Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	How do you qualify to Expedite Case?	D As far as I am concerend the 1st wedding willbe the day we are married! Jeez I feel like the kill joy, but again, caution, caution, caution. Please bear that 'legal' title in mind when you are traveling as a 'fiancee'. While unusual, there was a recent example of a fiance being refused entry for referring to his partner as his wife (because of their 'unofficial' ceremony). Ok, so no wedding rings, no engagment rings and no Wife or Husband calling! I will be very carefull! Thanks for the help. BTW.. did you know that your USC husband needs to get a fiancee visa to get married in the UK.. I think it'll be pretty hard to hide that you didn't get married when your fiancee has an activiated UK Fiancee Visa in his passport... and if you don't think that the CBP won't pick up on that... we'll good luck to you. Again.. don't be short sighted... get the civil wedding done in the US first if you want to do a K1. If you're insistent on getting married in the UK.. I suggest that you go for the K3 or CR1 option... Edited by zyggy, 10 October 2006 - 08:02 AM.	zyggy	Not Telling	Canada	2006-10-10 08:01:00
K-1 Fiance(e) Visa Process & Procedures	How do you qualify to Expedite Case?	D As far as I am concerend the 1st wedding willbe the day we are married! Jeez I feel like the kill joy, but again, caution, caution, caution. Please bear that 'legal' title in mind when you are traveling as a 'fiancee'. While unusual, there was a recent example of a fiance being refused entry for referring to his partner as his wife (because of their 'unofficial' ceremony). ANd I personally sent back an Canadian couple who came ona K-1 because they had wedding rings on... I strongly urge you to not have any ceremony of any kind before you enter the US... too much of a chance to get caught in a 'misunderstanding'	zyggy	Not Telling	Canada	2006-10-09 15:14:00
K-1 Fiance(e) Visa Process & Procedures	Ok I got my RFE	I am curious to know if the petitioners who received the RFE for the beneficiary's birth certificate have something in common. For example did the foreign fiance live or work in the US? Were they divorced? Had they petioned for a US visa before? Maybe I am just grasping at straws, but it seems that since it is not a required peice of evidence, it must be asked for to add further evidecne to something in the original evidence? no? Actually it's usually because of a name hit in their databases. The BC will show if it is or is not the same individual. Nothing that you can really do about it.. you were just unfortunate to have the same or similar name as a person of interest...	zyggy	Not Telling	Canada	2006-10-10 08:51:00
K-1 Fiance(e) Visa Process & Procedures	Tourist visa in case of delay	zyggy, I don't see the problem that you do. When my Thai wife was my Thai girlfriend she twice applied for tourist visas so as to accompany me on visits to the USA. The applications were approved. A year after the 2nd one I petitioned for her and she applied for a K1 visa. The tourist visa the prior year was not an issue. The point at which a fiance(e) becomes a spouse is clear-cut and well documented. The point at which a close friend becomes a fiance(e) can be much more nebulous. Yodrak Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1. ..... Yodrak... I agree.. it's a matter of time and any suspicion on the part of CO's would be a subjective one... but if one applys for a tourist visa and then subsequently files a I-129F.. it would probably look fishy... If one waited a year or so, it probably wouldn't...	zyggy	Not Telling	Canada	2006-10-10 09:20:00
K-1 Fiance(e) Visa Process & Procedures	Tourist visa in case of delay	Of course I meant to say K1 visa on my origianal post, not K3 visa. There is and will be no petition pending. If she applies for a tourist visa then we would delay the K1 process until after she returns to Thailand. So when it comes to the tourist visa I don't see why the Consulate would have any doubt about her returning to Thailand as she has on previous visits to the USA, and of course she would return to Thailand and we would not begin the K1 process until after her return to Thailand. So I"m not sure why there would be any problem with this approach. Why would anyone care that she had been a tourist to America shortly before she returned to Thailand and applied for a K1 visa to imigrate to the USA. Seems to me that her numerous visits to America (and to me while there) would only illustrate that she has thought carefully about her choices before we applied for a K1. This was not what you posted in your original question... you implied that you would be filing for a K1 and while that was in progress, attempt to obtain a tourist visa, which I agree would would most likely be denied. However, if you do not file for the K1 yet, or even if you file while she is here, AND assuming she is eligble and brings evidence of ties to Thailand, there will likely be no problem with her coming to visit. Jen *edited for spelling You're forgetting that the DS-156 specifically asks if an alien has a Fiancee relationship with a USC... Even if the I-129F is not filed.. how is she going to answer that question... Are you prepared if you answer No what the reprocussions would be when she subsequently goes in for the K1 and they ask why she answered No when she go the tourist visa and is now saying that she does have a USC fiancee.... how is she going to adress this discrepancy...	zyggy	Not Telling	Canada	2006-10-10 07:53:00
K-1 Fiance(e) Visa Process & Procedures	Tourist visa in case of delay	Agreed... it would be very difficult to get a tourist visa with a K1 in process.. but as they say.. you can't win if you don't play and it costs $100 to play... Remember that you MUST divulge your fiancee relationship on the DS-156, even if you haven't filed the I-129F. If you don't, it could bring a permanent ban for misrepresentation when you apply for a K-1. But you know what they say about placing your bet on a sucker... Edited by zyggy, 09 October 2006 - 07:59 AM.	zyggy	Not Telling	Canada	2006-10-09 07:57:00
K-1 Fiance(e) Visa Process & Procedures	USA Entry With My Fiancee?	A USC always has the option of "downgrading" themselves. If a USC wishes to go through the others line with their SO.. they can do so...	zyggy	Not Telling	Canada	2006-09-29 07:56:00
