ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresBest 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_nyFemalePeru2007-05-07 08:00:00
K-1 Fiance(e) Visa Process & ProceduresBest 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.
athena_nyFemalePeru2007-05-06 19:53:00
K-1 Fiance(e) Visa Process & ProceduresThink it's all over when you're visa arrives???

I've kind of glanced through this thread, hoping to find some info about our particular situation. Phill just entered the country on the K-1 on May 2 with the hope of getting the temporary work permit when he entered thru JFK. The flight that we scheduled left London Heathrow with a stop over/connection in Shannon Ireland. The glitch happened when he got to Shannon. They told him he had to go thru US customs there! He didn't understand what was happening but didn't want to argue with them. He handed them the sealed envelope from the Embassy and they processed him and gave him the I-94 in his visa. When he asked about the work permit, they told him they don't give them. He was quite upset. So he just decided to get it sorted when he got to JFK. When he got to JFK they said they would have issued the permit but since he was already processed and didnt have the envelope from the Embassy anymore, they couldnt issue it.

What I need to know is: Can we submit the I-765 now? The lawyer we went thru, (who has been wonderful every step of the way) said that this must be done after the AOS is filed, which is after we are married. Phill wanted to be able to work and contribute to the cost of the wedding, among other things. I was confused by the lawyer's response because the instructions for the I-765 form say that someone with a K-1 is eligble to apply. Which is true? Can we apply now or do we need to just get married? I would like to be able to get this form sent in if it isnt a waste of time. I know there are many things that you have to put up with, but it just seems strange that a person who is getting married may not be able to work to earn money to contribute to the wedding. It greatly affects what type of wedding you can have.

Any information would be greatly apprieciated or just point me in the right direction for answers......

Thanks!

Lisa and Phill



You can apply, but the K1 visa is only good for 90 days so it would probably be invalid by the time you got it (if your I-94 is expired and you haven't filed for AOS)

Otherwise you have to file with AOS to have a basis to get the EAD with. Just being married isn't enough...
athena_nyFemalePeru2007-05-08 08:59:00
K-1 Fiance(e) Visa Process & ProceduresThink it's all over when you're visa arrives???

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.


Oh, fiddlesticks. Settle down. You brought it up, didn't you?




:lol:

Then I shall await your retraction and apology when you have actually gone through this yourself, until then if you dont like just read on till you find something that does satiate your appetite for good news.


Oh, fiddlesticks. Settle down. You brought it up, didn't you?


athena_nyFemalePeru2007-03-22 13:36:00
K-1 Fiance(e) Visa Process & ProceduresThink it's all over when you're visa arrives???
Probably, if he doesn't want to have any unauthorized work under his belt. It's very unlikely that he'll have his EAD on the 91st day in this country - as far as it being invalidated when you marry, I doubt it.

Some people will tell you he should quit the job as soon as his EAD runs out, others will tell you to only do anything if HR comes after him. Unauthorized work is generally forgiven by marriage to a USC, so there won't be any ramifications - I will tell you that for me, it's made me 1000% more stressed even knowing there's likely no ramifications.

I'm concerned about my SO (who will enter JFK, and get the work stamp), will have a job in the first two weeks he is here, and then after we marry have to terminate that job and wait months for a proper work permit. Is this really true?


athena_nyFemalePeru2007-03-21 22:26:00
K-1 Fiance(e) Visa Process & ProceduresAnyone else wait this long?????

How did you pay, with a personal check? If so has it cleared the bank yet? Good luck :thumbs:



ours was received april 28, and we havent heard anyhting til now. check is not yet cashed...
does anyone have any idea whats taking it so long...i just dont think its usual to wait this long compared to others who got NOA1 and their checque was cashed within 10 days the most...



This post is over a year old...
athena_nyFemalePeru2007-05-14 07:04:00
K-1 Fiance(e) Visa Process & ProceduresIs there any way i can have all my mail (NOA, ..) sent to a PO BOX?

If i were you before i completed the forms with your new address it doesn't hurt to call and ask them if that would be ok. But it seems to me that should be fine because you haven't sent anything in to them yet. Maybe other's have had experience with P.O. Box who might know more but i wouldn't see it as being a problem. I wish you all the best on your journey!




AJ1



very good idea. i will give USCIS a call tomorrow.
Good luck!


When I did AOS, no PO boxes were accepted. The address generally has to be your place of residence, and I'm sure it's no different for a K1 visa.
athena_nyFemalePeru2007-05-15 07:53:00
K-1 Fiance(e) Visa Process & ProceduresWhat if we can't meet financial requirements?

Are you still living at home with your parents? If you are, I'd seriously consider getting your GED and then think about going to a tech school part time for your associates degree. It's hard enough finding a decent job with a bachelors degree let along trying to get one without even a high school diploma. You have the added advantage of living at home so you don't have to worry much about bills.

Also, think about a second job as others have stated. Wal-mart is ALWAYS hiring. They also have some benefits. I know some people that started off with the Wal-mart here from day 1 and they are doing well for themselves.

