journey at times. Thank you all, B I didn't do K1, but I'll warn you of one fatal error I see many people make: They think K1 and marriage is the end of it all. It's not - adjustment of status is next, then removing conditions 2 years after approval. AOS doesn't have to be filed within 90 days of your entry of the country (a mistake a lot of people who are aware of AOS make this one and stress themselves to death) - just be aware of it.	athena_ny	Female	Peru	2007-04-23 19:45:00
K-1 Fiance(e) Visa Process & Procedures	Important question regarding our wedding date before visa approval	The county that I am getting in only requires one person to be present for the license. I know, this is odd, I thought so too. We also do not need to have blood tests or anything. It's not determined by the state, it varies from county to county. I'm very aware that marriage license requirements can vary from county to county, but generally the requirements are pretty similar in counties in the same state. Either way, it can be a very bad idea to tightly plan a wedding when dealing with the K1 process - and it's always possible that the CBP officer may not allow him in if you're this close to the end of the process, because simply being so far along makes it harder to prove ties to home country, and that you're not planning on staying. Which is why there are many times no less than 4 "is my fiance allowed to visit" posts around here at one time.	athena_ny	Female	Peru	2007-04-03 20:01:00
K-1 Fiance(e) Visa Process & Procedures	Important question regarding our wedding date before visa approval	I fully agree with you. I'm not all hyped up about my "wedding." I am just happy to be marrying the man I love, regardless or not if it is "legally" binding yet, I will still consider this my wedding day. However, for legal purposes, I should not sign anything yet? I was going to get my marriage license next wednesday but perhaps I should hold off for a bit. I just want to make sure with everyone that it is indeed okay for him to come here for our wedding without his fiance visa? We will wait to sign anything until he officially has his visa. The pastor that is marrying us is a close friend of the family so I am sure he will be fine with signing this later. So in the future, for all legal documents we should put our legal marriage date down? I really wish this wasn't the case. How long does it normally take for the police certificate to go through? He has no record, and he sent it in several weeks ago. How were you planning on getting a marriage license without him present? In all states I've lived in, both parties MUST be present. Also, yes, you put your legal marriage date down. If it's not legally binding, you're not married. Edited by meow mix, 03 April 2007 - 07:44 PM.	athena_ny	Female	Peru	2007-04-03 19:44:00
K-1 Fiance(e) Visa Process & Procedures	Important question regarding our wedding date before visa approval	Look for BuxtonBabe's entries - she sent a detailed letter explaining why they were hoping to be married in a specific time frame (due to children's availabilities, I think). Try sending a letter or asking them about what's going on. Explain the situation and say that although you know you don't have a "right" to have your schedule followed by the Embassy, you would appreciate any aid they could provide. You'll probably be alright. Don't panic yet. He might just need to adjust his travel dates. Legally - it's fine for you to have a wedding party, so long as you do not legally marry prior to the granting of the K1 and his arrival in this country. Wedding never necessarily equals legal marriage. I think we, as a community, should work hard to retrain our minds NOT to equate wedding (a party, religious, or family celebration) with a legally binding marriage. The US government doesn't care two bits about what you wear, if you walk down an aisle, if there is cake, etc. They only care that you sign a marriage license. So don't sign one unless he's entered on his K1. The only downside is some people get stupid at the POE and say theyre coming for their wedding or will even call their fiancee/fiance their husband/wife though their ceremony wasn't legally binding. The officer at the POE doesn't need to find proof that you aren't married to deny entry...slip up and you're done.	athena_ny	Female	Peru	2007-04-03 19:42:00