K-1 Fiance(e) Visa Process & Procedures	Travelling after marriage	Yes she would be issued a CR-1/IR-1 visa, and get a Green-card as soon as arriving in the states, be able to travel to Japan freely, and be able to work as soon as arrive in the states. You only need to be with her at the interview at the consulate. The DCF is your best choice. I would be doing that if I were living in the country with my fiance, unfortunately that is not the case for us. Sorry, can you help me out here...Is the CR-1/IR-1 visa the visa everyone receives after going for the DCF? Yes.. please read our guides... the CR-1 visa is an immigrant visa. she will get permanent resident status upon her entry to the US... Edited by zyggy, 16 October 2006 - 09:08 AM.	zyggy	Not Telling	Canada	2006-10-16 09:07:00
K-1 Fiance(e) Visa Process & Procedures	Travelling after marriage	Sorry for the confusion. First, my fiance doesn't have the K-1 visa yet. We are waiting for the final paperwork to come in from her medical health check-up. This paperwork should be in tomorrow or the day after. Once she gets that paperwork all she has to do is send a fax to the consulate in order to set up her interview date. So, assuming she does this tomorrrow or the day after (when she gets the final completed paperwork in the mail), she should have an interview date by this November. If she has an interview this November, she will have to leave Japan within 6 months before the visa expires. The problem is we want to push that back so she doesn't leave Japan until September '07. Would it cause a problem with the embassay if she doesn't notify them as soon as she has all her paperwork finished? YuAndDan: Good question and thanks for the links. We could have done that and it would have made a lot of things easier in the long run. Again, we started this process without knowing too much about it. I did hear from others that it has taken a long time for them to get spousal visas to the US (as in years). That kind of turned us off from getting married in Japan. Thanks for the responses, keep them coming! Years.. nope.. try like 3 months from start to finish... You're not too far in to bag the K1 and go for DCF.. It's quicker and you get a MUCH better visa... (and you'd be spending the same amount of money for AOS in the US anyways) Again.. I strongly suggest that you look into DCF... you'll be glad you did.. Edited by zyggy, 16 October 2006 - 08:30 AM.	zyggy	Not Telling	Canada	2006-10-16 08:28:00
K-1 Fiance(e) Visa Process & Procedures	Travelling after marriage	Agreed.. I would go for DCF.. forget the K1. You can do DCF in Japan even if the USC is NOT resident in Japan... Have you kept ties back to the US (bank accounts, voting, filed US Income taxes, etc.).. if so you may only need to get a joint sponsor and still be able to file in Japan before you leave.	zyggy	Not Telling	Canada	2006-10-16 08:17:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	He told us a long long time ago the he is an ex CBP.... Kezzie Interesting... He didn't disclose this fact in this thread. I'm sure I'm not the only one who didn't know this little bit of knowledge. That would certainly change things a bit. I'm more apt to take into account of what he says about his experiences while working as a CBP. Still, the law is pretty clear on this. But there will forever be over-zealous officers in every force in every corner of the world. That's just reality. A black person driving through rural Mississippi during the wee hours of the night may indeed be pulled over and harrassed by the local hickville police/sheriff--that is reality--but does that mean we should advise all black people to not drive at night time in rural areas of the South? I should hope not. The law is clearly on the side of the black person, but indeed he or she may still be harrassed. I would never urge people to kow-tow to over-zealous officers if indeed the law is clearly on the side of the people. How is anything I have said give any impression that I and the CBP are not following the law... am1996 and I disagree on the interpretation of the law regarding a material misrepresentation, but we and many other long time posters agree that the CBP has the authority to deny entry if any evidence brings into doubt the ability of an alien to be free and able to marry... and that is the main point of this discussion... So I don't see how questioning whether an alien is legally free and able to marry if there is evidence that suggests the contrary constitutes overzealousness on the part of the CBP... perhaps you should step back a bit and understand how things work.. Edited by zyggy, 19 October 2006 - 02:18 PM.	zyggy	Not Telling	Canada	2006-10-19 14:18:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	The commentary you've offered has been focused on how a non-legally binding religious ceremony would not compromise the legal restrictions that the K1 visa carries. I'd be interested in knowing if your impression would be any different, say, in the case of a couple that had applied for a K1, and resided overseas together for some time, in a country where common-law marriage or putative marriage arrangements exist? Yes, my impressions would be quite different if a situation was as you describe it above. Is this just an intellectual question or a practical one? If it's the former, I'd prefer to discuss it over PM's so we do not end up confusing people here. If it's the latter, then we should probably start a new thread since the answer would be quite complex. Just very briefly, the mere existence of the latter in people's home countries can dramatically change the analysis and the considerations that have been articulated in this thread. This is one of the reasons that I've been telling people that their specific situations are all different and that they should, therefore, independently check all the information in this thread and make their own independent decisions about the most appropriate course of action for them. Well, it's a bit of a mixture of both intellectual and practical, I believe . But should it take this discourse off course, I'd be more than happy to continue this in PM, if you wish. After following this discussion for a while, it made me think. I'm just wondering about implications, broad implications, if you will, of a layperson *considering* whether his/her marriage is legal or not. We've been involved in discussing that a religious ceremony, absent the certificate and registry part of the normal legal marriage process, is perceived in many places as simply a celebration, blessing, and not a legal union (though I suspect there are places in the world that this may not be the case. India comes to my mind, for example, if I'm not mistaken) and as such it might not violate the terms of entry under a K1 visa. I brought up the notion of putative spouse arrangements or common-law, because neither really involve solemnising, or registering (although there is to be some sort of agreement between parties, but it doesn't have to even be in written form) and yet both are considered marriage. I wonder if it is entirely possible that a US citizen and an alien entering on a K1 might have engaged in behaviour that could be a legal marriage, and the alien or US citizen doesn't know it. True... I know of at least one jurisdiction where this is the case... In Ontario, Canada, it only takes 6 months of co-habitation to establish a common law marriage... not long at all.. Also in Ontario, Canada, a marriage license is not required, and therefore no registration is required to establish a legal marriage, if it is the first marriage for each of the parties.. this was one situation where I had to send the individuals back home... they didn't think they were married with only a religious ceremony, but under Canadian law they were and back home they went to get a CR-1 visa (K-3's weren't available yet).	