Forum	Title	Content	Member	Sex	Country	Date/Time
K-1 Fiance(e) Visa Process & Procedures	Can my fiance enter the US if his fiance visa is being processed?	Hey guys, My fiance is planning to send our case to CSC today, and I have made a plan to visit her in California in a week, staying for 10 days. Do you think this will be an issue? I doubt that any information will even have been processed at CSC by then. My main concern is what I should say when asked who I am visiting, should I say 'friends', 'girlfriend' or 'fiance'? Any information would be great, Thanks, Buffertortoise When asked a direct question, give a direct and completely honest answer... If she is your fiancee.. then state so...	zyggy	Not Telling	Canada	2007-02-02 13:56:00
K-1 Fiance(e) Visa Process & Procedures	Can my fiance enter the US if his fiance visa is being processed?	Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed? If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be. What to do, what to do . . . . And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process. You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships? No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot. If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO? I'm afriad not.. the system is set up so that those who are not permitted to enter the US by law.. are not allowed in.. Individuals who have immigrant intent are inadmissible... someone who is a fiancee of a USC has a stronger claim of immigrant intent if you withold information that may make a difference in an officer's mind on whether or not your fiancee is inadmissible, the penalty is a permanent ban on entering the US... try that on for size.. FOr instance.. if a CBP Officer ask's who you're visiting... tell them who it is... if they ask what the relationship of that person is to you... then you better come clean.. Calling a fiancee a friend is a material misrepresentation... Here's where I still think you're wrong - first and foremost, saying that anyone "deserves" any of the raw deals regularly dealt by ICE is just plain mean and belies the reality of a system that ensnares and punishes honest people more often than it protects the public or defeats attempts at terrorism, etc. Second, regardless of the reality, the LAW is based on intent. Actual intent. Not perceived. The problem lies in the kind of evidence people are able to offer. But if you can prove no intent to stay in the country, you should be let in, period. Just because it *seems* like someone might stay - well ,tough ######. Prove they will. The system runs counter to everything we know about human nature and psychology and is designed to yield damning information from the people LEAST LIKELY to fraudulently stay in the country. Incorrect... the law presumes that the intent is there unless you can present evidence satisfactory to the officer to the contrary... See INA 214 B THe only individuals who have an unequivical right to enter the US are US CItizens... all others are admitted in accordance with the INA at the discretion of the CBP... Edited by zyggy, 02 February 2007 - 01:07 PM.	zyggy	Not Telling	Canada	2007-02-02 13:04:00
K-1 Fiance(e) Visa Process & Procedures	Can my fiance enter the US if his fiance visa is being processed?	Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed? If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be. What to do, what to do . . . . And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process. You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships? No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot. If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO? I'm afriad not.. the system is set up so that those who are not permitted to enter the US by law.. are not allowed in.. Individuals who have immigrant intent are inadmissible... someone who is a fiancee of a USC has a stronger claim of immigrant intent if you withold information that may make a difference in an officer's mind on whether or not your fiancee is inadmissible, the penalty is a permanent ban on entering the US... try that on for size.. FOr instance.. if a CBP Officer ask's who you're visiting... tell them who it is... if they ask what the relationship of that person is to you... then you better come clean.. Calling a fiancee a friend is a material misrepresentation... Edited by zyggy, 02 February 2007 - 12:43 PM.	zyggy	Not Telling	Canada	2007-02-02 12:40:00
K-1 Fiance(e) Visa Process & Procedures	K1 POE - which line for immigration clearance?	I know this gets asked here a lot, but the search feature appears to be offline or something! I swear I spent at LEAST 15 seconds looking for the answer to this question. So anyway. My fiance is coming on his K1 through POE Chicago tomorrow (yay!). When he goes through passport control, can he go in the US citizens / greencard holders lines, or should he stick to the "everyone else" lines? Thanks! ETA: I mean, logically you'd think it's obvious he should go in the foreigners line, but I'm sure people on here have reported getting through in the citizens line and, well, I just kinda wondered. And stuff. He goes in the everyone else line... unless the CBP person there tells you that you can go in the citizen line... Edited by zyggy, 26 February 2007 - 01:28 PM.	zyggy	Not Telling	Canada	2007-02-26 13:27:00
K-1 Fiance(e) Visa Process & Procedures	Need help understanding K1 post-marriage forms & procedures	My K1 fiancé and I were married one week ago. An additional complication in our case (admittedly not uncommon) is that she has a son still in her home country of Russia. We intend to bring him here this year, preferably by June. That will involve her traveling back to Russia, to help him with the process. (He's just 16.) Another more immediate issue is that we want to travel outside the U.S. in a few weeks, for a brief vacation. I haven't yet filed any forms since the K1 process. So, from all that, here are my questions: 1. Name change. If she will take my last name (replacing a last name from a former marriage in Russia), at what level and with what form is that done? Is it part of the SS# filing process, or must it precende that? And most importantly: Does that need to be done BEFORE any other forms are submitted, so as to implement her new married name consistently on everything that follows the K1? 2. Form 131. I assume from what I've read that this reentry permit process is required for ANY travel outside the U.S., not just travel back to the home country. We want to go to Dominican Republic in the 2nd week of March, which is only about 2 weeks from now. Is it feasible to accomplish this in such a short time? How? 3. K2 visa for her son. I have been informed by the U.S. Consulate in Moscow, about what documents will be needed for her son. However they haven't made it clear what sort of timeline to expect. Specifically, the time between request for an interview for her son, granting of the interview date, and how long after the interview will he actually be able to travel. My great appreciation for any help you can provide! 1) There is no process for a name change... when she got married to you, she can opt to take your name by convention. If she wants to be known by your last name, then she should file all paperwork with USCIS with the new last name... you don't need to wait to do anything else 2) No chance on you getting AP in so short a time period for just a trip... Remember, lack of prior planning on your part does not make an emergency on the USCIS's part.. 3) Expect an interview timeline about the same as for your fiancee from between the time the checklist was returned to the time the interview was granted. It's the same process for a K2 as it is for a K1. Edited by zyggy, 26 February 2007 - 01:26 PM.	zyggy	Not Telling	Canada	2007-02-26 13:25:00
