Just Met My Fiance,,

[Hoang_Phuong 2]

Hello guys, new to the forum.. I met my fiance, wife by heart, on February 5th, and we started dating on the 8th. March 30th she flew to Austin Texas to see me and we had a wonderful time for 3 weeks. We decided it would be best that we marry so we can start our life together here in Austin. So my question is, We've only been together for 3 months and 2 days, is it possible that that our application will be denied because we've only been together for 3 months? I'm planning on flying over to Australia to meet her again in a few months for more evidence. We are going to do our best for her to come to the US with me and start our life together. I wish it was this easy, After reading a few posts, I'm starting to get iffy about this happening, but i'm thinking positive that it is going to.

any help would be appreciated,,

Thanks!

-Tomi

[Hell0W0rld 10]

you are fine, for initial filing, you will just need proof that you have met within 2 years before filing (boarding passes, receipts, passport VISA stamps). after you file, you can start making more trips to see her and take alot of pictures.

[TBoneTX 43,254]

is it possible that that our application will be denied because we've only been together for 3 months?

Not at the USCIS level (petition) as long as you can prove that you met in person within the last two years, but yes at the embassy/consular level (visa application). "Engagements or marriages soon after meeting" may be viewed askance by some consular officers.

I'm planning on flying over to Australia to meet her again in a few months for more evidence.

Excellent idea. Multiple visits and time together in various circumstances can work on your behalf to satisfy your embassy at interview time, and also ensure (for your own sakes) that the two of you are indeed committed enough to know that you will abide this often-infernal process. Edited May 10, 2009 by TBoneTX

[Hoang_Phuong 2]

Thanks guys,, We are going to go by the rules in the book. Get married within the 90 days of the K1 visa (Lets hope it will go smooth). I'm also going to be hiring a lawyer who can help me throughout the process. Make sure I don't make any mistakes. I'd rather pay the money for someone who is experienced and save time, than trying to figure this out myself. We want her over here ASAP. I know it'll be a long and "infernal" process. but we are both commited to doing so.

[Hoang_Phuong 2]

Oh one other thing, I had a business and solt in the middle of last year, so half the year I didn't make much because of income loss. The exact time, I aquired a job at our local Fox TV station and only made $8500. Is it 100% neccessary to show proof that I made atleast $18k that year? Now I am working with my parents, and they are paying me every 2 weeks cash because we both run the store. Pretty much I'm getting a small part of the income and it equals around $25K a year. Is there a way my dad can do something to show proff that I'm getting paid and able to support my future wife?

-Tomi

[TBoneTX 43,254]

To determine whether there is anything in your pasts (plural) that could prove troublesome, absolutely consult a qualified immigration attorney. If, afterwards, there appear to be no problems, it is possible for you to complete the process yourself, without the usual delay and the definite expense of an attorney's help. If you are poor with details, following instructions, or generally reading accurately and interpreting literally, then outside assistance may prove desirable. I am one of many VJ members who will suggest in the strongest possible terms that you read the guides, in the links atop the forums.

Oh one other thing [...]

Again: please read the guides.

[Hoang_Phuong 2]

yes I read through the guidlines briefly. There's so much information but then there are only a few questions that I needed help on. And my questions are answered. I'm still browsing around and reading through.

Thanks for the help

[TBoneTX 43,254]

yes I read through the guidlines briefly. There's so much information but then there are only a few questions that I needed help on. And my questions are answered. I'm still browsing around and reading through.

To me, at least, your response is not persuasive. Nevertheless, and especially if this is how you intend to approach the process, good luck. Edited May 10, 2009 by TBoneTX

[Gary and Alla 3,694]

Hello guys, new to the forum.. I met my fiance, wife by heart, on February 5th, and we started dating on the 8th. March 30th she flew to Austin Texas to see me and we had a wonderful time for 3 weeks. We decided it would be best that we marry so we can start our life together here in Austin. So my question is, We've only been together for 3 months and 2 days, is it possible that that our application will be denied because we've only been together for 3 months? I'm planning on flying over to Australia to meet her again in a few months for more evidence. We are going to do our best for her to come to the US with me and start our life together. I wish it was this easy, After reading a few posts, I'm starting to get iffy about this happening, but i'm thinking positive that it is going to.

any help would be appreciated,,

Thanks!