zyggy	Not Telling	Canada	2006-10-19 12:49:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	Adverse actions are and can only be taken with respect to "MATERIAL misrepresentations." A misrepresentation is only "material" if, in this context, the true facts would have made the alien excludable from this country or otherwise ineligible for the type of visa that he/she is relying upon to enter the country. A participation in a non legally binding ceremonial wedding does not make the alien ineligible for the K1 visa, which means that the alien's decision to withhold information about such wedding is NOT material. Once again, this is analogous to an alien misrepresenting the fact that he's previously watched the "Bachelor" -- the statute does NOT make the "Bachelor" watchers or the non-legally binding ceremony participants ineligible for K1 admission. Hence, any misrepresentations made in connection therewith are NOT material. Again, I disagree... I believe that not divulging a non-legal wedding ceremony if asked would cut off a line of questioning that could result in an alien being denied entry due to there being doubts about the alien being "legally able to marry". Any response that would cut off a line of questions that could lead to the officer making a determination of inadmissibility in my opinion is a material misrepresentation..It is my opinion that the omission of the ceremony would be material in an officer's mind in regards to judging if that alien is admissible to the US... Of course, it appears that you have the opposite opinion and that is okay... that's what courts of law and fora like this are for... to get the arguments out in the open... The reason why I presenting this point of view is because in my experience in CBP others share this point of view.. whether it is the right point of view or wrong.. it doesn't matter... the fact that the above point of view is significant in terms of how it could affect this community... I appreciate your point of view am and your analysis and thank you for your contribution to our community... Edited by zyggy, 19 October 2006 - 10:40 AM.	zyggy	Not Telling	Canada	2006-10-19 10:34:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	However, it is my opinion, that not revealing the presence of a wedding ceremony, legally binding or not, would make a difference in the CBP officer making a determination on the admissibility of the alien. Therefore, not revealing this fact would be a "material misrepresentation". Ziggy, I understand that you are trying to set the record, so people dont go around doing dumb things and messing up their processes. And frankly, I must be really dumb cause even the Bachelor example went over my head. But if I went thru immigration at POE, and the CBP didnt ask me, and I didnt give any signs of being 'legally or illegally' married, and he let me in. And then, if I went thru AOS, and I didnt use my wedding pictures or whatever I have from the ceremony, as evidence. Will I still be in trouble?? No... If it isn't asked.. then you would not be in trouble... if you are not legally married, and tried to enter on a K1, even if you had a non-legal ceremony, in my opinion that would not be a material misrepresentation, since you are legally free and able to marry.... Also in the terms of making a material misrepresentation, if you are truthful about having a non-legal marriage ceremony if you are asked, you would not be making a material misrepresentation... you would be telling the truth and giving the proper information that would allow the CBP officer to make their decision regarding your eligibility for admission to the US... However, if it is asked and you do not divulge it, then in my opinion a CBP officer could see that as a material misrepresentation... and right or wrong, since there's no judicial review of such a decision, it would stick with you... That's one point... The other is my recommendation that if one wants a large ceremony for family and friends that does not constitute a legally binding wedding, that it be done after entry to the US and the legal marriage has been completed... This is due to the presumption in the INA that the alien must prove their eligibility to enter the US under the terms of the status that they wish to enter to the satisfaction of the CBP officer. If there is evidence that a wedding ceremony has taken place, non-legally binding or not, then the presumption in the eyes of the CBP officer will have changed from the point of view that the alien that is before them was legally free to marry to the alien is not legally free to marry. The burden of proof is now on the alien to overcome that presumption by presenting evidence that one is actually legally free to marry at that point in time... and if it comes up at the AOS interview with the USCIS, you would also have to present evidence that would prove that you were legally free to marry at the time that you were admitted to the US on the K1. As mentioned previously.. it is easy to prove that one was married at a particular point in time through a marriage certificate... to prove that one was not married at a certain point in time and therefore, legally free to marry in the US at the time of admission to the US is near impossible at the POE and extremely difficult after the fact if it happens to come up at an AOS interview... All I'm trying to do is to save people a lot of heartache and problems that they themselves could avoid... What are peoples priorities.. is it to have the big wedding of your dreams before you enter the US with friends and family with the real risk that it could all blow up in your face ruslting in a lot of anxiety, pain and lots of money down the drain hiring exprensive attorneys to sort it all out, or is it to be together in the US and having a secure foundation to build their future together by having a relatively smooth immigration process... You can