K-1 Fiance(e) Visa Process & Procedures	freelance worker query	With this you are getting into a gray area, but in this case you would probably be considered self-employed and subject to the same rules as an employer, except you're the employer... Also, how would you rectify receiving foreign source earned income in the UK after you have domiciled yourself in the US... According to the US/UK tax treaty, the UK is not eligible to tax you on the income, only the US is... Edited by zyggy, 27 February 2007 - 12:04 PM.	zyggy	Not Telling	Canada	2007-02-27 12:02:00
K-1 Fiance(e) Visa Process & Procedures	Work visa during K1 process?	Someone at the USCIS just told him it would be okay to enter on an L1 and get married. I haven't seen the application for it, myself. I think the potential employer mentioned another H class visa, though - an H2, perhaps? For now, I think I will set aside the I-129F paperwork until we can get some clearer information about all this. I wish the USCIS website was more user-friendly, though. ARGH! There is a reason why the 1-800 number is known in the immigration community as the misinformation line... do not take their word for it... the Supreme Court has ruled that they aren't bound by what they tell you either... This is what I do know.. and I was an INS immigration inspector for many years... You are not eligible for any work visa other than a H1B if you have any immigrant intent... The Visa application asks if the applicant (that is the alien) has a fiancee relationship with a USC... you must answer truthfully... if you do answer truthfully, the visa will be denied and all that money the employer will have spent on you is down the drain... If you answer untruthfully and you subsequently get married and adjust... be prepared to answer for the answer that you gave on the visa application...If you misrepresneted yourself on the visa application, you will be removed from the US and you will have a permanent ban on entering the US... Don't be short sighted on this... look for the long term and you will be rewarded... Edited by zyggy, 01 March 2007 - 05:01 PM.	zyggy	Not Telling	Canada	2007-03-01 17:00:00
K-1 Fiance(e) Visa Process & Procedures	Work visa during K1 process?	But then his current entry on a tourist visa would be considered fraudulent - we would have to prove that we somehow just met and decided to marry, when we've both got the passport stamps and a good paper trail proving that we already know each other. At this point, I'm holding off on filing the I-129F petition packet until we can figure out this L1 vs. H1B work visa stuff. The USCIS just told him he can come over here on a work visa (either one of these) and we could legally marry without problem. But on the other hand, as soon as I get the K1 process rolling, then he wouldn't be able to get an L1 or and H1B. So for now, the K1 is on the back burner. Not exactly... to get an L1 visa, you would have to prove that you had no immigrant intent as this is a non-immigrant visa. Since the visa application asks if the applicant has a fiancee relationship with a USC, I don't think that is going to work.. the odds are that you would be denied if the applicant divulged the relationship and that you would be found guilty of fraud if you didn't declare it... THe H1B is a dual intent visa, so you can have immigrant intent with it.. however, there are caps on the number that can be issued and it has already been exceeded for this year. Apploications for 2008 H1Bs will not be taken until April 1, 2007 and cannot be issued before October 1, 2007. However, due to the amount of work required of attorneys to process the H1B paperwork, most attorneys will not take your case at this time without a significant markup in fees... The majority of attorneys require the paperwork from the employer before January 1. Edited by zyggy, 01 March 2007 - 03:33 PM.	zyggy	Not Telling	Canada	2007-03-01 15:28:00
K-1 Fiance(e) Visa Process & Procedures	Work visa during K1 process?	Yes.. but you should be pretty open and honest about the fact that you will be eligible to work in the US eventually based on your spousal relationship to a US citizen. They may be wilkling to wait for you and save the many thousands of dollars to give you an H1B as well as using your spot for another H1B... In addition, even if you did get an H1B, you would not be eligible for it until October 1 at the earlest as this year's quota for H1B's is already filled.....	zyggy	Not Telling	Canada	2007-03-01 14:26:00
K-1 Fiance(e) Visa Process & Procedures	Self employment + tax return?	I don't believe you need tax returns for the K1 process (at least not until the AOS paperwork later). Check out the I-134 form - it doesnt' ask for tax returns. The I-184 does - but that's later. From the I-134 (II.C in instructions): "if self-employed: I have attached a copy of my last income tax return or report of commmercial rating concern" I'm a little lost, what's the I-184? Also - Do you have tax returns from last year? You say you haven't worked in a "few months" but that leaves a lot of other months to file on for 2006. And you'll need to file a 1099 for your indy work for the next year, etc. Independent contractor work is just as legit as anything where you'd get a W-2, so I guess I can't figure out what exactl you're worried about not having. Yes, but I worked as an independent contractor for the first half of the year, left that job to travel & get a bit more school under my belt, then worked odd jobs under the table (primarily landscaping on some property my folks own). So my last 1099 is rather puny... Thanks for helping me muddle through this, Jon An example of a commercial rating concern would be Dunn and Bradstreet...	zyggy	Not Telling	Canada	2007-03-07 15:34:00
K-1 Fiance(e) Visa Process & Procedures	Engaged to a Canadian - what are the options?	In the world of immigration, you cannot get everything that you want... there are set rules and you have to live within them... they don't leave a lot for flexibility.. there are always trade-offs based on what your priorities are... Once you become a PR, the expectation is that you will live permanently in the US... no jumping back and forth between countires... if you do this, you run the risk of an abandonment determination... The only way to get full flexibility is when you both are dual citizens... 