You work and go to school and try to get a few hours of sleep in between. Seriously. It's not an easy road to go down, but if this is what you want, you are going to need to make some sacrifices. Once he gets there, where will he stay? Will your parents take you both in, or will you get an apartment? Nothing ruins a relationship faster than having to stay with the parents and apartments in a city like Phoenix are going to run you over $500 plus utilities easily. A check from Taco Bell alone is not going to be enough. Remember, it will take time before he will be able to work.

I think everyone here has given you some good advice. It's up to you to decide how or if you want to take it. Anything that is worth having takes time and hard work to get.


I've been living with my mother and law and sister in law (along with my husband) for the last year. I think the assumption it ruins a relationship isn't a great one to make, considering it's situation and personality specific.
athena_nyFemalePeru2007-05-19 19:57:00
K-1 Fiance(e) Visa Process & ProceduresWhat if we can't meet financial requirements?

I've been in a fairly similar situation, money-wise. po' college student with a crappy part-time job.

My fiance was here on a student visa and graduated in December. I moved back home nine months early in order to work and save up money. (Living with my mom & not having to pay for rent/food!) I chose not to be with him over the summer, in Canada, so that I could work and save up money.

I took a semester off of college and continued to work and save up money.
I went back to college only part-time in order to work and save up money.

I am lucky that my dad is willing and able to co-sponsor us. However, as someone has already pointed out, getting him over here is only half the problem. The whole process only gets more and more expensive as you go along. On top of that, he (probably) won't be able to work for ~ninety days once he gets here. Supporting two people on a single, small income is one challenge that I'm not looking forward to. (And we have several thousand in the bank, combined.)

Okay, enough about me. :P Not that there's much that hasn't already been said:

get a second job. It really isn't about education. I don't have a university degree yet and I'm making $9.50 an hour doing secretarial work.
have patience. Your situation is only as hopeless as you make it sound. And the more hopeless you get, the more convinced you become that your situation really is hopeless.

Although I am curious -- have you two met in person? (Traveling is expensive.) That's also a requirement for the K-1...


:thumbs:

I'm 20 and have no college degree and I make 13 an hour in a publishing office. A situation is only as bad as you make it, and there are always options - at least one or two. :)
athena_nyFemalePeru2007-05-19 19:36:00
K-1 Fiance(e) Visa Process & ProceduresCan we get married at our wedding? (i think we're too late on the whole visa process)

Ok.. yeah.. it was sent to the Department of State. So, officially, they got the "no objection" letter before they received his actual application. Will this be a problem? Are they smart enough to file things correctly?

As for Plan B, I don't understand how they could turn him away if he's on a tourist visa. Is that legal? Where is it written that you cannot come to the US as a tourist when you're applying for a K1? I remember having read online no such restrictions.

He was advised by his embassy that it takes approximately 6 weeks for the Dept. of State to approve a J1 waiver once they receive everything. I don't understand why everyone thinks it's going to take a really long time. Was his embassy lying to him?

Gail

Your questions help a lot.

I guess I don't fully understand what's happening on his side, but:
I believe that the Embassy in Portugal sent the "no objection" letter to the USCIS in March ... but my fiancee's application was returned to him because of insufficient postage in March. He resent his application and they are registering it as of May 7th.

So, the "no objection" should be sitting at USCIS, but we do not see its status online. So, how long does the J-1 waiver process take? Can he call them to make sure they got the "no objection" from the Lisbon embassy?

thanks,
Gail

Supposedly, the Lisbon Embassy has had the "No objection" paperowork done for the J1 visa waiver for 2 months now! USCIS returning our paperwork for wrong postage has screwed everything up and they are the bottleneck!

So.. I'm not worried about the J1 being approved... but I am worried that we will get a Request for More Information in reference to the J1 waiver that might slow things down considerably.

if the J1 thing only comes up at the interview, I think it'll be no problem.

Gail

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!



Empr:

When is he going to know about his J-1 waiver? My guess is it is going to take a long while when he will hear anything back from USCIS. They just received his application early this month.

If he didn't get a waiver by the time he has a k-1 interview in his country (which I don't think he will, considering VSC is the center you filed), he wouldn't be granted a K-1 visa due to his being subject to the 2 year home residence requirement.

He in fact could have filed a j-1 waiver while still in the US.

Best wishes.


Yes, it's legal to turn away a visitor at the POE. He has to be able to prove sufficient ties to his country (securing the actual visa is only the first step, it has to be proven again at POE) which in a way "proved" he has no intent to immigrant on THIS TRIP. The K1, which in and of itself proves intent to immigrate at a future date can either work for or against him. Some people feel it shows that you wouldn't stay on this trip, others feel it proves that you're a risk factor if let into the country. K1s/K3s/IR-1s/CR-1s have to go the extra mile to prove their ties.
athena_nyFemalePeru2007-05-13 19:58:00
K-1 Fiance(e) Visa Process & ProceduresTranslation of documents

We should use caution when self-translating legal documents. Check with the laws of your home-country before doing so. It is/may not (be)enough to be fluent in a language. It might (might) be good enough for USCIS/Dept of State, etc -but don't rely on that for future legal use. Just be cautious.