still have the big wedding ceremony of your dreams with the K1, but if you want a smooth immigration process, all I'm saying is that it should be done after you have the legal ceremony in the US... If it is your priority to have the big wedding in your home country before your friends and family and you want the smooth process, you should not do the K1 and go for the K3 or CR-1. But of course, we all know that it takes longer... What are your priorities... niether I or anyone else can answer that for anyone else... All I and others are trying to do is show that some choices that may seem on paper very innocent could have severe consequences in practice and allow people to have the information required to make an informed decision... So, I hope this thread has given people the tools they need to make their informed choice and set thier own priorities... Edited by zyggy, 19 October 2006 - 08:43 AM.	zyggy	Not Telling	Canada	2006-10-19 08:33:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	My position stands.... Zyggy, to explain all this without any legal jargon, if I am entering the country as a K-1 in full compliance with all its requirements and a CBP officer asks me if I've ever committed the ultimate sin of watching the "Bachelor," as a matter of law my answer to that question makes no difference. If I lie about having watched it, it may be a "misrepresentatin" but is certainly not a "material misrepresentation" since I otherwise meet all the K-1 eligibility criteria. The officer is, therefore, REQUIRED to admit me. If I tell the truth and admit that I've seen the Bachelor, then, no matter how the particular officer feels about this issue, he is still REQUIRED to admit me because I am otherwise in full compliance with the K-1 statute. If an officer either does not know the law or decides to disregard it, however, as a practical matter he can still deny me entry, even though the law is completely on my side. Now, if instead of the "Bachelor" you substitute the words "religious, non-legally binding ceremony" you will see what I am saying I agree with the reference to the Bachelor... the fact of one watching "The Bachelor" would make no difference in the mind of a CBP officer on the admissibiility of an alien.. therefore not divilging a this fact which would not be material in the officer's determination would not constitute a "material misrepresentation" and therefore would not be subject to a ban.. However, it is my opinion, that not revealing the presence of a wedding ceremony, legally binding or not, would make a difference in the CBP officer making a determination on the admissibility of the alien. Therefore, not revealing this fact would be a "material misrepresentation". There are several countries where a wedding ceremony is in fact legally binding, no matter if it was registered with the government or not... the CBP is not responsible for knowing the laws regarding a legal marriage acts of the hundreds of countries all over the world.... if there is a fact available that could impact an officer's decision in the determination of the admissibility of an alien and that fact is not given.. then it is a "material misrepresentation". It appears that you do not believe that divulging the marriage ceremony would impact an officer's determination in determining eligibility... I believe that it does.... It is reasonable to believe that if there was a wedding ceremony that the ceremony did involve a legally binding marriage... and I believe that the reasonable person would believe that it does as well...	zyggy	Not Telling	Canada	2006-10-18 13:58:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	Right, I tried reading the whole thread but found so much nonsense that decided to go straight to posting... Can I just ask the OP: 1. Will you be signing anything when having the ceremony in the church? 2. Are you planning to let the whole DHS/USCIS/Embassies and Consulates know about what you're planning to do? If you are not signing anything, I can't see how this would be illegal as this is just a simbolic thing to do, with no legal ties... And if it lacks legal ties, then how can this be illegal or a marriage as such?? You will have no paperwork for what I understand, there'll be no signing and nothing but pictures to remind you of that day. Second, why would you let the POE officer or anyone know about this? I am assuming this is something personal, so I don't see why they should know or oppose to it. Plus, someone on a post before this one copied something about sombolic ceremonies, so what is the big deal? Come on people, think about it, and make a bit of sense... This is just SIMBOLIC and as such it DOESN'T HAVE LEGAL TIES, which means that they won't be MARRIED in reality, so what is the problem if they want to celebrate in Brazil? On the other hand, I am not sure you know about this, but a one way trip is sometimes more expensive than reound trips, so you would be spending the same amount of money... Unless you plan to go to Brazil to accompany wour fiance back to the USA, which is not necessary really... Maybe if you read the thread in its entirety, you would get an understanding on why that may not be a good idea and the reasons why that is so... you may come away with a greater understanding of how the process at the POE works and be able to give educated responses should such a situation be asked again... FYI I read more than half of the thread and is all absolute nonsense! Also, I have already done the POE process, and they ask absolutely nothing about your status or your personal life, or what you did just before you came to America or what you're planning to do, so don't come and be so patronizing with me... I am sorry if I am coming across quite rude, but I don't see what the whole fuzz is about! It was not my intent to be patronizing... this discussion has been far from nonsense.. it has been a very good discussion on the risks of having a prior "non-legal wedding ceremony" in regards to your admission into the US on a K-1 visa and what may happen if the existance of that ceremony came out at the POE... To come in and chime in without reading the discussion is not helping the OP and may actually hinder what is being discussed... I have been seeing this more and more lately... and I for one find it troubling. We as a whole must become a more educated community or we could be doing others a great disservice...	zyggy	Not Telling	Canada	2006-10-18 13:42:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	Right, I tried reading the whole thread but found so much nonsense that decided to go straight to posting... Can I just ask the OP: 1. Will you be signing anything when having the ceremony in the church? 