1) A K1 appears to be out of the question for you due to your timeline 2) It looks like you're left with a K3 or stick around for a CR-1 visa... 3) Your ability to visit the US during the processing of the visa could be limited due to the immigrant intent provisions of the INA... i.e. not permitted to enter the US... Take a look at the guides and read around... ask questions when necessary... Edited by zyggy, 09 January 2007 - 03:41 PM.	zyggy	Not Telling	Canada	2007-01-09 15:38:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	Isn't there a box on the Federal 1040 that asks if you're being someone else is claiming you as a dependent on your tax returns? If your boyfriend is, as the original poster has stated, how is this being done? They're not married. She's not receiving full-time medical care. She's not under the age of 18. How? I am very curious. If the original poster has to submit her previous tax returns as required for a K-1 petitiion, it's going to say the person who the person is that has claimed her on their taxes. Am I right? Or have I missed something? Read the rules regarding Qualifying Relative in Publication 17... There are four tests that must be met for a person to be your qualifying relative. The four tests are: Not a qualifying child test, Member of household or relationship test, Gross income test, and Support test. The top one is self explanatory... Member of Household or Relationship Test To meet this test, a person must either: Live with you all year as a member of your household, or Be related to you in one of the ways listed under Relatives who do not have to live with you. Gross Income Test To meet this test, a person's gross income for the year must be less than $3,300. Support Test (To Be a Qualifying Relative) To meet this test, you generally must provide more than half of a person's total support during the calendar year. If someone meet the above 4 rules, then they can be calimed as a dependent on a tax return... i.e. if a friend of mine was not married, and lost their job.. if I took them in, they made less than $3,300, and lived in my home for the entire year, I could claim them as a dependent on my return... you could do this for ANYONE.. man, woman or child... so claiming a person as a qualifying relative on a 1040 does not in itself establish a marital relationship... Edited by zyggy, 26 March 2007 - 09:37 AM.	zyggy	Not Telling	Canada	2007-03-26 09:35:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	Since you are from Pennsylvania, if your current living arrangement was established before Jan 05, you ARE married. In terms of immigration, the key here is whether the arrangement between the US boyfriend and petitioner is considered a common law union- in my layman view I want to say it is, because of the boyfriend being able to claim her on his taxes as co- dependent I dare say, with how extensive the checks are, the petitioners name might pop up in relation to the boyfriend even if his name isn't mentioned anywhere in the K1 petition- just beause she is on his tax returns.... I would seek advice from a good lawyer on this.... common law union with the boyfriend makes this immigration fraud, if it is recognized as such- but that's it Claiming someone as a Qualifying Relative in terms of US tax law is not the same as treating or declaring someone as their wife... Being a Qualifying Relative does not imply a spousal relationship... filing as married does... If the former were the case, then there would be a whole bunch of common-law unions... Edited by zyggy, 26 March 2007 - 08:49 AM.	zyggy	Not Telling	Canada	2007-03-26 08:47:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	And then there's that pesky Question #14 on Page 3 of Form I-485................. hallelujah Not exactly... what appears to be and what has been established to be are two different things in law... Attorneys are trained to distinguish between the two and that why a consultation is in order...	zyggy	Not Telling	Canada	2007-03-26 08:44:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	Since you are from Pennsylvania, if your current living arrangement was established before Jan 05, you ARE married. Not exactly... there are a lot of other things that have to be involved other than merely living with each other... evidence that they were presenting themselves as husband and wife.... (filing joint tax returns, etc..)	zyggy	Not Telling	Canada	2007-03-26 08:39:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	Like I said in an earlier thread, there's no law saying that it has to be a happy or non-deluded marriage. And that goes for monogamous and faithful, too. But that said... I sorta suspect we're being trolled, but on the assumption that we're not: having a live-in boyfriend is going to create a huge presumption that your foreign fiancé is just marrying you for a greencard, and you're obliging. You may be wholly dedicated to both men, but USCIS is unlikely to see it that way. Using your American boyfriend as a household reference is not wise, and I'm a little worried that he's claiming you as a dependent on taxes (I'm trying to figure out how he's doing that exactly, without you being a spouse.) and what that might entail for your common-law status. Well.. he can claim her on his US taxes if he provides more than half of her support, she has lived in his residence for the entire year and she makes less than the minimum required to file a US Tax return... I also agree that there is the possiblity of having a different perpectives on how the situation may look.. Caladon had provided you with one perspective on how a USCIS adjudicator may see the relationship... there may be others... THis is a good case for an immigration attorney to look at to see if there may be other pitfalls involved with your specific situation...	zyggy	Not Telling	Canada	2007-03-26 08:37:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	Hi, my name is Angelique and I have been in a polyamorous relationship for 2 years and counting. For those who don't know what that means...welll, you won't be able to help me with my question anyway, but it means I love more than one person. My first love has been with me for 8 years and we met in high school. My legal issue comes with my second love as he was born and raised in New Zealand where he currently still resides. I am planning to obtain a K-1 visa for him so he can immigrate to this country and we can marry so that he can live here legally with me and my boyfriend. As the U.S. petitioner I need to make 125% above the poverty line to sponsor him. I am a full time grad student so I need a joint sponsor. Either of my parents could qualify for this but I think my boyfriend would be the best choice as I am a dependent on his taxes and live soley with him. I suppose my question boils down to if anyone can tell me about similar stories they've heard. point me in a helpful direction or any other help anyone has. Thank you much. P.S. if you don't agree with my lifestyle please don't post it here as it's just not helpful (sorry bad experiences) I dont agree with your lifestyle and I'm going to post anyway. The USCIS takes the position that even a person who has practiced polygamy in the past is barred from establishing good moral character. That statement comes from the 4th edition of the Citizenship and Naturalization Guide and pretty much the thought process of mainstream America. Sort yourself out and please dont take up precious bonafide relationship space. Ok, so he doesn't become a US Citizen then... that still doesn't bar the legal standing of the peition...	zyggy	Not Telling	Canada	2007-03-26 08:26:00
K-1 Fiance(e) Visa Process & Procedures	Polyamory and K-1 visas	Correct.. the INA only defines fraud as establishing the relationship for the sole purpose of obtaining an immigration benefit.. I also don't see that here... she is obtaining the benefit for a lawful purpose, to bring a person to the US to be her spouse... it doesn't matter if she has another love on the side (I don't see how that is that much different than a cheating spouse with the wife tolerating it either)... all that matter is that she entered the marriage with a purpose other than circumventing the INA... File the I-129F, and use who ever you feel you want to be the joint sponsir.. if that person is her other love... then that is okay (although that may raise questions)... the only rule is that the individual is a USC and has sufficient income...	zyggy	Not Telling	Canada	2007-03-26 08:23:00
