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Would I be hurting our chances if I applied for a K-1 now?

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Filed: Country: Colombia
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My Colombian girlfriend to whom I've proposed, has not yet accepted my proposal. She's hesitant because she's young and finishing law school within a few months and would have to essentially give up on her career, leave her family, and commit to living in a country she's never been to. We've been together for about 18 months, half of which I was actually living in Colombia. We still have a great relationship but the separation is taking a toll on us and I'm really getting concerned.

We tried twice to get a tourist visa so she could come see the USA, meet the family, and all that but she was denied without even having her documents looked at.... long story... but essentially based on a few oral questions they just assume she'd become an illegal immigrant because she's 24 and isn't working yet. We had a portfolio of documents and letters supporting her application that would have shown the interviewer that she was not an illegal immigration risk but they didn't want to see them.

My question is.... we're not engaged but I think a visit might be enough to put her fears to rest and seal the deal for her... can I apply for a K-1 visa in this circumstance and if so, would it hurt future visa related matters if we don't marry for up to a year later? Do I have any other visa options to get her here for even a short trip? Can a lawyer help in this case for a K-1 or even for the originally planned tourist visa?

Any tips or suggestions would be greatly appreciated.

GF

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My Colombian girlfriend to whom I've proposed, has not yet accepted my proposal. She's hesitant because she's young and finishing law school within a few months and would have to essentially give up on her career, leave her family, and commit to living in a country she's never been to. We've been together for about 18 months, half of which I was actually living in Colombia. We still have a great relationship but the separation is taking a toll on us and I'm really getting concerned.

We tried twice to get a tourist visa so she could come see the USA, meet the family, and all that but she was denied without even having her documents looked at.... long story... but essentially based on a few oral questions they just assume she'd become an illegal immigrant because she's 24 and isn't working yet. We had a portfolio of documents and letters supporting her application that would have shown the interviewer that she was not an illegal immigration risk but they didn't want to see them.

My question is.... we're not engaged but I think a visit might be enough to put her fears to rest and seal the deal for her... can I apply for a K-1 visa in this circumstance and if so, would it hurt future visa related matters if we don't marry for up to a year later? Do I have any other visa options to get her here for even a short trip? Can a lawyer help in this case for a K-1 or even for the originally planned tourist visa?

Any tips or suggestions would be greatly appreciated.

GF

Will she sign a letter of intent to marry within 90 days of her arrival in the US on a K1 visa?

If she does come on a K1 and not marry in 90 days she will have to return home.

That may be the only way she can get to the US for a short visit.


K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

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Filed: Other Country: China
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My Colombian girlfriend to whom I've proposed, has not yet accepted my proposal. She's hesitant because she's young and finishing law school within a few months and would have to essentially give up on her career, leave her family, and commit to living in a country she's never been to. We've been together for about 18 months, half of which I was actually living in Colombia. We still have a great relationship but the separation is taking a toll on us and I'm really getting concerned.

We tried twice to get a tourist visa so she could come see the USA, meet the family, and all that but she was denied without even having her documents looked at.... long story... but essentially based on a few oral questions they just assume she'd become an illegal immigrant because she's 24 and isn't working yet. We had a portfolio of documents and letters supporting her application that would have shown the interviewer that she was not an illegal immigration risk but they didn't want to see them.

My question is.... we're not engaged but I think a visit might be enough to put her fears to rest and seal the deal for her... can I apply for a K-1 visa in this circumstance and if so, would it hurt future visa related matters if we don't marry for up to a year later? Do I have any other visa options to get her here for even a short trip? Can a lawyer help in this case for a K-1 or even for the originally planned tourist visa?

Any tips or suggestions would be greatly appreciated.

GF

The required signed letter of intent would either be a deal killer for filing or an accepted proposal, wouldn't it?

A lawyer can't help her get a tourist visa she's ineligible for. Whether you need professional assistance for a K1 process depends on your own skill set, aptitude, dedication and available time.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: AOS (pnd) Country: Philippines
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I won't speak for other visas, but a K-1 Fiancée and CR-1 Spouse visa both hinge on substantial evidence of a legitimate bona fide relationship between the USC and FN. In the first case, there needs to be a documented intent to marry, and this intent needs to be evident to the consular officer during the interview at her local U.S. consulate. The latter obviously requires marriage, and includes the AOS stage which must prove evidence of a bona fide marriage.

