Jump to content
Sign in to follow this  
Invincer

Riddle me this Batman...

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Ukraine
Timeline

In a nutshell, my Fiancee had to go through a 3 year wait from when we first started a K1 (refused, resubmitted, she had sick Mom- could not do resubmitted's interview till December). She arrived December 16th. Things have been great, and we want to get married, after taking the time to live together and see how well things went.

Here is the predicament however...

Nataliya's Mom is very ill, and is going to have surgery on March 13th in Ukraine. Nataliya has to be there for her, no ifs ands or buts... plus she may need to stay a while there to look after her. At this point I don't see how we can get married, file for the AOS, and get the Advance Parol in time before she has to go. No way we would even get the interview in time, and I have read getting an emergency visa is next to impossible without an act of God. The only other option I can see would be to get married and apply for the spousal visa or don't get married yet and re-apply for the fiancée visa again. Considering the situation, i would think either submission would go through without a hitch here and at any interviews. Would it be better to get married before she goes back to Ukraine or would that hold things up while resubmitting for a fiancee visa? She may have to be back there for 6 months anyways, so even if she had her AOS I think I remember reading she could not be in another country outside the USA half of a year or more anyways, not sure on this one.

Anyways, what are my best options or choices in this situation? Could even go over there myself in a few months possibly and get married there to apply for marriage visa, or would getting married here before she goes back be better? I just don't know which is the best avenue to take here....

Any help or thoughts appreciated. thanks!

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ecuador
Timeline

The K-1 visa is a one-entry-only visa, and you must be married within 90 days of the entry.

(It's been 2.5 months. Why haven't you married yet?)

Beat it down to a Justice of the Peace and get married. See if you can hand-carry your signed marriage license to the courthouse so that you can order marriage certificates (plural) while you wait. Then, immediately file for AOS & AP & EAD. Then, collect all pertinent information (copies of your AOS/AP/EAD packages, medical reports, letters from mother's doctors, and certified translations thereof) and set an InfoPass appointment. Explain your predicament and ask for emergency Advance Parole.

If she leaves and you're not married, you'd have to start all over by filing the CR-1 petition. Holy Lack of Time, Batman!

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites

I say since her mom's ill she will want to stay longer there and care for her. I'd suggest getting married and filing for spousal visa.


ROC 2009
Naturalization 2010

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Australia
Timeline

In a nutshell, my Fiancee had to go through a 3 year wait from when we first started a K1 (refused, resubmitted, she had sick Mom- could not do resubmitted's interview till December). She arrived December 16th. Things have been great, and we want to get married, after taking the time to live together and see how well things went.

Here is the predicament however...

Nataliya's Mom is very ill, and is going to have surgery on March 13th in Ukraine. Nataliya has to be there for her, no ifs ands or buts... plus she may need to stay a while there to look after her. At this point I don't see how we can get married, file for the AOS, and get the Advance Parol in time before she has to go. No way we would even get the interview in time, and I have read getting an emergency visa is next to impossible without an act of God. The only other option I can see would be to get married and apply for the spousal visa or don't get married yet and re-apply for the fiancée visa again. Considering the situation, i would think either submission would go through without a hitch here and at any interviews. Would it be better to get married before she goes back to Ukraine or would that hold things up while resubmitting for a fiancee visa? She may have to be back there for 6 months anyways, so even if she had her AOS I think I remember reading she could not be in another country outside the USA half of a year or more anyways, not sure on this one.

Anyways, what are my best options or choices in this situation? Could even go over there myself in a few months possibly and get married there to apply for marriage visa, or would getting married here before she goes back be better? I just don't know which is the best avenue to take here....

Any help or thoughts appreciated. thanks!

Well you have left it too late to marry and apply for AOS as she would not get AP papers in time to go back to her mum. get married and then file CR1 while she is with her mum. Have no idea why you have waited so long and are not married yet you could have avoided all of this and she would have had her AP in hand and be able to stay with her mum 6 months.

Edited by Barbara J

Divorced !st November 2012.

Married only 2 years 1 month

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline

get married. file for the AOS, get the NOA1 and make an appointment at your local USCIS office to apply for an emergency AP. She can leave then country and have the AP sent to the consulate in Kiev. The AP is valid for one year.

If you have waited too long to do that, then you will have to start over with a K-1 or go to Ukraine, marry her and file for a CR-1


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

Gary And Alla

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Ukraine
Timeline

Well I have been married before, and we had waited 3 years to be together; so we both decided to live together for at least 2 of those 3 months before getting married because we wanted to be sure. 3 months certainly feels too short a test period to begin with. Then when we were sure, the problems with her Mom arose. She will likely be there for 6 months or quite possibly longer, and even if we have the AOS I read something somewhere about having to be in the US during the temporary visa time more than outside of the US, though i don't remember where I read it. So this is why I was or am hesitant to file the AOS with her length of time back in Ukraine being too unknown as to what will be needed.

So I am mainly looking at the options of...

1. Don't get married yet, and redoing the Fiancée visa all over again after she is back in the Ukraine.

2. Get married this week, then apply for a Spousal Visa after she is back in Ukraine.

3. Don't get married here, but go over there this Summer, get married there, and apply for the Spousal Visa.

Option 3 is nice sounding to her, we could have a wedding so her family could attend it; but i am thinking it would add a lot more time to the wait period compared to filing a Spousal visa after already being married here. There is also the option to get married here, apply for the spousal visa, and then take a trip there for a wedding ceremony after approval and coming back together, but that is just a variation on option 2. I have a call into my congressman to see what he thinks. Out of those three options, what would be the better route?

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...