K-1 Fiance(e) Visa Process & Procedures	VWP Enrty Denial	I was denied entry to the US, in, US immigration Dublin, and sent home. I would not advise anyone to travel through Dublin. I have been reading, that if you have been denied entry, it may take a further 12 weeks after the interview for them to investigate the nature of the refusal. The officer did give me a sheet of paper with a code on it section 212(a) (7) It may help to move things along, i don't know? I had never overstayed my visa or done anything wrong, they just thought i was spending too much time there and not enough in the UK. If you get a reusal of entry, you loose your right to use the VWP again and it is virtually impossible to get a B1, then too. Has anyone out there been in the same situation as me, and if so, can they tell me if we have a very long wait ahead. Our application is in the NVC now. Cheers. INA 212 a 7 is the portion of the INA that states that they believe that you have immigrant intent and therefore could not enter the US without an immigrant visa... there is no inadmissibility associated with it and therefore no waiver required... just your right to enter the US on VWP has been revoked... The K-1 takes care of that... it should not result in any delay in getting a K-1 since that is the purpose of it... be sure that you declare your denial on the DS-156.. Edited by zyggy, 29 March 2007 - 12:05 PM.	zyggy	Not Telling	Canada	2007-03-29 12:03:00
K-1 Fiance(e) Visa Process & Procedures	Home Residency Restriction	That's right.. the USCIS has no problem with it... they'll be more than happy to approve your petition... However, the State Department at the colnsulate cannot by law issue your fiancee a K-visa until the HRR has either been waived by the State Department or has been completed.	zyggy	Not Telling	Canada	2007-04-05 07:36:00
K-1 Fiance(e) Visa Process & Procedures	Former K1 fiancées that didn’t marry my groom and left US.	Be careful..... do not express your opinions in this here or you will get whiplash. I did Thanks 4 your answers! I talked to him and figured that he has filed the particular K1 for one fiance, the second one was just someone who got to US with a J1 visa (work) that he didn't file, someone else. After he married her, he filed for green card for her, but she didn't get it and flew home. Does it count? Should I mention the second one in that paragraph? As I understood earlier from Gwen666, it makes a big difference whether he filed for 1, or 2 K1's. Thanks in advance! Gee, sounds like he got married to someone for the express purpose of engaging in immigration fraud... I don't know about you, but your fiancee has some explaining to do... and to show the INS that this isn't his intention for you as well... I don't care what everyone else thinks... I've been around this board and with immigration long enough to have grown a thick skin...	zyggy	Not Telling	Canada	2007-02-26 13:53:00
K-1 Fiance(e) Visa Process & Procedures	Former K1 fiancées that didn’t marry my groom and left US.	Thanks 4 your answers! I talked to him and figured that he has filed the particular K1 for one fiance, the second one was just someone who got to US with a J1 visa (work) that he didn't file, someone else. After he married her, he filed for green card for her, but she didn't get it and flew home. Does it count? Should I mention the second one in that paragraph? As I understood earlier from Gwen666, it makes a big difference whether he filed for 1, or 2 K1's. Thanks in advance! Gee, sounds like he got married to someone for the express purpose of engaging in immigration fraud... I don't know about you, but your fiancee has some explaining to do... and to show the INS that this isn't his intention for you as well...	zyggy	Not Telling	Canada	2007-02-26 13:34:00
K-1 Fiance(e) Visa Process & Procedures	I'm a Canadian Citizen and he's a U.S. Citizen currently in Prison	Thank you for all your responses. If we go ahead and get married, I have no problem staying, working and living in Canada. I don't have a problem filing the paperwork until after he get's home. I just don't want to have any problems crossing the border which i do regularly since I live on a border city. Plus it's the only means for me to be able to travel and see him once a month. Is there a significant difference if we waited until he was home to apply for the K3 visa?? Is the process longer/harder?? I don't know what IMBRA is and i've been looking at so many different visas. If someone could break it down to me so i can understand what it means?? Would I even have to consider this visa?? Wouldn't we be able to just file a K3/CR1??? Or am i completely out on left field with what i'm looking at?? Also, if we were to go ahead and get married while he's there, would I have to change my name in Canada?? If anyone knows of any good immigration lawyers for this kinda of situation can you please leave me a private message with a number. One that doesn't cost an arm and a leg. We have been through so much already, and i know we still have a journey ahead, I just want to make sure that i'm walking the right path to get things in motion before he comes home. Google is your friend... Go to our IMBRA Forum or look up IMBRA and Immigration on Google...	zyggy	Not Telling	Canada	2007-04-18 08:56:00
K-1 Fiance(e) Visa Process & Procedures	I'm a Canadian Citizen and he's a U.S. Citizen currently in Prison	Proxy marriage is not permitted in any state of the union...	zyggy	Not Telling	Canada	2007-04-18 08:54:00
K-1 Fiance(e) Visa Process & Procedures	Convalidation (chruch blessing) in Ireland?	So last year my wife and I went through the K-1 nightmare, finally got our K-1 visa last year and had our 90 second civil wedding ceremony in the courthouse in New York. However, now we're planning to have a church ceremony with family, friends, the whole deal in Ireland where her family is. The plan is to just have a convalidation of the marriage or "church blessing" since we are already civilly married. However the parish priest insists that we go through all the diocese paperwork necessary for a first time marriage. We have no problem doing this, however, I believe I read somewhere (maybe on this forum) that a church ceremony in Ireland is considered legally binding and would be considered being married twice. Does anyone know if this is really the case? And if it is, what are the consequences of us doing this? Our original plan was to just have a church blessing of the wedding with no paperwork filed, but the parish priest has said he will not allow the ceremony if we do not file the papers. Hi, I am doing exactly the same thing. My husband and I had a civil ceremony in Virginia, USA just over a year ago but we are having a convalidation in Ireland this August. I don't think it is the case that you will be married twice. You are already married all you are doing by having the catholic ceremony is taking the sacriment of marriage and to do that you will need to give your priest a certified copy of your original marriage certificate and fill out some additional paperwork with him. You do not register your marriage as a civil cermony as you already had one of those...you will need to register it with the catholic church in the same way that they they registered your baptisim and Communion etc. The priest (when you meet with him) will have you both fill out a pro nuptia agreement...which is a simple form to say that you both enter catholic marriage freely. He'll ask a few questions about how you met, how long you have been married etc etc. Nothing too scary. That is then filed with the catholic church and only ever sees the light of day if you want to get an annulment. He won't let you marry unless you fill them out. Its qucik and easy and nothing to worry about Good luck with the service. Mine is in 7 weeks time!!!!! Ours went exactly like this as well. We had to fill out all of the Church's paperwork in regards to the sacrament. They actually had a separate form for a convalidation vs. a normal civil/religious marriage. We just gave him a copy of our marriage certificate to take care of the civil aspects to keep for their files. Edited by zyggy, 18 June 2007 - 09:42 AM.	zyggy	Not Telling	Canada	2007-06-18 09:40:00