Birth certificates, marriage certificates, wills, diplomas, legal documents all need to be certified.

Certified translations are governed by local laws in each country.

In a non-certified translation the translator is sometimes entitled to give a personal style and tone to the text, to make it more appropriate for the target audience.

Certified translations often must be an exact translation of the source and must always include a clause from the certifier together with a round seal affixed which only Certified Court translators may use, and must be certified by the translators signature, in order to be accepted by the courts and the authorities.

@ - Someone said Certified Translators don't exist in the US - of course they do.


Perhaps you're right, but USCIS still requests a certified translation, not a translation certified by a court certified translator. Like I've said, many people (myself included) have done their own translation without any problems. If you're competent, it shouldn't be an issue.
athena_nyFemalePeru2007-04-05 09:28:00
K-1 Fiance(e) Visa Process & ProceduresTranslation of documents

Wait, does all this mean that anyone who is fluent in English and the language in question can translate the foreign documents? It'd be a lot easier for my fiance to translate his police report than to pay a certified translator to do it and take two weeks.

Sometimes reading these forums give me more questions than I started out with!


The best way I've seen this described is: it says certified translatION not translatOR. From a professional translator, she said that there really is no such thing in the US, she can pull out her certificate recognizing her a translator from some association but that really means nothing and no one ever wants to see it, anyway. You're certifying the translation is accurate and you're competent to translate it. Many "professional" translators will do the same thing you do yourself, down to the statement saying they're competent to translate.

We translated my husband's birth certificate for AOS, and our interview is already scheduled, so I'm assuming there's no RFE coming about it - many people do it themselves with no issues.



Meow mix: Thank you for your explanation.

And some people should realize that not everyone was born with English as their first language like you were.


If they aren't competent, they shouldn't do it. But if you are, I see no reason not to if you want to. My husband's first language isn't English, so I'm well aware some people's first language is not English. But, he was also able to translate....
athena_nyFemalePeru2007-04-05 09:18:00
K-1 Fiance(e) Visa Process & ProceduresTranslation of documents

Wait, does all this mean that anyone who is fluent in English and the language in question can translate the foreign documents? It'd be a lot easier for my fiance to translate his police report than to pay a certified translator to do it and take two weeks.

Sometimes reading these forums give me more questions than I started out with!


The best way I've seen this described is: it says certified translatION not translatOR. From a professional translator, she said that there really is no such thing in the US, she can pull out her certificate recognizing her a translator from some association but that really means nothing and no one ever wants to see it, anyway. You're certifying the translation is accurate and you're competent to translate it. Many "professional" translators will do the same thing you do yourself, down to the statement saying they're competent to translate.

We translated my husband's birth certificate for AOS, and our interview is already scheduled, so I'm assuming there's no RFE coming about it - many people do it themselves with no issues.
athena_nyFemalePeru2007-04-03 19:39:00
K-1 Fiance(e) Visa Process & ProceduresH1B Wife Marries USC: Simple Questiosn

Have a couple questions that I know others might have filling out seemingly simple forms! Thanks for the help

My wife has an H1B that has plenty of time left. I am a US Citizen. We got married last year.


Form I-485
Part 1:
A) DO I use the I-94 from the last entrance, or from off of the H1B letter?
B) What is my status? "H1B"?
Part 2:
Which box do I check a thru h? None seem to apply to H1B seeking Adustment of Status (AOS)
Part 3:
A) What do I answer to "In what status did you last enter"? "H1B Visa?"
B) What is my non-immigrant visa number since I traveled on my H1B? Do I use my Receipt #, the original I-94 #, control #, or what!?!?!?

Form I-864-- .
General:
I intend to prove my salary is sufficient to cover us, althought we filed jointly this year. Will this cause a problem, if I don't worry about filling out a suppliment for my wife, even though her W2 was on our tax return?
Part 1:
I assume I answer (A)
Part 5, question 21:
I answer 1 under (a) for my wife, and 1 for me under (B). But it seems like I should put a ZERO in for C (as to not double count). Is this correct?


That's it. Thank you so much for any help!


This is better suited for the AOS forums. BUT

for form I864, we put another 1 in C but didn't include it in the final count.
I485 - I'd assume you use the I94 from the last entrance, status is H1B, and you check (a). Last entered on H1B, and for the visa number - my husband's visa had a number on it (the one in red, I think) that we used - but he was B2 so I'm not sure.

Not sure if you just don't have any questions on the I-130 but I want to make sure that you know you need to file that along with the other two forms or the application will be rejected.
athena_nyFemalePeru2007-06-05 05:54:00
K-1 Fiance(e) Visa Process & ProceduresComlications with Green card lottery/ getting married

Hi.

I was one of the lucky few that won the green card lottery 2006. The only problem was that I didn't have enough money to pay for it until the end of August 2006. This caused me to send in the application 10 days before the deadline.
A couple of months ago I received the devestating news that my application had been declined since USCIS (?) had gotten it too late to be able to process it. I had a visa number assigned to me and everything.