Since you haven't even become engaged yet, you would be looking at the K-1 visa. Once granted, it allows a foreign fiancé(e) a one-time entry into the U.S. within a six-month window following the granting of the visa. Once in the U.S., you two would have 90-days to marry. During those 90-days, following the marriage, one would typically begin the AOS proceedings to get her green card.

This process can prove difficult for a couple that is certain they want to be together, so I would not suggest prematurely filing in your situation. Your problem is that your relationship is uncertain at this point, and a K-1 visa is nearly outright denied if those circumstances are detected. No immigration attorney, or anyone else for that matter, will be able to assist you in that regard.

The only other way I can imagine is with a F-1 visa, but she appears to be content finishing school in Colombia --

I think most folks here will agree that you should probably simply invest more time into the relationship, let it evolve, and when she is ready for a an actual commitment only then seek a K-1 visa. You'll save yourself a great deal of heartache that way. Like I said, it can be a taxing process even when two people want nothing more than to be together. So your situation would immediately open you up to additional friction.

You said she was previously denied a visa; what exactly were the grounds of the denial? Anything that would reflect upon further petitions?


17-Jan-10 - Filed K-1

26-Apr-10 - Approved

06-May-10 - Entered POE

24-May-10 - Married

22-Jul-10 - Filed AOS

24-Sep-10 - Biometrics Appointment

18-Nov-10 - Approved

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Filed: K-1 Visa Country: Egypt
Timeline

I think most folks here will agree that you should probably simply invest more time into the relationship, let it evolve, and when she is ready for a an actual commitment only then seek a K-1 visa. You'll save yourself a great deal of heartache that way. Like I said, it can be a taxing process even when two people want nothing more than to be together. So your situation would immediately open you up to additional friction.

Couldn't be said better, the K1 process can be very tedious, long, difficult, and expensive depending upon your financial situation. But, that being said being apart from the person you love is torture...I'd still wait until she said yes though. You will have to sign a document saying you will support her so keep that in mind too.

Edited by Greenparot

My personal blog, GreenParot.com

08/15/09 - Met each other online in a game of Uno on Facebook, best day of my life!

10/14/09 - Travel to Egypt

10/28/09 - Back in the U.S. =(

02/12/10 - Travel back to Egypt with my parents

02/15/10 - Proposed and engaged on our 6 month anniversary =)

02/23/10 - Back in the U.S.

###########################################

K1 Timeline

###########################################

03/08/10 - I-129F packet sent to VSC

03/12/10 - I-129F NOA1

05/25/10 - I-129F APPROVED!!! 74 Days after NOA1

06/02/10 - NOA2 Hardcopy Received

06/02/10 - NVC sent case to Embassy in Cairo

06/07/10 - Embassy received case

06/16/10 - Packet 3 received

06/27/10 - Packet 3 sent

06/30/10 - Packet 4 received

07/07/10 - Interview at Embassy in Cairo (APPROVED!)

07/14/10 - Visa received

??/??/10 - POE

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Filed: Citizen (pnd) Country: Brazil
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I think you pretty much got your answer, but I figured I'd add my two cents.

The K-1 visa is NOT a test to see if she likes the US and really wanted to marry you visa. If the officer heard you or her say that or even hint at that, her visa would be denied (take a look in the Nigerian regional forum for a girl that was denied for in a way round about way without even meaning to saying this). When you originally file the I-129F (at the beginning of the K-1 process) your fiancee must write a letter of intent that says that she swears that if she gets the visa, she will marry you within 90 days of entering the US. You have to write one of these too.

Of course some people probably use the 90 days as a test period and I'm sure some people never get married once entering the US, but this is not how the visa is designed and again this is a grounds for a denial of the visa in the first place. I understand her wanting to meet your family and see the US (my husband and I are moving to the states at the end of June and he's never met my family of visited the US for the same reasons as your fiancee) but that's the decision that she has to make unfortunately (if she is unable to get a tourist visa as you said). Like the other poster said, the K-1 process is expensive, stressful, time consuming and isn't going to make your relationship stronger!! Lots of people break up in the process of doing a K-1, so if your relationship is already on the rocks, the K-1 is probably not going to make anything better.

I don't know your situation, but is it possible for you to move back to Colombia? That way you guys could be together, get your relationship back on track, and then decide what to do. IF you could legally live in Columbia, you could get married there, live there for at least 6 months, and then apply DCF which takes about 3-4 months from start to finish.... just another option. Although that still doesn't solve her wanting to see the US first.


N-400 Naturalization Process

June 25, 2013 --Qualified for Citizenship!