K-1 Fiance(e) Visa Process & Procedures	2 year restriction	I don't know diddly squat about how the HRR must be 'served', or the grant of multiple visas when an HRR needs satisfied, but I do know this.... A K visa is also a non-immigrant visa. Don't know if this throws a monkey wrench into things by further confusing the issue. Rebeccajo, The K visa a non-immigrant visa, but it does have the "immigrant" intent attached to it. (There are gray areas that I don't think USCIS anticipated and will eventually address by ammending the K 1 visa specifications or at least clarifying them somewhat.) I think with this type of thing a 2 year HRR, it is considered an obligation that must first be fulfilled before this visa would be granted. Just as it is a K-1 requirement that you be free to marry a the time the petition is made, you must also be free to emigrate. The point of my post was to remind all that a K visa is classified as non-immigrant. I disagree that the K visa has immigrant intent attached to it. At least procedurally. If USCIS perceived immigrant intent then AOS would be automatic upon the satisfaction of the visa (although my understanding is when the K1 was originally conceived, AOS was nearly an automatic grant). I believe the only thing INS didn't anticipate when they created the K visas was for the world to change. The relative ease of international travel today (25 years ago who would have thought 'commoners' could fly abroad as inexpensively as we do today) and the ability of people to communicate around the globe via improved phone technology and the internet. The K was designed to bring couples together faster when marriage petitions were taking ungodly ages of time to process. It was then up to the couple where they lived. It was up to the couple to complete the immigration process - if it was desired. My expectation is that the K1 and K3 visas will be eliminated entirely. As should happen IF DHS is eventually able to move into the modern age of technology, and find a way to meld USCIS and DOS communications while still acheiving checks and balances. Actually while technically a non-immigrant visa, it is considered a visa that leads to immigrant status and therefore is usually treated as an immigrant visa in most respects... (processed by immigrant visa unit, medical and police certificates required, etc.) The regulations were written (back in the 1970's) that the K visa was esentially an immigrant visa with one small stipulation that was yet to be completed... that is the couple had to be married... The K visa allowed a USC and their foreign fiancee to go through all the procedures of an immigrant visa in their home country and then come to the US to seal the deal... After they were married, they could take their marriage certificate to their local USCIS DO and get a GC on the spot... We all know that that isn't the case now, but the basic premise remains... the purpose of the K-1 is to allow the USC and their fiancee to go through all the checks and procedure needed for an immigrant visa (minus the marriage), marry and subsequently adjust in the US... now if only the USCIS would realize that they don't need to repeat all those checks again once the I-485 is filed... uggh... Edited by zyggy, 27 March 2007 - 07:33 AM.	zyggy	Not Telling	Canada	2007-03-27 07:32:00
K-1 Fiance(e) Visa Process & Procedures	2 year restriction	As the restriction is for two years, I'm doubtful the consulate would place a visa in a passport until the restriction is up. A visa means - OK you are free to go. There is a process for filing to have the restriction waived. I am unfamiliar with that process but common sense tells me that by the time such process were complete, November would have arrived. A competent immigration attorney can clear the question up for you. I'm doubtful you should file before the restriction is up. USICS and DOS systems are not that well linked for them to connect the dots between filing before the restriction ends and non-issuance of the visa until afterwards. Yep.. the process takes a minimum of 6 months... save your money on te waiver and wait for November to roll around... but you can file the petition and have the interview and everythng in place... just the visa cannot be issued until the HRR is fulfilled... Edited by zyggy, 26 March 2007 - 08:52 AM.	zyggy	Not Telling	Canada	2007-03-26 08:50:00
K-1 Fiance(e) Visa Process & Procedures	I-94 issue	he doesnt have any of those things. they never stamped his passport leaving or returning. he doesnt have a job and he doesnt go to school cuz he was only going to be there(germany) for a couple of months. i dont know what to do!!!! Does he have a frequent flyer card... his frequent flyer record should have the date and flight information for the miles that were credited. Otherwise, he should call the airline to get a record of his flight and boarding information.	zyggy	Not Telling	Canada	2006-04-10 13:28:00
K-1 Fiance(e) Visa Process & Procedures	I-94 issue	what if we dont have a boarding pass??? How about any of those other things that I mentioned... I know the CBP stamps my passport every time that I enter the US as a USC... Edited by zyggy, 10 April 2006 - 01:25 PM.	zyggy	Not Telling	Canada	2006-04-10 13:23:00
K-1 Fiance(e) Visa Process & Procedures	I-94 issue	so i was reading up on some things on the internet yesterday and i came across something very interesting. i read that when leaving the US you have to return your I-94 form or they can deny you your next entry because they have no proof that you did not overstay. well of course my fiance had no idea about this and never returned his from when he left in februaury from his J1 visa. he did not overstay so i really dont want them to think that he did! has anyone ever had an issue at the POE because they did not return their last I-94 form and if so how can i prevent this ahead of time??? or if this something that i shouldn't even worry about. Thanks, Diana and Enrico Did your fiancee go through the US Visit stuff at the airport... did he keep his receipt from US Visit... does he have his boarding passes from his flight out... did his destination country stamp his passport when he arrived... All these prove that he left when he was supposed to and did not overstay... The I-94 is a very little piece of that.. However, he does need to send it to London, KY with evidence of his date of departure.	zyggy	Not Telling	Canada	2006-04-10 12:44:00