I am getting married in a few months. Does anyone know if having applied for a green card would reduce my chances of my KI-K2 application beeing denied? I am currently here on a student visa.

I also wonder how much money the spouse needs to earn?

Please get back to me as soon as possible.

I really appreciate your help.

Kajsa

P :help:


If you're already here on an F1, and getting married in a few months, why bother with a K1 or K3 (because you it's doubtful you'd have the visa in time if you're getting married in a 'few months') - why not get married and adjust status from your F1? Save yourself the frustration, energy, time and money involved with K1 or K3 THEN adjusting status.

Aside from all that, I don't see why a denied application due to them not having enough time to process it would affect your application now.
athena_nyFemalePeru2007-06-06 08:32:00
K-1 Fiance(e) Visa Process & ProceduresInterent Relationships

Yeah, you have to meet in real and there's also The Poverty Guideline requirement...


Which can be taken care of with a co-sponsor, so that's really the least of her issues right now...needs to meet in person.


Asking a loved one to put their nuts on a potential chopping block for years for a man she's never met? I'd say the two issues go hand in hand.

I wouldn' be so cavalier about the severity of the favor to ask someone to be a co-sponsor


I agree, it is a big undertaking as a sponsor, and many like yourself are of the opinion its not generally a good idea, but I think we should be giving this person advice on how the K1 process is working at this stage, and sponsorship is a legal alternative for someone who is unable to meet the support requirement, and a uni student might find themselves in this predicament.



:thumbs:

It's not my place to tell someone how severe it is or not, that's for the people they ask and them to decide. It was a big undertaking for my mother and I know that, but again...not my place.
athena_nyFemalePeru2007-05-05 11:47:00
K-1 Fiance(e) Visa Process & ProceduresInterent Relationships

Yeah, you have to meet in real and there's also The Poverty Guideline requirement...


Which can be taken care of with a co-sponsor, so that's really the least of her issues right now...needs to meet in person.
athena_nyFemalePeru2007-05-03 16:58:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?

The phrase "illegal immigration" is such a fun one to banter about these days in the American political discourse. In the context of most of our immigraiton journeys, however, I think it's basically inapplicable - at least insofar as the scary scary connotations it carries, with images of terrorists or people forging the Rio Grande in the dark of night.

While I certainly don't advocate skirting the laws, I pose an academic question: if someone enters the US on the VWP or any other non-marriage/fiance related visa, marries, and adjusts status, how does it affect you?

They'll still be vetted.

They'll still be paying fees.

They'll still have to report their every move to the government.

If they enter with the "intent" to marry, we here are quick to call it fraud. But how much of the really meat-and-potatoes laws are being violated? If a couple continues to live in the US with one-half illegally present, having failed to adjust status, that's a lot worse, but it's also a totally different situation.

But merely skipping the I-129F part? The separation? The pointlessness of it all? It may be against the letter of the laws, but if status is properly adjusted after married, is the spirit wholly violated as well?

Again, while I don't encourage anyone to skip the I-129F process, I certainly don't fault anyone for doing so. It doesn't affect me or my marriage. It didn't slow down my process.



I tell what is different - they won't have to produce a police report and relatively minor offenses in their home country (such as drugs and petty crime) which would normally require a waiver are unlikely to come up in the FBI name clearance.

And yes, I have seen more than one poster in the AOS forum adjusting from tourist status have problems with the question of intent in their interview.

The "adjusting on a tourist visa" is a loophole that really needs to be closed.

And really, the fees are the cheapest thing about this whole process - if you can't afford them, you can't afford to immigrate.


I don't think adjusting from a tourist visa needs to be done away with - as far as I'm concerned, it's not even a loop hole. It's written into law that it's allowed, it's not something they 'forgot' to put in there allowing people to find a way around the correct process. Sorry, wasn't going to send my husband back to Peru for a K1 or K3 when it's completely legal for him to adjust from here. Maybe the government just needs to try a little harder to make sure there isn't intent on tourist-visa marriages. And the fact one person gets denied and the other doesn't...tough luck?

The question of intent at tourist visa interviews arises generally if the marriage was soon after entering, and there are people who never had to deal with it - and yes, the word is if you're a white couple, the less likely you'll get grilled about intent. I didn't meet my husband until he had been there 3 years. I was 15 when he entered the county. We didn't have to prove anything. There was no intent upon entering, the reason he stayed here was trying to wrap up his dead father's estate and winding up in a lawsuit represented by pokey lawyers, something he was not aware would happen upon entry.

My husband did have to have police reports for any crimes that had been committed. Thankfully there weren't any, but it said right on our interview letter that had he had any, he needed to bring a police report.

Edited by meow mix, 10 July 2007 - 07:43 AM.

athena_nyFemalePeru2007-07-10 07:39:00
K-1 Fiance(e) Visa Process & ProceduresFee Changes inviting illegal immigration?
If people find increasing fees a reason to illegally immigrate (which I'm not sure why you would ever do if there is a legal path - life as an illegal isn't all puppy dogs and butterflies), I have no use for them.

