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Filed: Timeline
Posted

This is related to my first post. I want to ask your opinion.

What are the odds of getting a K1 visa approved due to a pending employment-based immigrant visa petition? Due to retrogression for this employment-based visa category (E3), my boyfriend and I can't wait that long anymore. We just want to start our life together! We have been waiting for two years and there is no movement! I know a lot of you here understand how difficult it is to be so far away from someone you really want to spend the rest of your life with...

Can someone shed a light on this matter? Should we take our chances with this K1 visa?

Thank you for taking time on this post.

jenna :)

"If it's worth having, it's worth waiting for..."

Posted

You should be able to get the K-1 with little to no issues.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
This is related to my first post. I want to ask your opinion.

What are the odds of getting a K1 visa approved due to a pending employment-based immigrant visa petition? Due to retrogression for this employment-based visa category (E3), my boyfriend and I can't wait that long anymore. We just want to start our life together! We have been waiting for two years and there is no movement! I know a lot of you here understand how difficult it is to be so far away from someone you really want to spend the rest of your life with...

Can someone shed a light on this matter? Should we take our chances with this K1 visa?

Thank you for taking time on this post.

jenna :)

Employment based visas and the K-1 are two completely different visas. If you meet the evidentiary requirements, you can file the I-129F, I don't think the employment and fiancee visas are mutually exclusive.

-P

funny-dog-pictures-wtf.jpg
Posted
You should be able to get the K-1 with little to no issues.

with as little information as the OP has shared, a statement such as the one you've made above can be a little misleading. we do not know the personal situation of the OP and her boyfriend...

funny-dog-pictures-wtf.jpg
Filed: Timeline
Posted

My first post was "E3 pending wanting to apply K1" which I posted yesterday. I shared our brief situation there.

We have all the requirements needed. And my boyfriend is coming this June for his second visit. I just don't want to think that I will be denied at the embassy in the future because of my pending employment-based visa application. And my boyfriend is getting impatient with the movement of my E3. So he insists that we file for K1 visa.

What do you think will be very strong evidences to submit so that they will believe that we are really sincere with our intentions, that is, to be together in the soonest possible time?

Thanks again!

jenna :)

"If it's worth having, it's worth waiting for..."

Filed: Country: Romania
Timeline
Posted
My first post was "E3 pending wanting to apply K1" which I posted yesterday. I shared our brief situation there.

We have all the requirements needed. And my boyfriend is coming this June for his second visit. I just don't want to think that I will be denied at the embassy in the future because of my pending employment-based visa application. And my boyfriend is getting impatient with the movement of my E3. So he insists that we file for K1 visa.

What do you think will be very strong evidences to submit so that they will believe that we are really sincere with our intentions, that is, to be together in the soonest possible time?

Thanks again!

jenna :)

Than, if you meet all the requirments, complete all forms accordingly, pay the right fee and follow all the procedures your K-1 will get approved. It's important that you two have met at least once in the last 2 years and that you have proof of your bona fide relationship.

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
My first post was "E3 pending wanting to apply K1" which I posted yesterday. I shared our brief situation there.

We have all the requirements needed. And my boyfriend is coming this June for his second visit. I just don't want to think that I will be denied at the embassy in the future because of my pending employment-based visa application. And my boyfriend is getting impatient with the movement of my E3. So he insists that we file for K1 visa.

What do you think will be very strong evidences to submit so that they will believe that we are really sincere with our intentions, that is, to be together in the soonest possible time?

Thanks again!

jenna :)

It is true the two visa types are not related. As Minya's wife stated we do not know all your circumstances and one possible thing comes to my mind. Since there was an E3 filed for, yes? And now it has been, well, whatever, I do not undersatnd that part of the law...anyway

They see "Hmmm, couldn't get an E3? NOW wants a K-1? Hmmmm, hmmmmm?" So make sure your evidence is in order and if the question comes up just be honest. In addition to meeting the requirements, which you probably do, you also have to satisfy the consulate it is a legitimate relationship resulting in marriage and NOT a way to avoid the normal (E3, for example) immigration process.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Timeline
Posted

I understand your point Gary and Alla. Thanks for sharing. I guess I should carefully look into that matter. What's sad is that I met my fiance few months after my US employer sent the petition and have it approved. Now I am waiting "forever" because of this retrogression when I could be with my man sooner if not for that! Since I am under contract with the employer already, I can't just withdraw my application unless I pay them what they have done for me :(

So you see, different lives, different stories... but what is great above ALL these is that we have found the person to love and to grow old with. I guess that makes the hard part over!

I hope you will pray for me too. Godspeed.

jenna

"If it's worth having, it's worth waiting for..."

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
I understand your point Gary and Alla. Thanks for sharing. I guess I should carefully look into that matter. What's sad is that I met my fiance few months after my US employer sent the petition and have it approved. Now I am waiting "forever" because of this retrogression when I could be with my man sooner if not for that! Since I am under contract with the employer already, I can't just withdraw my application unless I pay them what they have done for me :(

So you see, different lives, different stories... but what is great above ALL these is that we have found the person to love and to grow old with. I guess that makes the hard part over!