K-1 Fiance(e) Visa Process & Procedures	Hoping to marry in three weeks	THis is not a very easy question to answer since there are many implications and consequences of what you want. WHat I do know is that keeping with the status quo isn't really an option. At some point in time either the CBP or CBSA is going to catch on and start denying entries. One of you being a permanent resdent in one country of the other will take away the reasoning for CBP or CBSA to deny entry to the one country or the other. There are benefits and drawbacks to immigrating to each country. I do think one of you is going to have to go through some immigration process, either in Canada or the US, for stability. THe Canadian immigration process will involve the US Citizen to either reside in Canada until a decision is made (about a year), or that can apply from the US for an immigrant visa (about 6 months). Both of these cases are after the marriage. Any health issues could be problematic in obtaining Canadian permanent residency. The main benefit for immigration to Canada, especially for the elderly, is the better social benefits that are there... the drawback for the US citizen is the higher level of taxation. But on a retirement income, this may not be so bad. A consultation with a cross border tax expert would be wise. Do a list of benefits and drawbacks for each of you. Don't be afraid to get some professional advice from immigration and taxation experts. Then make a decision on what is best. But to be honest, at this stage in your life, I don't believe immigrating to the US would be the better course. Edited by zyggy, 05 May 2008 - 10:40 AM.	zyggy	Not Telling	Canada	2008-05-05 10:35:00
K-1 Fiance(e) Visa Process & Procedures	Passport photos	QUOTE (ChasingAmy @ Aug 7 2008, 09:57 AM) <{POST_SNAPBACK}> I need a bunch of passport photos for the rest of this process. Do I need to pay for passport photos or can I just get one and scan and copy it a bunch of times and save myself like $100? Pay for the photos... there are places you can get them for cheap... costco for one..	zyggy	Not Telling	Canada	2008-08-07 12:01:00
K-1 Fiance(e) Visa Process & Procedures	1st post former NSC adjudicator now petitioner	Dear D. Wow it feels like having a celebrity in the house. Anyway, here is my dilema. (Since you offered). I sent out my I-129 (as you are now familiar with, congrats by the way), it was sent the 23rd, received the 25th inTexas sent to California and today March 13th I get the notice in the mail with my receipt number. Ok, here is where it's ugly. Over this weekend (after having sent the file in) I read on VJ to double check the dates, because there is a new I-129 and the old one expires on Feb 18th. I, of course assume no slack will be given for this. SHould I, A. Fill the form out and send it in before they Ask, B. Wait til they ask, or C. CAll and try to find out. I'm heartbroken, mostly because we have (he and I) both been to busy to get this stuff done (both self employed) and when we finallly do, a lousy few days is going to sink us. And we are in California SC so ...August, September.....maybe then he will be here. What do you think I should do D? Bobbie Wait for the RFE... But have the form ready...	zyggy	Not Telling	Canada	2007-03-14 07:14:00
K-1 Fiance(e) Visa Process & Procedures	1st post former NSC adjudicator now petitioner	Any type of marriage to the beneficiary nullifies entering on a K1. Any type of marriage ? even an illegal marriage one ? The question should be "even an unrecognized or non-legally binding" marriage. And the answer is maybe. If upon entry to the USA, if the CBP officer "smells" that a marriage (whether legal or not) has occured, you are running a risk of entry denial because this officer will not know the "legal status" of such ceremony. You cannot assume that you will be able to convince him/her otherwise as they are not experts on all the rules/regulations/customs of every country or religion in the world. Now I'm really confused, I was actually told by someone at the US Embassy in Barbados that it's recommended/ok to have a non-legal marriage for family and friends outside the US and then have the civil ceremony in the US, they even told me that a lot of couples choose this option so friends and family can be included. Just like fwaguy said.... It is not uncommon for an official at an embassy to give such advice especially since they are familiar with that countrys customs and know that such a ceremony is not recognized as a marriage by the US. BUT you cannot expect Joe Blow who works immigration at the POE to know about that countrys customs. But if your SO faces being disowned for not proceeding through the cultural rituals of the country before coming to the USA, then you have to decide whats more important. Just dont give the CBP any reason to suspect anything. Ok, I understand now, but we plan on having the non-legal marriage in Canada where they have the same procedures as the US, so I'm guessing the average Joe Blow would be able to see that we are not legally married. We will still be sure to keep it to ourselves at any rate. Anyway, it doesn't matter, that is the only way to make our families happy, and I'm not going to lose any more sleep over it, I've lost enough sleep over this visa stuff as it is. Thanks for the feedback! Actually you can't do this.. In Canada, if it's the first marriage for both of you, any marriage ceremony is legally valid in Canada and therefore is legally valid in the US... No marriage license required... (I think the only exception is in Quebec) Look up Banns of Marriage... I actually turned away a couple who had a K1 because they did not know this... Edited by zyggy, 13 March 2007 - 09:03 AM.	zyggy	Not Telling	Canada	2007-03-13 09:03:00
K-1 Fiance(e) Visa Process & Procedures	1st post former NSC adjudicator now petitioner	Careful everyone, she may be a spy!! I'm a guy and the DHS has more important things to do than hang out in websites like this . Besides that the databases we used could glean more information about you than you could/would ever divoulge on VJ! Sorry, I'm not a spy. I hope your comment was tongue in cheek D. Chuckle... I used to work for INS as an Immigration Inspector (also CBP).. so I know how you feel... People used to think I was a spy too... I just wanted to say welcome to a fellow former employee of the INS...	zyggy	Not Telling	Canada	2007-02-22 09:11:00
K-1 Fiance(e) Visa Process & Procedures	GI bill as income?	QUOTE (Importer @ Oct 7 2008, 10:41 AM) <{POST_SNAPBACK}> Hi! Nobody at USCIS seems to be able to definitively answer this question: is a sponsor's Montgomery GI bill honored as income on the Affidavit of Support form? This is a question to which no USCIS represantative I've spoken with has an answer for. Any one have experience with this scenario? Thanks! GI BIll is not income. Edited by zyggy, 07 October 2008 - 12:45 PM.	zyggy	Not Telling	Canada	2008-10-07 12:45:00
K-1 Fiance(e) Visa Process & Procedures	US Embassy Address for Letter of Intent	We used the Manila Embassy address on our letters of intent. For the petitions you should use the address of your service center... When you write your updated letter of intent ofr the interview, you should use the consulate address.. Or you can use no address at all...	zyggy	Not Telling	Canada	2006-01-30 15:23:00