If you can't find a way to get the money to immigrate, then you shouldn't, legally or illegally. End of story.
athena_nyFemalePeru2007-07-09 12:55:00
K-1 Fiance(e) Visa Process & ProceduresAwkward legal status for K-1 while waiting for AOS
That 'special status for K1s' applies to all visa types who have applied to adjust status. Once my husband got his NOA he was pending adjustment, and with status even though he'd overstayed his permission on his B2.
athena_nyFemalePeru2007-07-19 08:22:00
K-1 Fiance(e) Visa Process & ProceduresOverstay k-1 or coming back to country

Do you know the percentage of those cases that have problem explaining the tardiness in getting married?


As far as I can tell - overstay is forgiven through marriage to a USC. So - K1 is overstayed, it's forgiven. As long as the person who petitioned them is the one who the immigrant marries, I see no reason they would have to explain it. Sh!t happens.

I certainly didn't have to explain the reasons that my husband overstayed his B2 for 4 years. Overstay is NOT a reason for denial, at this time. Could change in the future, but the way laws are written now, it is not a reason for denial.
athena_nyFemalePeru2007-07-17 18:56:00
K-1 Fiance(e) Visa Process & ProceduresOverstay k-1 or coming back to country

If you committ fraud you risk the chance that you will be deported and banned from coming into the United States for many years as it should be. I think this is more a question of moral judgement and respect for the laws of the country that you are trying to be a part of. Either get married as you promised you said you would (your visa was granted on your promise to do this) or do the K-1 visa again. You keep asking questions because you don't like the answer others are giving you.


Uh, what?

They can file the I-130 and most likely get the AOS approved from a K1 if there is an overstay. The chance of deportation and bans (and bans don't enact until 180 days and only after they leave the country - truth is, if you don't leave, there's no ban until deportation proceedings, and the chance of deportation proceedings in this situation is very low), are very slim especially if there are many, many cases of people overstaying visas for upwards of 5, 10 years and still getting approved at AOS. Overstaying does not lead to a denial of AOS, just extra paperwork.

Whether you think it's "right" for the law to work this way or not is irrelevant, it's the way it is, and telling the OP that they will be deported and banned from the country for overstaying, straight up, is misinformation.

Overstaying a visa due to circumstances unforeseen is NOT fraud - fraud is marrying someone to get into the country, lying about intent (ie. never planning on marrying in the first place but saying you do plan to do so to secure a visa) or having intent to immigrate on a non-immigrant visa such a tourist or student. Like I said, while you may not agree with the OP overstaying, calling it fraud is simply a scare tactic to cloud the OPs judgement as to what the best course of action may or may not be - it is not giving them facts.

Edited by meow mix, 17 July 2007 - 02:21 PM.

athena_nyFemalePeru2007-07-17 14:17:00
K-1 Fiance(e) Visa Process & ProceduresShould I hire an attorney?

Yes, you should hire an attorney. Once you go past the one year point or so that is the best course of action. I am not so sure that an immigration attorney is the right answer though. You may need one that practices Federal Law.

The action you want to file for is called a "Writ of Mandibus" It is basically an action that forces the government to take an action when they have been delaying unnecessarily. It will get you out of Administrative Review. Usually they just release your file rather than go through the expense and time of a federal trial so typically it will force an approval. You do run the risk of a denial but at least it will be settled.

If you happened to read the Immigration Ombudsman report he talked about the goverment being faced with many of the Mandibus actions because of the delays they have had with A/R's

Good Luck.


Mandamus. Not Mandibus.
athena_nyFemalePeru2007-07-22 15:35:00
K-1 Fiance(e) Visa Process & Procedurespetitioner's income to qualify...

Hi. How much does a petitioner has to earn to qualify to sponsor his fiancee?

can you state the figure?

Thanks!


http://travel.state..../info_1327.html

If there are no children involved, you'd look at the figures for 2 people.

Keep in mind that while he only has to meet 100% for the K-1 visa petition, the 125% figure has to be satisfied at the adjustment state in the process, after you've come here and married.
athena_nyFemalePeru2007-07-23 13:05:00
K-1 Fiance(e) Visa Process & Proceduresage requirement

im not waiting for another answer.i know what the answer is already and dont expect it to change at all.im just stating what i originally asked on here.my dad is the co-sponsor and we will probably get married there in the phils instead.we have been talking about it for a while.she is the 1 who really wants sto do the fiancee visa but i keep asking her is she sure thats what she wants to do.and her parents dont really know what love is.she even told me her parents r jealous of us.her dad is a drunk and doesnt work.her mom doesnt do anything around the house except watch her youngest daughter who is barely or not even a year old.its all up to jenes to do it.she cleans cooks goes to school,etc.its just her parents r a little hard headed.they even say she is and that she is an idiot and useless.they always put her down evertime we talk which is basically everyday.all her parents care about is money.and she told me that also.they own a store which b4 they had i think 3 others and were shut down bcuz of low income then they just started another 1.and its their store and they have her walk around for 3 hours collecting money for their store knowing she has school soon and she is cleaning and cooking all day.and her older sis doesnt do anything to help out.maybe watch the store from time to time but thats it.she turns her webcam on for me when she is busy and no1 knows its on so i can see whats really going on.sometimes even her mic so i can hear.but im aware of everything that needs to be done for her to come here on any visa,and the steps involved.yeah im planning to visit her and save the money also to get married there if she changes her mind when i visit.but also i have to save up to 2200 dollars(USD) just to give to her parents so they will consent to us getting married.if i dont give them that money they wont let us get married.