K-1 Fiance(e) Visa Process & Procedures	what would happen...	So, after telling my love how long it would probably take (we are still waiting on papers from Nicaragua to get here to send it in)... we are sad and frustrated. He could possibly get a work visa from a fishing company in the states and be here sooner. We made up our minds a while ago that we would just file the fiance visa and wait. But I've been back in the states for a year and 3 months and we don't want to wait another 8 months before we can see each other. (He got denied a tourist visa) I went back to visit once and was thinking about it again this summer. It's so hard (I know you all understand) and we are impatient! We keep trying to be patient but it sucks. So, my question is: after we file the I-129F, would it cause problems if he was working in the states (on the ocean) for a few months? He knows some people in the states that have a fishing company and they would hire him. But if this is going to mess up the process, we won't even consider it. Am I making any sense? AHHH, why is everything so hard? I'm worried that if he worked here it would complicate things, but maybe he would get a social security number and stuff faster since he would be working? There's a lot of work visas (http://www.uscis.gov...00045f3d6a1RCRD), you really need to specify which one. The H1B has already reached its cap for fiscal year 2008 (October 1 2007 until September 30, 2008) and applications aren't being taken again until April 1, 2008. There are other work visas, and maybe he could get one, but as far as I know, for a work visa the company has to sponsor you and a lot won't when they find out the costs involved. That said, wikipedia ( http://en.wikipedia....iki/Dual_intent ) - and yes wikipedia is not the most reliable source, but I find it to be useful - this site ( http://www.hrm.mssta...l_VisaTypes.htm ) shows similar info - shows that the visas that allow dual intent he would not be eligible for. And with a K1 visa petition on the books, proving that his coming here on a work visa doesn't have immigrant intent would be very difficult and then you start messing with the fraud issue. From your post, I am not sure if he intends on working here temporarily, then returning for the K1 visa or if you want the work visa to get him here permanently. In the first situation, I don't see it as an issue, but again proving the ties to his home country etc would be more difficult - the second situation is an issue. Perhaps someone more knowledgable on work visas (like dr lha etc) will be able to provide you with more in depth information.	athena_ny	Female	Peru	2007-04-08 19:35:00
K-1 Fiance(e) Visa Process & Procedures	overseas K1 filing	Im not trying to turn down any help in this matter but clearly it seems you're trying to give advice which you are not qualified to give.... OK, sounds like you know how it is supposed to be done. Good luck with all that!	athena_ny	Female	Peru	2007-04-24 16:55:00
K-1 Fiance(e) Visa Process & Procedures	Peruvian address question on I-129F	My sisters in law live in Lince and my husband was born in Jesus Maria! Edited by meow mix, 04 May 2007 - 07:21 PM.	athena_ny	Female	Peru	2007-05-04 19:20:00
K-1 Fiance(e) Visa Process & Procedures	Best step to get married to a German native?	You are better off either getting married in Germany and then applying for a K3, or getting engaged and applying for K1 which will allow him to come to the US for the purpose of getting married (then you apply for a green card after that). Many people from Europe get married in the US when visiting on the Visa Waiver Program (Germans don't need a tourist visa to visit the US), and many of them get a green card without a problem. But, technically you aren't supposed to do that, and it can lead to trouble. To eliminate that risk you are better off trying for K1 or K3. If there is no intent to marry upon his last entry to the US, there is nothing wrong with getting married here and adjusting. Not even "technically." If there was something wrong with it, those people would not receive their green cards - that many people don't just slip through the cracks, it's written into immigration law that it is an acceptable way of adjusting status. To the OP - if he wasn't planning on marrying you upon his last entry, you can get married here and file to adjust status that way. Any visa overstay or illegal work will be forgiven at AOS (which may or may not be relevant to you - I'm confused because you say he's on a tourist visa but tourist visas have no authorization to work so he is either working illegally or on a different visa). Many people have successfully adjusted this way, and quite a few people stuck in the K1 or K3 process will say that they wish they'd married and did it that way when they had the chance. With either of those, it can be a lot of waiting. Now, if he/you want to marry in his native country (and have that be the "real" legally binding ceremony, the K3 or CR-1 will be your best option. CR-1 makes the immigrant a permanent resident upon entry, with the K3 you then have to adjust status after entering the US. This is true, but you have to be ready to show that was no intent. As long as you feel that you can produce enough evidence to show that there was no intent, then go ahead and get married and file for AOS. Otherwise you will need to do a K1 or K3 if you don't want to take that risk. Depends. If he's been here 5 years, it's likely they met here and won't have to prove that. I didn't have to prove it because we met 4 years after he entered. Depends on the situation.	athena_ny	Female	Peru	2007-05-07 08:00:00