2. Are you planning to let the whole DHS/USCIS/Embassies and Consulates know about what you're planning to do? If you are not signing anything, I can't see how this would be illegal as this is just a simbolic thing to do, with no legal ties... And if it lacks legal ties, then how can this be illegal or a marriage as such?? You will have no paperwork for what I understand, there'll be no signing and nothing but pictures to remind you of that day. Second, why would you let the POE officer or anyone know about this? I am assuming this is something personal, so I don't see why they should know or oppose to it. Plus, someone on a post before this one copied something about sombolic ceremonies, so what is the big deal? Come on people, think about it, and make a bit of sense... This is just SIMBOLIC and as such it DOESN'T HAVE LEGAL TIES, which means that they won't be MARRIED in reality, so what is the problem if they want to celebrate in Brazil? On the other hand, I am not sure you know about this, but a one way trip is sometimes more expensive than reound trips, so you would be spending the same amount of money... Unless you plan to go to Brazil to accompany wour fiance back to the USA, which is not necessary really... Maybe if you read the thread in its entirety, you would get an understanding on why that may not be a good idea and the reasons why that is so... you may come away with a greater understanding of how the process at the POE works and be able to give educated responses should such a situation be asked again...	zyggy	Not Telling	Canada	2006-10-18 13:28:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	(2) the misrepresentation tends to shut off a line of inquiry which is relevant to the alien's eligibility and which might well have resulted in a proper determination that he be excluded." Matter of S- and B-C, 9 I&N 436, 9 FAM 40.63 N6.1. am... It is my opinion that the above does have an effect if one wilfully witholds the fact that one had a "non-legal marriage ceremony". Even if it may have been non-legal, the CBP doesn't know that.. and they don't know the laws that could make that happen.. in fact, what one may have considered a "non-legal" ceremony may have in fact been legal and binding... You're talking out of both sides of your mouth... on one side your telling me that not divulging the fact of a marriage ceremony is not a misrepresentation and on the other side you're stating that the knowledge of the event is reasonable grounds to deny entry... you can't have it both ways... if knowledge of the event is reasonable grounds that would influence the determination of the excludability of an indiviudal by a CBP officer, then failure to divulge that information, by the definition given above must be construed as a material misrepresentation... My position stands.... Edited by zyggy, 18 October 2006 - 01:20 PM.	zyggy	Not Telling	Canada	2006-10-18 13:19:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	It's risky because one cannot enter the US on a K1 unless they fulfill the terms of the visa.. that is to be legally free to marry... If there is evidence to bring that into doubt, then the CBP cannot allow the alien to enter on the K1 unless more compelling evidence is presented to refute that position... As said previously.. it is easy to produce evidence that one is legally married.. it is difficult to prove that one has not been legally married... and if you don't have proof that you are NOT legally married.. then you go back home.... The CBP does not have to prove that you are legally married to deny entry... the alien has to prove that they are free to marry and therefore not legally married to be permitted entry... Therefore, any action that could bring into doubt that one is legally free and available to marry should be avoided at all costs. It doesn't matter if no legal marriage ever took place... if there is the appearance that one may have taken place, that's all the CBP needs to deny entry, unless one can produce irrefutable proof to the contrary. As I stated previously, that proof is impossible to get... Then get married there and apply for CR1/K3. And wait longer? There are advantages and disadvantages to any choice. It's possible that you can't have everything and will have to set some priorities. My reasoning is that any safe choice outweighs the possibility of being turned away at the POE. And my reasoning, is that you dont have to tell them at POE. To reiterate Yodrak, one can "tell" the POE agent much without uttering a word, or showing photographs. For example, a new wife, thrilled to be married in the eyes of the church replaces her name tags on her suitcases, and carry on bags to feature her new married name, wears the wedding band they picked out together, answers to Mrs. Such-and-such, by accident. Many of these things are not only possible, but quite likely, unless one is rehearsed, and rehearsing can compromise "natural behaviour". Good examples of how one can "slip up" If one feels married in their mind, that position will eventually come out.... Edited by zyggy, 18 October 2006 - 11:53 AM.	zyggy	Not Telling	Canada	2006-10-18 11:49:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	Just to let you know Ana.. witholding information that may have led a CBP officer to a different conclusion regarding your eligibility for admittance into the US is also a material misrepresentation and carries with it a permanent ban... i.e. if the officer knew about the other marriage ceremony.. they may not have let you in.. willfully witholding information regarding the prior wedding ceremoiny could be considered a material misrepresentation... Edited by zyggy, 18 October 2006 - 10:51 AM.	zyggy	Not Telling	Canada	2006-10-18 10:50:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	Then you might as well start robbing Banks, there is no problems until you get caught. What the hell do not stop there start selling drugs, murder for hire, stealing paintings, etc. Peter Maimi No, no, no... Please, chill... People please! it's like doing a farewell party!!! I do not think that NOT telling them, specially if the wedding is NOT LEGAL, is such a crime... I am sorry if I am ruffling people's feathers... I will drop this now. Ana, We are just trying to give you good advice. Do what you guys want and I personally want to wish you the best of luck. Peter Miami And realize that you may have to live with the consequences of your decision... if you're comfortable with that... well that's your business... but don't go around encouraging others...	zyggy	Not Telling	Canada	2006-10-18 10:32:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	And my reasoning is that you can still slip up somehow at some point in time...	zyggy	Not Telling	Canada	2006-10-18 09:51:00