It sounds like they know they have completely control over your futures and are using that to scam you into giving them money. Do not do it, you could easily end up in prison.
athena_nyFemalePeru2007-08-01 11:00:00
K-1 Fiance(e) Visa Process & ProceduresProof of giving Money to Fiance

giving money to anyone is looked upon as giving someone a gift.....


Not necessarily. USCIS can look at it and see possible fraud.
athena_nyFemalePeru2007-08-02 07:06:00
K-1 Fiance(e) Visa Process & ProceduresVisa Waiver Program

I would like to get more information on the addition of Brasil to the VWP. If it's already in place (functional) that means my girl could come up to see me for say 90 days, return back home for her interview and then fly back here. We would be together 90% of the time instead of being apart for 90% of the time!!


Just be careful of that. I know for Germany it's 90 days at a time, but more than 6 months in a year is considered a no-no.


Yup. IF you are spending more time in the US than your home country, VWP priveleges can be revoked.
athena_nyFemalePeru2007-08-05 17:37:00
K-1 Fiance(e) Visa Process & ProceduresVisa Waiver Program

Bush signed the law, but in order for it to work, Brazil will have to enroll in the program, and wait to be approved for it, it will also have to change it's reciprocity law and stop requiring visas from americans.

Don't count on the VWP program for Brazil anytime soon, my guess it will take at least a year for it all to come to reality, if it does come, since the law Bush signed is for country with 10% or less of denied visa applications in the consulates (the bigger the number of illegals, the more they deny) and Brazil has currently 13% of denials.

Also, it's visa fraud to enter US with intentions to marry and stay if you already know it beforehand and are aware of the laws.


Did it say anything about Argentina?

I'm surprised they are adding Argentina, considering they took it away 5 yrs ago.

http://travel.state....thout_1990.html

Those are all the VWP countries, I believe it was posted earlier in the thread.

Edited by meow mix, 05 August 2007 - 03:45 PM.

athena_nyFemalePeru2007-08-05 15:44:00
K-1 Fiance(e) Visa Process & ProceduresVisa Waiver Program
I can't find anything on Brazil entering the VWP, and I highly doubt it, since it's hard enough (at times, close to impossible) for them to get a visa approved due to high fraud rates, etc. Like the rest of S. America, really.
athena_nyFemalePeru2007-08-05 07:30:00
K-1 Fiance(e) Visa Process & ProceduresHelp with the use of ACCO fastners

Just to head you off at the pass - we don't know how to get to your local post office, so you'll have to find that yourself.


:thumbs: :lol: :lol: :lol:
athena_nyFemalePeru2007-08-14 10:08:00
K-1 Fiance(e) Visa Process & Proceduresfiance unaware of previous marriage
QUOTE (jane2005 @ Aug 26 2007, 02:07 PM) <{POST_SNAPBACK}>
I'm not tryng to bash your fiancee in anyway - but are you 100% certain that she was not aware of the marriage and aware that she had a husband? You'd know this better than anyone here.

If she was aware she was married and this story is some sort of cover up (which will be told to immigration officials who are bound to be suspicious of it, just as we in this forum are) - then it could be very bad for your immigration process if she is determined to be lying.


good.gif

Agreed. Better to get the whole story now than later...
athena_nyFemalePeru2007-08-26 13:43:00
K-1 Fiance(e) Visa Process & ProceduresK-1 application package REJECTED!
Don't be so bitter. There's a hard, usually long, journey ahead and this much bitterness will not make it easier for either one of you.

biggrin.gif
athena_nyFemalePeru2007-08-28 17:15:00
K-1 Fiance(e) Visa Process & ProceduresNot A Great Memory
All I know is, my parents are much older than your fiance, and they can remember every place they lived since they were 5.

Your fiance may have a bigger problem if he can't remember city/town/country where he lived...
athena_nyFemalePeru2007-09-05 08:22:00
K-1 Fiance(e) Visa Process & ProceduresWe're so young
QUOTE (Katherine @ Sep 3 2007, 02:59 AM) <{POST_SNAPBACK}>
My fiance is American and we're about to get married soon convinced that that's what we want to do. Believing that we've found our true soulmate.
I'm only 21 and he's soon to be 24 but disregarding our age our marriage is truly serious. We've been together for 18 months and we both agree that we would have waited a while with getting married if the curcumstances wasn't the way the are with me being from Denmark and so on. But we still really wish to say I DO so all the comlications with a LDR is over!