I hope you will pray for me too. Godspeed.

jenna

And see, here is the other problem.

Now you asked our opinion on your your "odds". So I am playing the "devils advocate", in this case as you asked.

You also asked should be try for the fiancee visa? Very strange question. Are you engaged to be married? Then yes. What is the question? That is how you bring someone to the USA that you are engaged to. The K-3 is for someone you are married to. But your entire premise of "this didn't work, should we try this?" is very suspicious sounding to me and I am not an immigration officer that looks for such things. Of all the members here, you are the only one asking for "odds". There is no such question to be asked. Very strange indeed.

You say you should "carefully look into the matter" What matter? Are you in love? Are you engaged to be married? What, exactly, is there to look into? Every question you ask, every premise of your case is highly suspicious of visa fraud. Sorry, but that is how it sounds to me. People with legitimate relationships simply and naturally fall into a pattern of behavior of people in legitimate relationships. Of course. What else would happen? It is absolutely no trouble to PROVE a legitimate relationship, because it is legitimate and produces the evidence they look for naturally. The realtionship produces the necessary evidence regardless of any other visa status.

It would not matter if you withdraw the petition, you made the petition, it is done it is recorded and everyone at USCIS knows about it. Next comes the fiancee petition. Meeting the fiancee after the job offer is not such a good thing. Had you met and filed the fiancee petition first, when there was no financial incentive, no other reason to come here than love, I would say it looks like someone who is in love and wants to explore their future in their profession in what will be their new country. Very nice, very thoughtful, very responsible. When the job offer came first, and then retrogression (which means in an economical crisis when many Americans are being laid off, we are keeping jobs in America for Americans, imagine that) Sounds like someone, with a soild financial reason (a job offer) to get to the USA as quickly as possible, was covering all bases, exploring all avenues to avoid the usual immigration process. That is just me, but it is also the way the USCIS is trained to think. I think your evidence better be rock solid.

You also don't mention the country of foreign fiance(e). Strange, well not so strange, lots of people don't mention it, but not many that have an E3 visa petition already and now are asking odds about another type of visa. If any of the so called "high fraud" countries are involved here, you could just about forget it I would say

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Posted
You should be able to get the K-1 with little to no issues.

with as little information as the OP has shared, a statement such as the one you've made above can be a little misleading. we do not know the personal situation of the OP and her boyfriend...

I was just addressing the OP's initial question about applying for the K-1 while in the process with the other visa.

Having the other visa in process does not preclude applying for the K-1.

Perhaps I should of been more clear.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Timeline
Posted
I understand your point Gary and Alla. Thanks for sharing. I guess I should carefully look into that matter. What's sad is that I met my fiance few months after my US employer sent the petition and have it approved. Now I am waiting "forever" because of this retrogression when I could be with my man sooner if not for that! Since I am under contract with the employer already, I can't just withdraw my application unless I pay them what they have done for me :(

So you see, different lives, different stories... but what is great above ALL these is that we have found the person to love and to grow old with. I guess that makes the hard part over!

I hope you will pray for me too. Godspeed.

jenna

And see, here is the other problem.

Now you asked our opinion on your your "odds". So I am playing the "devils advocate", in this case as you asked.

You also asked should be try for the fiancee visa? Very strange question. Are you engaged to be married? Then yes. What is the question? That is how you bring someone to the USA that you are engaged to. The K-3 is for someone you are married to. But your entire premise of "this didn't work, should we try this?" is very suspicious sounding to me and I am not an immigration officer that looks for such things. Of all the members here, you are the only one asking for "odds". There is no such question to be asked. Very strange indeed.

You say you should "carefully look into the matter" What matter? Are you in love? Are you engaged to be married? What, exactly, is there to look into? Every question you ask, every premise of your case is highly suspicious of visa fraud. Sorry, but that is how it sounds to me. People with legitimate relationships simply and naturally fall into a pattern of behavior of people in legitimate relationships. Of course. What else would happen? It is absolutely no trouble to PROVE a legitimate relationship, because it is legitimate and produces the evidence they look for naturally. The realtionship produces the necessary evidence regardless of any other visa status.

It would not matter if you withdraw the petition, you made the petition, it is done it is recorded and everyone at USCIS knows about it. Next comes the fiancee petition. Meeting the fiancee after the job offer is not such a good thing. Had you met and filed the fiancee petition first, when there was no financial incentive, no other reason to come here than love, I would say it looks like someone who is in love and wants to explore their future in their profession in what will be their new country. Very nice, very thoughtful, very responsible. When the job offer came first, and then retrogression (which means in an economical crisis when many Americans are being laid off, we are keeping jobs in America for Americans, imagine that) Sounds like someone, with a soild financial reason (a job offer) to get to the USA as quickly as possible, was covering all bases, exploring all avenues to avoid the usual immigration process. That is just me, but it is also the way the USCIS is trained to think. I think your evidence better be rock solid.