K-1 Fiance(e) Visa Process & Procedures	I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.	Z... Immigration does not need to prove that you had immigrant intent... the burden of proof is on the petitioner. This means that the petitioner has to provide the necessary evidence that would convince a USCIS adjudicator that there was no immigrant intent upon their entry to the US. Your logic does not work in the world of US Immigration. It's pretty clear that everywhere in the universe that if one has the intention to immigrate, then a visa is required for that option. That's the way it is for everywhere. ALso, when you get an non-immigrant visa it is clearly spelled out what the visa allows you to do. Also for those who enter on VWP, when you fill out the I-94W, it clearly states that you entry is based on a non-immigrant intent and the consequences for not following the rules of VWP. So to state that there was no way of knowing what the rules of your entry were is also false. There is plenty of notice on what the rules are. Next, if she did what you suggested, there are a couple of issues.. 1) She is not eligible to adjust her status from a visitor status to a PR becuase as the spouse of a PR, she is not eligible for an immediate immigrant visa number. THe I-485 is only available for spouses of US CItizens who have an immediate visa number available. 2) If she did stay, she would not be in status for more than about 4 years of so while she waited for an immigrant visa number to be available. While she is here, she would have no status.. so no health care, no driver license, no nothing. 3) Just because she has a baby here, there have been cases where even though the baby is a US Citizen and the parents are illegals, the Immigration courts have had no problems with removing the parents. In this case, since the father is legal, the Immigration Courts have even a larger standing to remove the mother as the father is legal. 4) By harboring a illegal, her husband would be violating US Immigration law and would put both his permanent resident status and his subsequent opportunity for Naturalization in jeopardy. In my first paragraph, I said, "I wonder how the immigrant manages to prove that she or he had absolutely no intentions of coming to the United States with the intent of marrying and remaining." I know that the immigrant must provide the necessary evidence to prove that he or she had no immigration intent. I posed that question to Kezzie since she went through that process and was successful. What logic doesn't work? I'm actually trying to understand how a person can adjust status on VWP, by way of marriage to a U.S. Citizen, without it looking like he or she had some immigrant intent prior to his or her entry into the United States. How does the immigrant go about proving that? In trying to prove that, don't you have to claim some ignorance to the law prior to your entry? That's my question. Kezzie explained her situation, so I've got a bit more understanding on it now, but it seems to be a slippery slope and rightfully so. Maybe I'm not making myself clear... It seems as if a person with VWP privileges could come into the U.S., marry a U.S. citizen, and adjust status as long as that person can prove that no immigrant intent was there. That person's success (to adjust status) is not guaranteed unless they provide the necessary evidence to the USCIS adjudicator that s/he had no immigration intent. This evidence, though, can be fabricated as I've seen firsthand with a friend of mine. Also, a rather irritating poster came on this forum and posted about his illegal maneuvering. My question is: Why didn't that person ask before doing it while they were still in another country? Well, that would be because they had no intent on doing it, right? Does that mean, then, that you claim ignorance, in part, to prove your case? Or, do you say, "Well I know about the law and I didn't intend to immigrate this time, but at a later date?" Is that, in the eyes of the USCIS adjudicator, okay? To some extent, you can't have prior knowledge of this law prior to your entry into the U.S. or can you? That's what I'm trying to understand. I don't know about ignorance.. but the way the law is written is this... one must not have immigrant intent at the time of their entry to the US. If one subsequently changes their mind while they are in the US and wishes to stay.. that is fine... but they cannot have preconceived immigrant intent at the time of their entry on a non-immigrant visa that does not allow for that. (We know that the K visa and also an H1-B visa does allow for that). So the scanario that you describe above is okay and within the law... What is not okay is for someone to decide outside the US that they do indeed intend to enter the US to get married and stay and try to use an improper visa to meet that end. That is not okay... if it comes out that it is the case, then some pretty severe consequences will result. On the subject of fabricating evidence... well ... the way I see it, lieing to meet their own ends eventually comes back to haunt you. THey have just left the door open to having the PR status and even their US Citizenship revoked if it ever came to that because their whole house of cards was built on a misrepresentation. Once that misrepresentation is found out, the house of cards comes crashing down. If they want to take that risk... well I wouldn't want to be in their shoes... Because it seems to me that if you ask the question on a forum such as this one and you see or are told that it is illegal to go the US on VWP, marry a USC, and adjust (immigration intent), then wouldn't that mean you "shouldn't" do it, legally speaking? Does that mean, then, that you shouldn't do it at all, ever? Or is it confined to an isolated incident? What answer that should be given depends on the specific circumstances of their case. It all is about the details. That is why if the individual is already in the US and posts about this type of issue, one should always send them to an immigration attorney who can find out the pertinent facts and then give a course of action. There are a lot of issues that could impact the issue of success... things such as what they left in their home country, what was said to the CBP officer when they arrived, the circumstances of what has happened since they have been in the US, etc. If the individual isn't in the US at all, the answer is clear.. it's illegal. My thoughts to the OP consist of her fiance filing for citizenship now, as along as he is eligible, and waiting out the process. If there is some luck with timing, then it is possible for his citizenship to be processed in four to five months. Then, her fiance can file for the K-1 visa, which, with a little luck with timing again, could have her and her baby in the U.S. in a little over a year. That is ALL I'm suggesting because that is the SMART and LEGAL way in HER SITUATION. I suggest that she look at all of the timelines so she can prepare herself for the best case scenario and the worst case. I'm not advocating that anybody do anything illegal nor am I implying it or suggesting it. Right now, all I'm trying to do is discuss it, which may mean that it would better to post it on another thread. I merely trying to understand the AOS process on VWP via marriage to a U.S. citizen vs. AOS on VWP via marriage to a U.S. permanent resident. Also, I still cannot find this thread that I keep referencing, but I'm curious to know how that worked out in that other woman's situation who came to the United States on VWP while her husband's citizenship papers were pending. She was advised by her lawyer not to leave the United States. (I believe that she said she had no immigration intent, but after she came, they wanted to get married.) I don't know if she was able to adjust status after he got his citizenship. I'm curious to know. I only mentioned that case on this thread since the issue was similar save the for the fact that the OP, as far as I know, is still in the UK. Well, one can change the priority of the I-130 if there is a change in status of the petitioner. In this case, if the individual is near gaining citizenship, then once citizenship is established, they can write to the Service Center with a copy of their Natz Cert asking for a priority class change... or file a new I-130 with an I-485 to the Chicago lockbox... Questions about the legality of the timing, harboring an illegal, etc. are best left to an attorney.. it appears in this case, the attorney probably felt that the date between citizenship and her being out of status were close enough to go ahead with it... My next question is hypothetical. If the OP had no prior knowledge of this law and came to the U.S. and married a U.S. permanent resident, what kind of solution is available in that situation? (Just go back to her country or wait for the U.S. permanent resident's pending citizenship?) On this thread that I can't find, that's the woman stayed in the U.S. while her fiance's citizenship papers were pending, but before she could file her AOS papers, her and her fiance were for two things: 1) his U.S. citizenship and 2) their marriage. Does that all make sense now? Sorry it's so long. In this case all that can be done is to file an I-130 and either a) wait for the priority date to come up and then get an Immigrant Visa in the home country. Of course, if the alien had been in the US for more than 180 days, then a waiver would be required in order for the Immmigrant Visa to be issued. or b) Wait until naturalization and then upgrade to an immediate visa number and apply for AOS. This may or may not be a good idea depending on many factors and should be left to an attorney... Hope that answered your questions...	zyggy	Not Telling	Canada	2006-07-28 10:44:00