What concerns me is that I am not sure how the interviewer or the USCIS all in all is going to look at our situation, with us being so young and all... I'm afraid we can't convince them that we are sincere!!!!!

Please give me some advice!! Anybody else out there being young and married?????


I was 20 at my husband's AOS interview, he was 22. We didn't do K1 but the issue did not even come up at adjustment of status.
athena_nyFemalePeru2007-09-04 07:29:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (alaskaone @ Sep 14 2007, 12:28 PM) <{POST_SNAPBACK}>
you have support if your not insulting and attacking members left and right, if you want to insult and attack, then you wont find much support here

Ion, it was not me who lobbed the first dung ball.



Thanks, Rakkus.


No dung balls were thrown by anyone, though. Xanax was suggested and I said put up or shut up (go through the process and deal with it to do what you have to or go elsewhere, really) but your reaction was a far cry from the reaction of a well-adjusted individual who is willing to do what it takes to get their fiance/spouse permanent residency. Are any of us happy with the system? No. But it's much more effective for us to deal with it, educate whoever we can, then protest after the fact (our futures are at stake, after all) or while stuck in name check. My own father had no idea what it takes, and was shocked - I tell whoever will listen what some people are put through, because our journey was rather painless aside from the expenses.

The best thing you can do at the moment is educate yourself, read the guides, ask productive questions about where this goes or when this is done or this or that - the kind of dialog opened with featherB. Positive energy bears more positive energy, and negative energy just builds on existing negative energy.
athena_nyFemalePeru2007-09-14 11:37:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (pushbrk @ Sep 14 2007, 12:03 PM) <{POST_SNAPBACK}>
QUOTE (Caladan @ Sep 14 2007, 08:53 AM) <{POST_SNAPBACK}>
alaskaone's being a bit hyberbolic, but pretty much 100% correct. The luckiest thing for USCIS was 9/11 because now every bureaucratic inefficiency can be swept away with a worry about terrorists. No EAD? Terrorists. Filing the obsolete G-325A eight times? Terrorists. Fingerprinted three times (the first two were warm-ups)? Terrorists. No driver's license. Terrorists AND illegals.

As if the US were the only country to fear terrorism and have immigration. The system is broken and it is beyond absurd that in the name of security(!) the process takes this long. Here's a hint, kids. If Joe Terrorist is coming here he's not going to go through the process that requires a background check, and if he does, you can bet Osama's eyeteeth that he will be the guy with the perfect background.

alaskaone, if you want to help, the best thing you can do as a private citizen is educate yourself about the process. Read immigration law. Read the policies. And when your friends chat about how easy it is, let them know what the process is like. Bug the hell out of your Congressmen when Congress decides to make more stupid immigration laws.


Members support members in this group. The OP offers no support. Instead, the OP offers screams and tears for the shoulders of others without contributing so much as a timeline to the group. Even the tears and screams are irrational. The first advice was the best. Zanex or something stronger.


Horse tranquilizer?

good.gif
athena_nyFemalePeru2007-09-14 11:05:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (alaskaone @ Sep 14 2007, 11:09 AM) <{POST_SNAPBACK}>
If I had a problem, I would do something about it - you won't even write to your congress(wo)man. Nothing gets done whining away on an internet message board, but that's all you see fit to do. Wonder who the real coward is then?

You're laboring under a false assumption. Stevens, Murkowski & Young have all heard from me the last time I went through this wretched process. INS lied to us (my ex-wife & I) which ended up costing us over $8 grand and 6 months... and they ignored my representatives attempts at intervention on my behalf.

I've worked with Stevens, Murkowski & Young trying to reign in the EPA's ban on modern diesel engines... the EPA ignored them.

The lesson there is the bureaucracies are not under the control of congress. INS or whatever those fiends are calling themselves these days, are a bureaucracy... as vicious and dastardly as any other.

I'm glad you're all happy happy joy joy at your mistreatment. Good for you. Perhaps you don't care how bad things are going to get for the next group coming through a couple years down the line. Today adjustment of status is just a thousand dollars. Ten years from now it'll be $10,000 but so what?

I'm looking for a way to fight. If you've got no ideas other than submission then I'd appreciate it if you would keep your love of bureaucratic authoritarianism to yourself.


I'm not preaching submission, just not being a crazy person. smile.gif I recommend you take RJ's suggestion and see a therapist to get some Xanax.
athena_nyFemalePeru2007-09-14 10:13:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (maya62 @ Sep 14 2007, 10:58 AM) <{POST_SNAPBACK}>
Their first interaction with this cumbersome bureaucracy you're railing against was when they mailed the AOS app at the end of Feb 2007. They had the greencard by May 10. Three months. I see nothing to complain about.