-Tomi

Your petition will not be denied because you met her 3 months and two days ago. It would not be denied if you met her 3 hours and two minutes ago. This item of information can sometimes affect a visa interview in in some countries, but not usually from Austrailia. No worries, Mate.

[brnidokiegurl 0]

read, study and ask, in most cases forget the lawyer

[john & jean 37]

hire a lawyer to save time???? no IT WILL SLOW YOU DOWN!!!

[JimVaPhuong 4,863]

Agreed with others about the lawyer. The worst reason in the world to hire a lawyer is because you don't want to figure it out yourself. If a doctor told you that you have a potentially deadly disease, would you say "I'll leave it in your hands, doc. I can't be bothered learning about this disease that might KILL me!".

Some lawyers have extensive experience with a particular consulate or embassy, and they might be able to spot red flags in your case that you would not be able to find without the same experience. They can be very useful in cases like this, but they will also likely slow your case down because you're going to have to wait for them each time you need their services. This is especially true if you're going to let the lawyer or his staff handle your paperwork for you.

A lawyer with experience at your consulate or embassy can also be very helpful preparing your fiancee for the interview.

If you hire a lawyer, be prepared to be very actively involved in your case, either double checking everything they do, or letting them double check everything you do. I've had to hire lawyers at least half a dozen times in my life, and it's only worked out well when I spent at least 4X as much time on my case as the lawyer did, and reserved the right to approve every major decision. The one time I let the lawyer handle everything I got reamed.

Also, if any lawyer tells you "Just let me do my job", then RUN - don't walk! It's YOUR future that's on the line, and not theirs. They should want you to be involved and keep you informed.

BTW, I AM working with a lawyer, and it IS slowing the process down for me. I was ready to file my petition last month, but I've been working with the lawyer to help make my petition bullet proof. This takes time because I'm not his only client, but I was willing to accept the additional delays when I decided I wanted professional help.

[NatPatBen 3]

Of course, all attorneys differ... but I know someone using an attorney. The attorney won't file ANYTHING until they have every single thing together that they'll need for almost the entire process. The biggest delay for them is in getting new birth certificates and passports for the beneficiary. It takes a while, as do many things in Jamaica.

Meanwhile, I'm wondering: Why does the attorney need his passport before filing the I-129F??? He doesn't need the passport until the interview stage. The attorney could've at least filed the first part a LONG time ago, while he worked on the passport.

Just my [second-hand] experience with an attorney.

[Sinergy 3]

I agree with the lawyer thing...sometimes getting one can make your process longer and more painful. I would do this on your own as it is not hard to fill out the paperwork, and the rest is waiting. People here can help alot, and you can get help on filling out the forums in the guides section.

[Old Dominion 26]

Unless there are problems in your past that must be explained, a lawyer will be of almost no help in your petition. A paralegal will actually do the "work" to complete the forms (but you'll provide all the detailed information) and it will take longer than if you did it yourself. The paperwork for the petition is quite straight-forward and there are no short cuts -- every detail is important. But if your attitude is casual, as it seems to be, you'll need to have a lawyer just to force your attention on the details.

As to sponsorship, your taxable income is a major factor in evaluating your ability to support the two of you. Bank statements and records are another factor. Being paid in cash is certainly legal, but if taxes and social security are not withheld, and the business doesn't file the monthly/quarterly form 941s with the IRS to pay the government, then it's called tax evasion. If you are partners with your parents, and take a share of the profits, there are still reports to be filed and you must remit 12.5% of your earnings to Social Security. Be sure of your standing with the IRS before beginning all of this.