October 12, 2017 --Electronically filed

October 13, 2017 --NOA1

October 31, 2017 --Biometrics Appointment -ATL

ROC

April 5, 2012 --Sent I-751 to Vermont Service Center

May 21, 2012 --Biometric Appointment at ATL office

December 12, 2012 --10 year Green Card in hand

DCF Process

October 10, 2009 --Married in São Paulo

January 14, 2010 --Filed I-130 at São Paulo Consulate for DCF

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Couldn't be said better, the K1 process can be very tedious, long, difficult, and expensive depending upon your financial situation. But, that being said being apart from the person you love is torture...I'd still wait until she said yes though. You will have to sign a document saying you will support her so keep that in mind too.

But it's a legally unenforceable document. So there is no risk on the OP's part.

Not meaning to be rude, but the OP didn't ask us if he SHOULD do this. He asked us if he could. It isn't hard to get a K1 petition approved. It may be harder (at the interview) for his fiance to get her visa if she discloses there are no imminent plans to marry.

Nonetheless, it is an option and a viable one.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Filed: K-1 Visa Country: Canada
Timeline

But it's a legally unenforceable document. So there is no risk on the OP's part.

Not meaning to be rude, but the OP didn't ask us if he SHOULD do this. He asked us if he could. It isn't hard to get a K1 petition approved. It may be harder (at the interview) for his fiance to get her visa if she discloses there are no imminent plans to marry.

Nonetheless, it is an option and a viable one.

If she has no intent to marry she cannot truthfully complete one of the requirements, the letter of intent to marry. He technically can't begin the process with success as an outcome if he doesn't have that letter from her. She should not write and sign that letter if it is not true.


03/29/10: Mailed I-129F to CSC via Fed-Ex 2-day

03/31/10: Received by CSC

03/31/10: NOA1

06/09/10: NOA2

09/27/10: Medical

11/23/10: Interview

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Filed: Other Country: China
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If she has no intent to marry she cannot truthfully complete one of the requirements, the letter of intent to marry. He technically can't begin the process with success as an outcome if he doesn't have that letter from her. She should not write and sign that letter if it is not true.

Bingo! :thumbs:


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

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If she has no intent to marry she cannot truthfully complete one of the requirements, the letter of intent to marry. He technically can't begin the process with success as an outcome if he doesn't have that letter from her. She should not write and sign that letter if it is not true.

That's true.

I'm certainly not going to advocate lying on a visa petition.

Many aliens don't have the opportunity to visit the US. They are from countries with no VWP privileges or it's nigh impossible for them to acquire a visitor visa. They don't get to "try on" life in the US as others do.

I know it was said above that the K1 visa isn't a 'dating' visa and it isn't. But even couples with concrete intent sometimes fall apart after the alien comes to the US. If the foreign fiance has no other option to see and learn about life in the US, why should we discourage that? The alien enters the country, the couple sees if they are compatible AND if the alien feels they can adapt to life in the US, and the alien either marries their US petitioner OR goes home within 90 days.

I realize that might sound cracked, but try to look at it from the perspective of someone who isn't Canadian (or European or some other 'flavor' of non-USC) and REALLY has no other option before making a life-changing decision.


Our journey together on this earth has come to an end.

I will see you one day again, my love.

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Filed: Country: Colombia
Timeline

This is all very helpful insight.

JohnnyQuest, that is exactly the perspective we have on our situation. We'd be engaged if I could continue living in Colombia but giving up a law degree and career, her family, and everything she knows is a huge gamble at her stage in life. We love each other very much and she would sign a letter of intent, though actually marrying in the 90 day window is something I'm sure is impossible at the moment. I'm going to Colombia again in July to visit, but I can only stay up to 10 days or so. Unfortunately the more time we spend apart doesn't make a yes decision easier, but we're going to talk about it some more and ultimately she'll decide what's best for her. If I can't ease her concerns, I fear our relationship may become a casualty of the system, though probably more of the tourist visa system.

She was denied for the tourist visa the first time based on 5 very general questions in an oral interview... Where are you going? What will you be doing? Who's paying for it? Do you live alone or with family? Do you work or study?... She's a 24 year old university student living with her parents, so her answers painted a picture of someone who had no real binding ties to Colombia that and that she might just be trying to immigrate illegally. She was denied and told to get a job.