M


Our approval was extraordinarily quick, and I understand the frustration but just not the craziness as witnessed here and the total laziness to do anything productive, as the OP feels that he has to FIGHT and CHANGE THINGS! (and I've seen some members here try like hell to do the same with little or no results, so that's neither here nor there)

While having to pay more fees and fill out more forms isn't necessarily pleasing, it's worth my husband being here and not abandoning his status. Apparently that makes me a coward laughing.gif
athena_nyFemalePeru2007-09-14 10:10:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (Jomo @ Sep 14 2007, 10:55 AM) <{POST_SNAPBACK}>
QUOTE (alaskaone @ Sep 14 2007, 09:52 AM) <{POST_SNAPBACK}>
*March 2002 - He enters USA on tourist visa.
*August 2005 - We meet at a party when he's on vacation
*October 2005 - He finds me on myspace
*January 2006 - Officially enter into long-distance relationship (NY to FL)
*March 2006 - I visit FL
*May 2006 - I visit FL again
*July 2006 - I move to FL
*September 30, 2006 - Officially engaged
*January 5th, 2007 - MARRIED! smile.gif
*Feburary 26, 2007 - Send in AOS/EAD application with I-130. The wait begins...
*March 02, 2007 - Package delivered @ 1.39 pm in Chicago (Day 1)
*March 08, 2007 - Package received at MSC (Day 6)
*March 12, 2007 - Received NOA for I-130, I-485, and I-765 from MSC (Day 10)
*March 14, 2007 - EAD *touched* (Day 12)
*March 16, 2007 - Received biometrics appt letter (Day 14)
*March 21, 2007 - I-485 and I-130 *touched* (Day 19)
*March 30, 2007 - Received interview notice (Day 28)
*April 10, 2007 - Biometrics appt (Day 39)
*April 11, 2007 - AOS/EAD/I-130 *touched* (Day 40)
*April 26, 2007 - Interview appt in Tampa (Day 55) - APPROVED!
*April 27, 2007 - Notice mailed welcoming new permanent resident
*May 01, 2007 - Green card production ordered!
*May 04, 2007 - I-485 approval notice sent
*May 08, 2007 - I-485 touched
*May 10, 2007- GREEN CARD RECEIVED!
*May 16, 2007 - EAD touched...what!?
*January 26, 2009 - File I-751 to remove conditions


Just look at that! This poor couple, they began in March, 2002 and won't be done for another couple of years!

Does that seem anything close to reasonable? Does it seem anything near to just? What is the point in all those wasted years, all those endless fees, reams of duplicate paperwork, anxiety, fear and uncertainty?

We're not criminals. We're not dangerous. We didn't bomb anyone, we didn't hijack any aircraft, we aren't plotting anything.

We're just trying to get married.



You wrote: *January 2006 - Officially enter into long-distance relationship (NY to FL)

What country are we really talking about here. I'm sorry....I'm confused.


My husband is from Peru. Was already in the states. I didn't do K1, which is irrelevant to alaskaone being a total crazy drama queen.
athena_nyFemalePeru2007-09-14 10:02:00
K-1 Fiance(e) Visa Process & ProceduresThe whole process is outrageous
QUOTE (alaskaone @ Sep 14 2007, 10:39 AM) <{POST_SNAPBACK}>
QUOTE (meow mix @ Sep 14 2007, 06:05 AM) <{POST_SNAPBACK}>
QUOTE (alaskaone @ Sep 14 2007, 09:37 AM) <{POST_SNAPBACK}>
Folks, we've all paid taxes... 31% off the top for most of us plus about another 20% in hidden taxes on goods and services. Why are we being milked again?

We want to marry someone. That's it. 9/11 was done by people approved by the feds to come to our country. Who has been punished? Nobody working for the Feds, that's for certain.

We're trying to get married and live happy ever after, that's all. USCIS is using it as an excuse to extract revenue from us.

All that can be reasonably asked of us is the following; a tax return (have ya got a job to support your new wife/husband with?) and a criminal background check on the fiance'. That's it. No more.

This wringer INS wants to smash us all through is just plain cruel and pointless.


Well, that's now how it is, and it's not going to change (and INS is no longer a department that exists), so either put up or shut up.


"That's how it is and it's not going to change."

Says you. What a cowardly attitude. Put up or shut up? Do you want photos of the building, sweetie? Photos of the people inside the building, darling? It's the same building and the same people. I went through this whole damnable process ten years ago and in the decade past it's only gotten worse and ten times the cost in money and bloody pointless paperwork.

You want to bend over and lube up, fine. I've got to do the same thing but the difference between us appears to be that you like it and I don't. It's precisely your sort of attitude that has allowed the feds to spiral so far out of control.

They work for us. We do not work for them. How dare you forget that.


I like what? We got our AOS approval in 7 weeks, so I have no complaints. I feel bad for people like RJ and LAL who had to wait through name checks and did so graciously. If I had a problem, I would do something about it - you won't even write to your congress(wo)man. Nothing gets done whining away on an internet message board, but that's all you see fit to do. Wonder who the real coward is then?

If you want things to change do something productive regarding your wants and desires. This is not productive.

And a tip: politicians and government don't take well to crazy people screaming and shouting. Maybe that's why your results have been so shockingly nonexistant, if this ####### here is any hint to your behavior.
athena_nyFemalePeru2007-09-14 09:50:00