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KeyWest

getting married in U.S. / mother was denied tourist visa to come to wedding

By KeyWest in Tourist Visas

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KeyWest Rookie

KeyWest   1

Posted
Filed: AOS (pnd) Country: Colombia
 Timeline
Posted

I'm a USC, my fiance is from Colombia and currently in the U.S. on a J-1 aupair visa.

The original visa was issued Jan 2010 and expired Jan 2011. In Jan she received a one 1 year extension so she is good until 2012.

We are getting married in less than 3 weeks here in Florida. Of course it is very important for my fiance for her family especially her mother to be here for the wedding.

We had her mother apply at the embassy in Bogota for the tourist visa. She was very well prepared with wedding invitation, proof of ties to Colombia, even a letter from our lawyer here in the States for her support.

She did not get a chance to show any of her papers because as soon as the consular officer heard that she was in the U.S. as an au pair he denied the application.

It breaks our heart not having her here on our big wedding day. Does anyone have any idea if we could appeal this or if it makes any sense to apply again? The wedding is in less than 3 weeks.

June 8, 2011 papers signed at attorney office

June 17, 2011 official day papers received by USCIS

June 23, 2011 money order cashed

June 28, 2011 NOA (3x) received hardcopy

Sept 19, 2011 BIO appointment

Sept 19, 2011 EAD approved

Sept 26, 2011 EAD Card received

Oct 3, 2011 Interview notice recd

Nov 7, 2011 Interview

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amykathleen2005 Proficient

amykathleen2005   441

Posted
Filed: Lift. Cond. (apr) Country: England
 Timeline
Posted

You could marry in Columbia and then she gets a CR-1 to get back in the US.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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JeroenAndMichelle Proficient

JeroenAndMichelle   28

Posted
Filed: Citizen (apr) Country: Netherlands
 Timeline
Posted

She did not get a chance to show any of her papers because as soon as the consular officer heard that she was in the U.S. as an au pair he denied the application.ding is in less than 3 weeks.

I think they did might have done this because they might assume your fiance will most likely be doing AOS after your marriage while her current visa technically does not allow this. According to the rules you should either marry in her country and file for spousal visa, or you should bring her over through a fiance visa.

Since you guys are not going for the spousal or the fiance visa, they might be afraid that her mother will not return back to her own country, just like your fiance. Basically, I think what brought up a red flag is mentioning that she would go there for your marriage.

Also, please be aware that there is a risk in doing what you might be doing and that, in the worst case possible, she will be removed and receive a ban from entering the US. If you indeed go for AOS after marriage, you will need to prove that she had the best intentions when she applied for the J-1 visa, without the intention to marry you. The extension on her visa might be giving some problems with that because they will reason that, if she was going to marry you, you would have had to use either the spousal or fiance visa.

N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted

The consular saw that one family member had already abused their usage of a visa(theJ-1), what would stop the mother from doing the same if she was given a vistor visa. Sorry, it looks as if you'll will now need to make some choices.

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Have to agree with the previous posters. Mom is being punished for her daughter's "sin."

KeyWest,

just to cover the unexpected, your finance does not have a home requirement on her J-1, correct?

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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KeyWest Rookie

KeyWest   1

Posted
Filed: AOS (pnd) Country: Colombia
 Timeline
  • Author
Posted (edited)

KeyWest,

just to cover the unexpected, your finance does not have a home requirement on her J-1, correct?

correct, no home requirement. And of course she had the best intentions (to be an au-pair and return to her home country) when she got the J-1.

On a different note, her aunt and grandmother also applied for the visitor visa a week earlier. They both got it.

They also told the embassy that they were going for the wedding, however I believe they didn't go into any detail on my fiances status in the States. That might have made the difference. Also the grandmom was given "special treatment" due to her age.

Edited by KeyWest

June 8, 2011 papers signed at attorney office

June 17, 2011 official day papers received by USCIS

June 23, 2011 money order cashed

June 28, 2011 NOA (3x) received hardcopy

Sept 19, 2011 BIO appointment

Sept 19, 2011 EAD approved

Sept 26, 2011 EAD Card received

Oct 3, 2011 Interview notice recd

Nov 7, 2011 Interview

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Boiler Grand Master

Boiler   43,622

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She can not appeal, she can re apply.

It would be a long shot.

“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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Boiler Grand Master

Boiler   43,622

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She can not appeal, she can re apply.

It would be a long shot.

“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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Boiler Grand Master

Boiler   43,622

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

She can not appeal, she can re apply.

It would be a long shot.

“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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brian-and-aurore Apprentice

brian-and-aurore   1

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted

Adjusting from a J-1 visa isn't abusive.

It is totally OK and allowed to adjust from a J-1, as well as from other long-term and not tourist visas.

The J-1 visa is a "year of normal american life" visa, during which there is nothing wrong with dating and falling in love, neither than getting married.

Just make sure you apply for your AOS before the expiration of your fiancée's J-1.

If you wish to not be separated from your fiancé for 9 to 12 months, DO NOT surrender her J-1 against a K-1 or a CR-1.

Apply to AOS from here, you are in your rights.

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