The second denial was after I spoke to a Consular Assistant at the embassy over the phone and he made notes on her case suggesting the official look at her documents because she does have reasons to return to Colombia because she owns a home, is about to finish her degree, and we had documents to prove all of that and more. This time she was denied again without reviewing the 30 pages of documents we collected because they said she had more reason to stay in the US than return to Colombia. The whole process was unfair and based on her being a young girl who fit some of the stereotypes for someone who might be trying immigrate illegally.

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Filed: Lift. Cond. (apr) Country: India
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If you have no intent of marrying and just want to try out life in the U.S.A., you'd be committing visa fraud--using a specific visa for a totally different purpose.

It's that simple. The K-1 visa is NOT meant to be a test drive, no matter what anyone says so. Encouraging such an act is against the VJ TOS as it is illegal.

You already state that it would be "impossible for you to get married within the 90 days" of U.S. entry. THAT is the ONE requirement of the K-1 visa--that the K-1 entree marry her original USC petitioner within 90 days.

While I do understand your situation and realize the bind you are in -- you should not begin the process--a long, exhausting, tiresome, frustrating expensive one--if you can't fulfil the basic requirement of the visa that you're attempting to secure. You're setting yourself up for failure right at the start.

Also, do NOT, under ANY circumstances lie to immigration. Bad, bad idea.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: K-1 Visa Country: Egypt
Timeline

It may be harder (at the interview) for his fiance to get her visa if she discloses there are no imminent plans to marry.

Then technically she is not his fiancee and is not eligible for the K-1 visa...unless I'm missing something here on the definition of a fiancee. Not to be rude, but its the people who fraud the system that makes it that much harder on those of us who play by the rules not to mention takes time away from other couples who are serious.

As far as the culture differences, they will be there no matter if she gets to visit America or not. You could try to take videos or somehow capture how life is here in America. I have done a few for my fiancee as she has never been to America. I've even taken a few pictures of Wal-mart, haha.


My personal blog, GreenParot.com

08/15/09 - Met each other online in a game of Uno on Facebook, best day of my life!

10/14/09 - Travel to Egypt

10/28/09 - Back in the U.S. =(

02/12/10 - Travel back to Egypt with my parents

02/15/10 - Proposed and engaged on our 6 month anniversary =)

02/23/10 - Back in the U.S.

###########################################

K1 Timeline

###########################################

03/08/10 - I-129F packet sent to VSC

03/12/10 - I-129F NOA1

05/25/10 - I-129F APPROVED!!! 74 Days after NOA1

06/02/10 - NOA2 Hardcopy Received

06/02/10 - NVC sent case to Embassy in Cairo

06/07/10 - Embassy received case

06/16/10 - Packet 3 received

06/27/10 - Packet 3 sent

06/30/10 - Packet 4 received

07/07/10 - Interview at Embassy in Cairo (APPROVED!)

07/14/10 - Visa received

??/??/10 - POE

event.png

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Filed: Country: Colombia
Timeline

We have no intention of lying and we want to do things the right way. We are in a bind and are faced with the possibility that our relationship can't continue so my hope with this thread was to maybe learn more from people who know more about the options than I do. We feel very strongly that we didn't get a fair shot at the tourist visa on two occasions and I'm hesitant to subject her to that process a third time.

I have been showing her pictures and videos of the area.

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Filed: Citizen (apr) Country: Australia
Timeline

It is entirely possible to obtain a K1 visa, to NOT marry within the 90 days and then marry later.

The facts are this:

- if you marry in the 90 days then you can file AOS for $1010.

- if you don't marry in the 90 days you have wasted ALL the money from the K1 and would need to start a "spousal" petition/AOS. This costs $1010 + $355 + some other fees I think. I'm not sure if the K1 medical is able to be used if you do it this way, even if it's still "valid"

- she (the beneficiary) must marry YOU and ONLY you while in the US. If she decides not to marry you she cannot remain in the US or marry someone else and AOS while there. She will have to return to Brazil

- She will be "out of status" if you don't apply for AOS before the 90 days are up.

- If she doesn't marry you in the 90 days then she is DEPORTABLE if caught by ICE.

- If she does marry you in the 90 days, but hasn't applied for AOS yet, she is out-of-status but not "technically" deportable. She can be detained but not actually deported. It can cost money once she's detained.. and lots of it.

- it is visa fraud to apply when you aren't actually engaged.

I understand why you want to apply for it now, but it sounds like a visa wouldn't really encourage her. She seems worried about ending her life there. Have you considered moving to Brazil? Allowing her to finish whatever she's doing there and then making a move to the US?

Good luck with your decision. Congratulations on your pending engagement.

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