K-1 Fiance(e) Visa Process & Procedures	legally married?	http://www.1866usvis...anceevisa.shtml first FAQ "1. Can I marry my fiancée overseas and still bring her on a K-1 visa. A: No. K-1 visas are available only to persons who are planning to be married. If the marriage occurs, you will have to file an I-130 Relative Visa petition for your spouse. The one exception to this rule is that if the marriage was religious or social ceremony only[b], and the marriage wasn't registered with the local government, a K-1 visa may be issued." seems to me like its possible. I'm not saying the consulate would like it but they don't want you to be legally married and you aren't legally married. But that doesn't mean that I recommend you show up with pics of the wedding as 'proof of engagement'. but if an american law firm who specialises in immigration seems to think its the exception then i don't see why it wouldn't be the exception. and i dont see how the POE officer would find out. i doubt any POE officers take your packet when u reach the poe and then immediately ask "did you already get married in brazil?" i'm sure they just look over the paperwork and that's all. just my thoughts.. I fully agree with this!! I am planning on doing the same thing. Many countries separate "legal" and "religious" weddings. A religious "ONLY" ceremony that has absolutely no legal standing in the country were it was performed will not impact your K1 visa. Have a wonderful ceremony and enjoy every minute if it!!! CONGRATULATIONS Then I hope you enjoy the real chance of having your fiancee get sent on the next plane back to her home country.. Oh and the additional one year wait until she gets either a K3 or a CR-1 that comes with the added expense of the extra visit that you'll have to take back to her home country to actually have a legal marriage... If you want to roll the dice .. that's your business.. but don't go around encouraging others to follow your risky behavior... Edited by zyggy, 17 October 2006 - 03:28 PM.	zyggy	Not Telling	Canada	2006-10-17 15:26:00
K-1 Fiance(e) Visa Process & Procedures	Need Information Please FAST	From the Foreign Affairs Manual (9 FAM 40.21) To render an alien ineligible under INA 212(a)(2)(A)(i)(I), the conviction must be for a statutory offense, which involves moral turpitude. The presence of moral turpitude is determined by the nature of the statutory offense for which the alien was convicted, and not by the acts underlying the conviction. Therefore, evidence relating to the underlying act, including the testimony of the applicant, is not relevant to a determination of whether the conviction involved moral turpitude except when the statute is divisible (see 9 FAM 40.21(a) N5.2) or a political offense (see 9 FAM 40.21(a) N10). The presence of moral turpitude in a statutory offense is determined according to United States law. Common Crimes Involving Moral Turpitude Categorized below are some of the more common crimes, which are considered to involve moral turpitude. b. Other crimes committed against property involving moral turpitude involve an inherently evil intent, such as the act of arson. The following list comprises crimes frequently committed against property, which may be held to involve moral turpitude for the purposes of visa issuance: (1) Arson; (2) Blackmail; (3) Burglary; (4) Embezzlement; (5) Extortion; (6) False pretenses; (7) Forgery; (8) Fraud; (9) Larceny (grand or petty); (10) Malicious destruction of property; (11) Receiving stolen goods (with guilty knowledge); (12) Robbery; (13) Theft (when it involves the intention of permanent taking); and (14) Transporting stolen property (with guilty knowledge). -AND- An immigrant alien who is ineligible under INA 212(a)(2)(A)(i)(I) is eligible to apply for a waiver of ineligibility under INA 212(h) (see also 9 FAM 40.21(a) PN2) if it is established to the satisfaction of the Secretary of Homeland Security (DHS) that: (1) The activities for which the alien is excludable occurred more than 15 years before the date of the alien?s application for visa; (2) The alien?s admission to the United States would not be contrary to the national welfare, safety, or security, and (3) The alien has been rehabilitated. Edited by zyggy, 11 May 2006 - 10:14 AM.	zyggy	Not Telling	Canada	2006-05-11 10:13:00
K-1 Fiance(e) Visa Process & Procedures	Need Information Please FAST	[quote name='mtrwinder' post='189308' date='May 11 2006, 10:32 AM'][quote name='mtrwinder' post='189295' date='May 11 2006, 09:23 AM'] [quote name='zyggy' post='189282' date='May 11 2006, 09:19 AM'] [quote name='rebeccajo' post='189275' date='May 11 2006, 10:16 AM'] You need to read the Waivers forum. You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.[/quote] Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa. [/quote] If he's denied will he be able to use a visa waiver to visit? [/quote] what if he doesnt go to the interview until he gets this cleared up. Will he be able to use a visa waiver? We're talking 19 years ago. Surely this should have been dropped from his record. I cant believe this is happening. [quote name='zyggy' post='189304' date='May 11 2006, 09:28 AM'][quote name='mtrwinder' post='189295' date='May 11 2006, 10:23 AM'] [quote name='zyggy' post='189282' date='May 11 2006, 09:19 AM'] [quote name='rebeccajo' post='189275' date='May 11 2006, 10:16 AM'] You need to read the Waivers forum. You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day.[/quote] Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa. [/quote] If he's denied will he be able to use a visa waiver to visit? [/quote] If I were you, I would find out if it was a juvenile crime, and if so if it was supposed to be expunged from his record when he reached the age of majority... The court documents should be able to tell you that. If it was supposed to be expunged, then you need to take the steps to make that happen.. Nope... He's inadmissible.... Individuals with Crime of Moral Turpitude are ineligible for WVP as they are inadmissible... now that he's been found out, VWP is not available to him... He would need to get a visitor visa and would still need the I-601 to get that. [/quote] He wasnt a juvenile. [quote name='mtrwinder' post='189270' date='May 11 2006, 09:13 AM']I need every possible link and answer available for the following problem - Interview date is in two weeks. Fiance got police record today with theft conviction from 19 years ago. He needs court records we know so we're going to get those. (hopefully wont take long) There are no other convictions on record. Does anyone know if he will be denied based on this conviction? No he didnt hurt anyone..he was just a kid. Total amount stole was close to a thousand pounds. He is absolutely freaking out because he thought this might have dropped off his record LONG ago but obviously hasnt. Please help me find some kind of informatin that will ease his mind. I personally think that its ok. Thanks so much in advance.[/quote] Ok. What a bomb. Can the waiver be filed before going to the interview? What should we do now. [/quote] The I-601 cannot be filed before the interview. You have to go to the interview, give them everything and be rejected. Once they deny the visa, you can file the waiver. Go to the I-601 Forum and get the waiver prepared before you go to the interview. Generally felony convictions are on your record for life... They aren't expunged.. Edited by zyggy, 11 May 2006 - 10:02 AM.	zyggy	Not Telling	Canada	2006-05-11 09:59:00