You also don't mention the country of foreign fiance(e). Strange, well not so strange, lots of people don't mention it, but not many that have an E3 visa petition already and now are asking odds about another type of visa. If any of the so called "high fraud" countries are involved here, you could just about forget it I would say

Indeed. It is absolutely no trouble to PROVE a legitimate relationship because it produces the evidence they look for naturally. My bad if I made the impression or made you think of my intention as a visa fraud and not love. I will marry my fiance. He is my life. And we will do anything just to start our life together.

I stated "carefully look into the matter", was because I am aware of the "high fraud" involved, maybe not here, but online. I joined this forum to clearly solicit the ideas first hand from these people who have been through the process or are in the process. And thanks for all that. It's helping.

We will work on it. WE have nothing to hide from them. We love each other. And if the K1 will be the way to bring us to our new life together then be it.

"If it's worth having, it's worth waiting for..."

Filed: K-1 Visa Country: Germany
Timeline
Posted

You should be fine like everybody says. As long as you've met the past two years and have proof of relationship then you're good to go! Its just the wait that gets annoying...

Application Sent - 2 December 2008

NOA-1 Issued - 8 December 2008

NOA-1 Received - 15 December 2008

NOA-2 Issued - 4 March 2009

NOA-2 Received - 9 March 2009

Packet 3 Received - 25 March 2009

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
I understand your point Gary and Alla. Thanks for sharing. I guess I should carefully look into that matter. What's sad is that I met my fiance few months after my US employer sent the petition and have it approved. Now I am waiting "forever" because of this retrogression when I could be with my man sooner if not for that! Since I am under contract with the employer already, I can't just withdraw my application unless I pay them what they have done for me :(

So you see, different lives, different stories... but what is great above ALL these is that we have found the person to love and to grow old with. I guess that makes the hard part over!

I hope you will pray for me too. Godspeed.

jenna

And see, here is the other problem.

Now you asked our opinion on your your "odds". So I am playing the "devils advocate", in this case as you asked.

You also asked should be try for the fiancee visa? Very strange question. Are you engaged to be married? Then yes. What is the question? That is how you bring someone to the USA that you are engaged to. The K-3 is for someone you are married to. But your entire premise of "this didn't work, should we try this?" is very suspicious sounding to me and I am not an immigration officer that looks for such things. Of all the members here, you are the only one asking for "odds". There is no such question to be asked. Very strange indeed.

You say you should "carefully look into the matter" What matter? Are you in love? Are you engaged to be married? What, exactly, is there to look into? Every question you ask, every premise of your case is highly suspicious of visa fraud. Sorry, but that is how it sounds to me. People with legitimate relationships simply and naturally fall into a pattern of behavior of people in legitimate relationships. Of course. What else would happen? It is absolutely no trouble to PROVE a legitimate relationship, because it is legitimate and produces the evidence they look for naturally. The realtionship produces the necessary evidence regardless of any other visa status.

It would not matter if you withdraw the petition, you made the petition, it is done it is recorded and everyone at USCIS knows about it. Next comes the fiancee petition. Meeting the fiancee after the job offer is not such a good thing. Had you met and filed the fiancee petition first, when there was no financial incentive, no other reason to come here than love, I would say it looks like someone who is in love and wants to explore their future in their profession in what will be their new country. Very nice, very thoughtful, very responsible. When the job offer came first, and then retrogression (which means in an economical crisis when many Americans are being laid off, we are keeping jobs in America for Americans, imagine that) Sounds like someone, with a soild financial reason (a job offer) to get to the USA as quickly as possible, was covering all bases, exploring all avenues to avoid the usual immigration process. That is just me, but it is also the way the USCIS is trained to think. I think your evidence better be rock solid.

You also don't mention the country of foreign fiance(e). Strange, well not so strange, lots of people don't mention it, but not many that have an E3 visa petition already and now are asking odds about another type of visa. If any of the so called "high fraud" countries are involved here, you could just about forget it I would say

Indeed. It is absolutely no trouble to PROVE a legitimate relationship because it produces the evidence they look for naturally. My bad if I made the impression or made you think of my intention as a visa fraud and not love. I will marry my fiance. He is my life. And we will do anything just to start our life together.

I stated "carefully look into the matter", was because I am aware of the "high fraud" involved, maybe not here, but online. I joined this forum to clearly solicit the ideas first hand from these people who have been through the process or are in the process. And thanks for all that. It's helping.

We will work on it. WE have nothing to hide from them. We love each other. And if the K1 will be the way to bring us to our new life together then be it.

To be clear I didn't think that, I am p[laying devils advocate as per your request, or the nature of your request, more correctly

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: Wales
Timeline
Posted

E3 visa is specific to Australia, I did not realise there were any issues getting one or any retrogression.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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