K-1 Fiance(e) Visa Process & Procedures	I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.	Kezzie: I've always wondered how the immigrant manages to prove that she or he had absolutely no intentions of coming to the United States with the intent of marrying and remaining. I presume the immigrant could always say that he or she had absolutely no prior knowledge of American immigration, which is perfectly plausible. The couple could also say that it wasn't planned. But if a person just happens to pass by an immigration forum online, this topic comes up quite a bit and it is quite clear that it is illegal to come to the United States with the intent of immigrating without securing the appropriate immigrant visa. By posing the question, then that opportunity to do just that is lost. So if Lady S had not posed her question here and ended up going to the United States now and having her baby there, then she could have stayed, even if her husband was not yet a citizen. Her case may have been difficult in that circumstance... (I am still trying to find that thread about a woman who did just that and stayed in the Boston area until her then fiance got citizenship. I haven't read an update on her case.) It is for that reason that I think it should be illegal to come to the United States on any visa, except for the K-1, that is less than ninety days and adjust status. Thankfully, depending on your perspective, I don't have any say in that matter. But, then again, if U.S. immigration was reformed the way I wanted it, it wouldn't even be necessary to have such a clause. I did not come to the US with the intent of remaining I came to stay with family friends to recover from major surgery.... I met my husband here and we decided to get married... I tought I would have to return to the UK and wait for a visa...when we went and spoke to an immigration officer at Boston we were told there was no need for me to return and file for K3 as I was legally addmitted to the States I could file for AOS and I-130 together.... Why would I know anything about immigrating when I have never thought about moving to another country to live.... I have always come to the States on a VWP as do most tourists from the UK.... Kezzie To the OP: Tell your fiance to apply for citizenship quickly! He should make sure he meets all of the eligibility requirements and should research the process and study for the civics test. Have a look at the U.S. Citizenship forum to figure out how long it might take for your fiance to get citizenship. The process, depending on your district, can be quite speedy, taking no longer than two months. Your fiance's case may take longer, but the sooner he starts, the better. If the processing goes quickly, then perhaps within four months he could apply for the K-1 visa for you. In those four months, hopefully the IMBRA problems will have been squared away. Have a look at the timelines for processing K-1s through London. It took one poster six months. It is possible, then, that you and your baby could be in the U.S. a year from now. In sum, my thoughts are that you should then have your fiance file the K-1 visa. I don't think the CR-1 would be the best in your situation given that you probably don't want your child to be separated from his father for too long. In order to file for the CR-1, you have t be maried. It takes a lot longer to process the CR-1 than the K-1. The K-3, depending on whose timeline you look at, can also take longer than the K-1 to process. The best to you during your pregnancy. Good luck! Z... Immigration does not need to prove that you had immigrant intent... the burden of proof is on the petitioner. This means that the petitioner has to provide the necessary evidence that would convince a USCIS adjudicator that there was no immigrant intent upon their entry to the US. Your logic does not work in the world of US Immigration. It's pretty clear that everywhere in the universe that if one has the intention to immigrate, then a visa is required for that option. That's the way it is for everywhere. ALso, when you get an non-immigrant visa it is clearly spelled out what the visa allows you to do. Also for those who enter on VWP, when you fill out the I-94W, it clearly states that you entry is based on a non-immigrant intent and the consequences for not following the rules of VWP. So to state that there was no way of knowing what the rules of your entry were is also false. There is plenty of notice on what the rules are. Next, if she did what you suggested, there are a couple of issues.. 1) She is not eligible to adjust her status from a visitor status to a PR becuase as the spouse of a PR, she is not eligible for an immediate immigrant visa number. THe I-485 is only available for spouses of US CItizens who have an immediate visa number available. 2) If she did stay, she would not be in status for more than about 4 years of so while she waited for an immigrant visa number to be available. While she is here, she would have no status.. so no health care, no driver license, no nothing. 3) Just because she has a baby here, there have been cases where even though the baby is a US Citizen and the parents are illegals, the Immigration courts have had no problems with removing the parents. In this case, since the father is legal, the Immigration Courts have even a larger standing to remove the mother as the father is legal. 4) By harboring a illegal, her husband would be violating US Immigration law and would put both his permanent resident status and his subsequent opportunity for Naturalization in jeopardy.	zyggy	Not Telling	Canada	2006-07-28 07:56:00
K-1 Fiance(e) Visa Process & Procedures	I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.	Thnaks everybody, I think the best way forward is for my fiance to apply for his citizenship and then go ahead and file for a K-visa for me. One last question, once the k-visa is appoved do we have to get married in USA or can we get married elsewhere??? It has always been our plan to get married in Nigeria which is where our parents are from. If you get a K-1, you must get married in the US. If that doesn't work for you, you can get married anywhere in the world that you want. Don't know what it takes for a legal marriage in Nigeria, but after that happens you can file an I-130 and pursue either the K-3 visa route or continue for a CR-1 visa. Be aware that the interview for a K-3 visa takes place in the country where the marriage took place. I wouldn't think choosing Lagos for your intervew would be a good idea.	zyggy	Not Telling	Canada	2006-07-27 09:08:00