Worries about timeline and considering options, need immediate HELP!

[mandahulusi 0]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process?

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized?

thanks

[Azzudiin 26]

Lawyer is telling you to break the law, Fire the lawyer or you will need a criminal attorney not a immigration attorney.

[Otto 83]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

If you're willing to take the risk (potential risk being, removal/deportation, and/or ban from entering the US) then by all means - follow the 'guidance' of your attorney.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process? Your personal 'facts' will not shorten the process in any way - unfortunately.

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized? No - notarization is for signatures.

thanks

[Gary and Alla 3,694]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process?

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized?

thanks

Regarding the timeline, the lawyer is conservative, I think. I think your fiancee would arrive here in probably 6 months or so, though it depends on the consulate. Having thre intent to get married on a tourist visa is against the law. This attorney is DAFT! You may get away with it and you may get a lifetime ban and a deportation. Why on earth would an immigration attorney tell you to break the law?

The circumstances of you meeting will have nothing to do with timelines. The USCIS uses for their "timelines" the oldest case in the system, which means (unless you become the new "oldest case") your case will be processed faster.

[gary9891 10]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

If you're willing to take the risk (potential risk being, removal/deportation, and/or ban from entering the US) then by all means - follow the 'guidance' of your attorney.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process? Your personal 'facts' will not shorten the process in any way - unfortunately.

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized? No - notarization is for signatures.

thanks

Do not walk.........RUN from this "attorney". The USCIS will smell visa fraud simply by assuming an attempt to circumvent the system. Do like we all here at this site and follow the rules........file a K1 or K3 and in a few months you will be rewarded with a approved petition. Try some fancy end run around the system and she will be banned and you will have a red flag following you for years. Just my opinion. Good luck which ever path you choose.

[Bobby+Umit 161]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process?

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized?

thanks

Funny, when I consulted with a lawyer prior to doing my petition for Umit (who is from Turkey, and has a B-2 visa, and has been to the US twice before we decided to do this thing), the lawyer strongly suggested not to use the visitors visa, as you outline above.

(I gave her four scenarios on what I thought we could do)

To many risks for me after she explained all the things that could happen. If they push and shove, and the burden of proof is on you to prove it, there is no recourse if it goes against you.

Might you get away with it? perhaps, but are you willing to take that risk? It's up to you.

Right now, it looks like her K-1 visa will be approved in July. 6 Months, 8 days after we submitted it.

During that time, she has visited me - with no issues.

Choice, as always, is up to you.

Now here is my standard disclaimer I will use for posts like this:

Adjustment of status is discretionary.

Even if you are eligible for adjustment and do not fall within one of the statutory bars, the USCIS may still deny an application for adjustment of status. Generally, adjustment of status will be granted if you are eligible under the statute and there are no "negative factors." A negative factor may include your intent to remain in the U.S. when you entered as a nonimmigrant, even if you did not commit fraud or willful misrepresentation. When such negative factors exist, the USCIS will weigh the negative and positive factors to determine whether to approve your adjustment application. Close family relatives, immediate relatives, may be a strong factor favoring adjustment.

[Kathryn41 3,205]

You have received good advice here - and it's not from your lawyers. The lawyers will not have to suffer the consequences of a visa fraud situation and they may even benefit from it if they can convince you to hire their services if and when the fraud is detected - you and your spouse, however, are on the front line to suffer the consequences of a life time permanent ban. It is not worth the time saved or the money saved when you stack it up against what you have to lose. Send in the K-1 and go through the process legally - it is a lot less worrying in the long term - and that is what you are ultimately after - the long term of a legal, permanent and happy life together here in the US.

Edited April 29, 2009 by Kathryn41

[mandahulusi 0]

Thanks for all the advice people, now I feel I did the right thing by sending out my petition yesterday. Hope everything goes alright. Keeping my fingers crossed for a timeline about 6 months. That'd be sweet

[Jon&Lindsey 0]

You did the right thing. Hope you have a fast and smooth process!

[Rainschild 0]

Good luck and fast processing. You'll have your fiancee there soon. And she might still use her B2 to come visit you.

[DaleandPat 0]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process?

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized?

thanks

I know someone that married a Canadian. Canadians can come here without a visa for short stays. Getting a visa has turned out to be a nightmare. So they spend half there time in the US and half in Canada. Forget the visiting visa, go for the K1. Send in the package.

[Gemmie 142]

Yes, the tourist visa is quicker, and yes I often kick myself for not applying for AOS when I was in the U.S already (without intent upon entry). BUT as others have said, it is against the law to have intent and do this.

Good luck with your K1, there is lots of support on this site.

[grapeeyes 0]

Hi,

I got my I-129F package completed and ready to go but have some last minute reservations about sending it.

I consulted a lawyer yesterday, asking how long this process can take and she said it would take 8 months at the shortest and getting married on a tourist visa would be safer and quicker. The safer part, she argued, is due to the fact that she will be over here in the US anyways so there will be less people and paperwork involved that is going to travel to the other side of the world and thus, less can go wrong. The fact that she already has the tourist visa and she already visited me once with that visa and didn't overstay is another strong argument for this option.

When I asked her about the visa fraud thing, she said there is no way they can prove her intentions were to get married when she was entering the US and they usually don't even bother if you do it after 3 months she enters. This is the third (yes that's right, three in three in fact) lawyer suggesting me to go the "illegal" way and I'm very confused right now.

I know once I send my I-129f, there will be no turning back and the tourist visa option will be gone forever. And if after that, the K-1 visa takes like 10 months or even more to get issued, I would be very frustrated to have chosen this way. And as far as I can see from the other posts there are like infinite possibilities for stuff to go wrong so that the process takes longer and longer. That is something we cannot afford.

I'm in desparate need of help on this decision and the more confused I get, the later the process will start.

Another question I have about the timeline is that it says on the USCIS website that the timeline is case specific. Most of the couples I'm seeing here in this forum met on the internet, whereas I grew up in my fiancee's home country, we actually met in college and have been dating since. We even correspond in the native language of her country. So is it safe to assume that these facts might shorten the process?

PLEASE HELP!

Oh, one last question: Do I need to get my passport copy notarized?

thanks

I fired my first attorney for giving the same advice. The new attorney told me it was a good thing I did not try that. If you are caught committing visa fraud, you could be permanently banned from obtaining a visa to the US. Is that a risk you want to take?