K-1 Fiance(e) Visa Process & Procedures	Need Information Please FAST	You need to read the Waivers forum. You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day. Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa. If he's denied will he be able to use a visa waiver to visit? If I were you, I would find out if it was a juvenile crime, and if so if it was supposed to be expunged from his record when he reached the age of majority... The court documents should be able to tell you that. If it was supposed to be expunged, then you need to take the steps to make that happen.. Nope... He's inadmissible.... Individuals with Crime of Moral Turpitude are ineligible for WVP as they are inadmissible... now that he's been found out, VWP is not available to him... He would need to get a visitor visa and would still need the I-601 to get that. Edited by zyggy, 11 May 2006 - 09:32 AM.	zyggy	Not Telling	Canada	2006-05-11 09:28:00
K-1 Fiance(e) Visa Process & Procedures	Need Information Please FAST	You need to read the Waivers forum. You and your fiance will need to file a waiver on the day of his interview. He will not be approved that day. Was the theft done while he was a juvenile.. if so, a waiver may not be needed. If it was done as an adult, a theft is a crime of moral turpitude and will render him inadmissible. A I-601 waiver will need to be filed at the consulate and approved by USCIS before he will be able to get the visa. Edited by zyggy, 11 May 2006 - 09:19 AM.	zyggy	Not Telling	Canada	2006-05-11 09:19:00
K-1 Fiance(e) Visa Process & Procedures	Hawaii honeymoon?	We went to Maui for our honeymoon! It was lovely! It IS one of the 50 states...	zyggy	Not Telling	Canada	2006-04-06 13:16:00
K-1 Fiance(e) Visa Process & Procedures	Doesnt know her dad's birthday	If you have proof that she's come to the US to see you for a week that's plenty of evidence that you've met... you don't need any proof that you travelled to her country, just that the two of you met up face-to-face somewhere in the world. Any ATM receipts, bank or credit card statement showing cash withdrawls or transactions in either the US or Canada... That also serves as good evidence that you have been in each other's presence in the last 2 years.. Agree that father's birthday should be on long-form BC... It will be required for the Embassy stage anyways, so you might as well get it.. Edited by zyggy, 16 May 2006 - 02:04 PM.	zyggy	Not Telling	Canada	2006-05-16 14:03:00
K-1 Fiance(e) Visa Process & Procedures	I need your help! Paper from Chinese Police	Try going through your Embassy in China to get a statement. Also, post a question asking how Chinese Nationals from Mainland China get a police report for a K-Visa. The US Embassy requires it of most places. Possibly, go through the US Embassy in China or have your USC Petitioner go through the US Embassy in China for you. It says it's available on the State Dept site.. if the State Dept states it is available, then it will be required... Generally available, reliable. Persons should apply for a certificate of no criminal record at the local Public Security Bureau (PSB) (or certain types of employers such as state owned enterprises), then make application to the notary office for a certificate based on the PSB document. Persons without a criminal record will be able to obtain a certificate to that effect. Certificates for individuals with one or more criminal convictions will list all convictions for which records still exist. The certificates purport to reflect all criminal convictions during residence in China. Police records are generally not available for the period prior to 1949. Notarial police certificates are based in part upon records from an individual's employer. If an employer refuses to release records, the notarial office is not able to issue a certificate. This is the case for persons sent abroad for education by the Chinese Government who fail to return to China.	zyggy	Not Telling	Canada	2006-05-16 14:07:00
K-1 Fiance(e) Visa Process & Procedures	Any In Person Meetings Visa Hold-Ups?	I sent my I-129F to CSC on 3/24, got the NOA1 back on 3/29, with a 3/26 date. I met my fiance in person, and I was just wondering if anyone has been held up who stated that they met in person, or if the hold-up that people have been getting has only been for those who met online. It appears at this point in time that they are doing checks on everyone no matter the circumstances upon which they met...	zyggy	Not Telling	Canada	2006-05-17 15:29:00
K-1 Fiance(e) Visa Process & Procedures	How to mail important papers overseas?	Make copies of everything before sending and then use Fed Ex or DHL. I personally would not use USPS. You can black out any personal information - definitely your ssn, account numbers, etc. You are only trying to prove your income - don't give them personal information on your accounts. Agree with others.. FedEx, DHL or UPS..	zyggy	Not Telling	Canada	2006-05-18 07:25:00
K-1 Fiance(e) Visa Process & Procedures	Fiance thinking of moving to a different city	Hi everyone, Just wondering how this would affect our application: We are currently awaiting our NOA2 (arriving possibly some time next month), and my fiance is thinking of moving from Reno, Nevada to Las Vegas, Nevada. On the I129 form, I had written down that I'll be living at the Reno address when I move to the States. How will this affect our application? If my fiance does decide to move, who should we notify (CSC/NVC/Consulate?) and when should we notify them (before/after receiving the NOA2)? Anyone out there gone through something like this? Thanks. -ajmc You can tell them at your consulate interview...	zyggy	Not Telling	Canada	2006-05-22 12:31:00
K-1 Fiance(e) Visa Process & Procedures	under B-2 visa - filing fiance visa or adjusting status	they'll most likely cancel your tourist visa when they get the application for the K1 because you can only have one visa at a time. I have a B2 visa and that has not been cancelled, so no I do not think your visa will be revoked. Janice You can only have 1 visa at a time... the B visa will be cancelled once the K visa is issued.. You can continue to use the B visa until that point. But know that your entry to the US is at the discretion of the officer. The existance of a K visa petition puts the USCIS on notice of your intent to immigrate to the US in the future. You may be asked to prove your intent at the time of that entry and could be refused entry at that time. However, please know that it is considered visa fraud to adjust your status if you have immigrant intent at the time of your entry. If you are planning on continuing to come back to the US and travelling back and forth, you should apply for the fiancee visa.	zyggy	Not Telling	Canada	2006-05-23 11:10:00
K-1 Fiance(e) Visa Process & Procedures	IMBRA?	I didn´t read it clearly stating there will be a new I-129F. Did I miss something? You have to read through the bureaucracy speak to get that ACTION: Request OMB approval: 1615-0001, Petition for Alien Fianc[eacute](e). To get OMB Approval is to get approval to put out a new form... THe normally put out a new form immediately after the public comment period has ended. FOr instance they public comment period for the new I-485 started on January 23, 2006, ended on March 25, 2006 and a new I-485 was out on April 1, 2006. Things might be delayed due to them adding things to the Form due to the IMBRA... It's not their fault.. the IMBRA went down in January with it going into effect in March. Not much time to get things in motion. Blame Congress for making the effective date so fast...	zyggy	Not Telling	Canada	2006-05-23 12:12:00
K-1 Fiance(e) Visa Process & Procedures	IMBRA?	I didn´t read it clearly stating there will be a new I-129F. Did I miss something? You have to read through the bureaucracy speak to get that ACTION: Request OMB approval: 1615-0001, Petition for Alien Fianc[eacute](e). To get OMB Approval is to get approval to put out a new form...	zyggy	Not Telling	Canada	2006-05-23 12:06:00
K-1 Fiance(e) Visa Process & Procedures	IMBRA?	We´re not sure yet, we´ll have to wait for further news from DHS or USCIS. They just finished a 60 day Notice of Review for a new I-129F. Expect a new form in the next 30 to 60 days..	zyggy	Not Telling	Canada	2006-05-23 11:06:00
K-1 Fiance(e) Visa Process & Procedures	ANYBODY HAD TO PAY 450 $ FOR ONE MEDICAL???	See if you can find a different designated physician. They all seem to charge different fees and you may find one a bit further away who charges less. I know I ended up paying around $350 Cdn for my medical because I couldn't travel the distance to the next closest one who charged less. thanx for ur advice kathryn, i wish i could, but swiss got only 4 of them... i will try to call them.. but no much hope, guess they know eachother and have same price.. too bad it might be not possible to do it in germany where they are alot cheaper.... or maybe it is a possibility? The MRV fee is $100 per visa...	zyggy	Not Telling	Canada	2006-05-22 12:29:00
K-1 Fiance(e) Visa Process & Procedures	degree of relationship	Hi, I am not sure whether or not to list degree of relationship on question #17 since we are not that closely related. After some research it does appear that are both 3rd cousins(we have a common great great grandfather). Originally I thought we were 5th cousins and was not going to list it. The only worry I have of not listing is because she visited me in the past on a visa waiver and listed she was staying with me and she listed me as a cousin. Also, she listed me as a cousin on a visa application. I am worried if we say we are not related it might cause some problems. Also if I do say we are related, do you think it will have any bearing whatsoever on the decision of the petition. I figure it might have some bearing since they ask it in the first place. Thanks for any input you might have. I am starting the process of gathering all the information for the petition and just want to make sure I do everything correctly. Any info will be greatly appreciated. thanks Well, this is solely my opinion -- but if I were you, I'd write down 4th cousins. You have to write it since she listed you as her cousin a bunch of places, but 4th cousin is a distant blood relationship and I doubt anyone will pursue it and make sure you aren't actually 3rd cousins or Fourth Cousins once Removed. Good luck! A 3rd Cousin Once Removed would be your relationship with your parent's 3rd Cousin. 3rd Cousin Twice Removed with your Grandparent's 3rd Cousin, etc. Edited by zyggy, 24 May 2006 - 08:27 AM.	zyggy	Not Telling	Canada	2006-05-24 08:26:00
K-1 Fiance(e) Visa Process & Procedures	degree of relationship	Hi, I am not sure whether or not to list degree of relationship on question #17 since we are not that closely related. After some research it does appear that are both 3rd cousins(we have a common great great grandfather). Originally I thought we were 5th cousins and was not going to list it. The only worry I have of not listing is because she visited me in the past on a visa waiver and listed she was staying with me and she listed me as a cousin. Also, she listed me as a cousin on a visa application. I am worried if we say we are not related it might cause some problems. Also if I do say we are related, do you think it will have any bearing whatsoever on the decision of the petition. I figure it might have some bearing since they ask it in the first place. Thanks for any input you might have. I am starting the process of gathering all the information for the petition and just want to make sure I do everything correctly. Any info will be greatly appreciated. thanks i just asked the expert here where i work, she said great great grandfather as the common relative is 4th cousin. regarding why that question is there, i suppose it is so they can make sure someone is not marrying their first cousin. i don't think being 4th cousin falls under the heading of close relative. hopefully aussiewench will spot this thread and weigh in, she's a gold mine of information. Actually the OP was correct, it is a 3rd cousin relationship Common Grandparents = 1st Cousin Common Great-Grandparents = 2nd Cousin Common Great-Great- Grandparents = 3rd Cousin I don't think a 3rd Cousin relationship would raise many eyebrows at the CO in terms of illegality. However, it may bring greater scrutiny on the validity of your relationship due to the problem that people have been using sham marriages to their relatives to get them into the US. In any case, you should disclose it, it could come back to bite you if you did not...	zyggy	Not Telling	Canada	2006-05-24 08:23:00