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angel_in_the_sky21

please help

By angel_in_the_sky21 in K-1 Fiance(e) Visa Process & Procedures

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angel_in_the_sky21 Newbie

angel_in_the_sky21   0

Posted
Filed: Timeline
Posted (edited)

ok so i dont know if this topic is already covered and i just havent seen it.. if so sorry.. but heres my predicament.. im from new zealand and next year im getting a J-1 Visa to work in america as a nanny starting from january 07. theres this guy i met in new zealand and hes now back in america and hes a US citizen. we are going to get married before my visa expires in january 2009 can anyone tell me what will happen.. he makes it sound easy. like we get married and thats it.. me wanting to find out more think other wise.. so if anyone can tell me what i have to do after we get married it will be greatly appreciated :) thankyou.:thumbs:

Edited by angel_in_the_sky21
JenT Experienced

JenT   0

Posted
Filed: AOS (apr) Timeline
Posted

Nope... not that easy. I would consult with an immigration attorney before you attempt this.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Jen

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

William33 Veteran

William33   110

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted (edited)

I agree with JenT. You don't want an accusation of the predisposition to get married on a work visa.

Consult with an immigration Attorney, or marry now and DCF, if that option is available to you.

Nope... not that easy. I would consult with an immigration attorney before you attempt this.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Jen

Edited by William33
AndyMisiu Proficient

AndyMisiu   0

Posted
Filed: K-1 Visa Country: Poland
 Timeline
Posted (edited)

It is that easy, but it's not that easy. Meaning, it's been done and is being done all the time. You just need to prove that you did not intend on getting married or immigrating to the States when on your J-1. You should for sure get a lawyer for this one. I talked to one a long time ago while Ania was here on her tourist visa, he said marriage would work. We were not ready then and she went home though. But he and other lawyers (never take the advice of just one) said it would be fine. Consult a lawyer as the interview will be key for this.

Edited by AndyMisiu

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

Erik Collaborator

Erik   0

Posted
Filed: K-1 Visa Country: Brazil
 Timeline
Posted (edited)

I agree with JenT. You don't want an accusation of the predisposition to get married on a work visa.

Blows off the dictionary... :lol:

Edited by Erik

3dflagsdotcomusa2fawm8fa.gif 3dflagsdotcombrazi2fawm8bu.gif

NOA1 Date Received - 5/09/2006

Petition Transfered from NSC to CSC - 6/01/2006

Touched - 6/02/2006

Touched - 6/03/2006

IMBRA RFE Received - 06/30/2006 (Dated 06/23/2006)

IMBRA RFE Delivered - 07/01/2006 (USPS Next Day)

Touched - 07/03/2006 (Email saying they sent RFE)

Touched - 07/04/2006

Touched - 07/05/2006

Touched - 07/10/2006 (Recieved RFE Response)

Touched - 07/11/2006

Touched - 07/12/2006

Touched - 07/13/2006

Touched - 08/03/2006

NOA2 Approved - 08/03/2006

Touched - 08/06/2006

NVC Entered Case into System - 08/21/2006

Consulate in Rio de Janeiro confirms receipt - 08/29/2006 (may have arrived sooner, only got around to calling today).

Fiance sent Packet 3 to Embassy (Before she actually received it) - 09/01/2006

Fiance receives actual Packet 3 - 09/06/2006

Fiance receives Packet 4 - 09/22/2006

Medical Scheduled - 11/06/2006

Interview Scheduled - 11/07/2006

Fiance should be on her way to me! 11/10/2006

Visa Approved!

William33 Veteran

William33   110

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

I agree with JenT. You don't want an accusation of the predisposition to get married on a work visa.

Blows off the dictionary... :lol:

Here ya go:

predisposition

A noun

1 predisposition

a disposition in advance to react in a particular way

What am I missing? Pretty clear to me. :thumbs:

Erik Collaborator

Erik   0

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

I agree with JenT. You don't want an accusation of the predisposition to get married on a work visa.

Blows off the dictionary... :lol:

Here ya go:

predisposition

A noun

1 predisposition

a disposition in advance to react in a particular way

What am I missing? Pretty clear to me. :thumbs:

Your missing the fact that it's 10pm, and I haven't had a Coffee in 12 hours now :lol::P:thumbs:

3dflagsdotcomusa2fawm8fa.gif 3dflagsdotcombrazi2fawm8bu.gif

NOA1 Date Received - 5/09/2006

Petition Transfered from NSC to CSC - 6/01/2006

Touched - 6/02/2006

Touched - 6/03/2006

IMBRA RFE Received - 06/30/2006 (Dated 06/23/2006)

IMBRA RFE Delivered - 07/01/2006 (USPS Next Day)

Touched - 07/03/2006 (Email saying they sent RFE)

Touched - 07/04/2006

Touched - 07/05/2006

Touched - 07/10/2006 (Recieved RFE Response)

Touched - 07/11/2006

Touched - 07/12/2006

Touched - 07/13/2006

Touched - 08/03/2006

NOA2 Approved - 08/03/2006

Touched - 08/06/2006

NVC Entered Case into System - 08/21/2006

Consulate in Rio de Janeiro confirms receipt - 08/29/2006 (may have arrived sooner, only got around to calling today).

Fiance sent Packet 3 to Embassy (Before she actually received it) - 09/01/2006

Fiance receives actual Packet 3 - 09/06/2006

Fiance receives Packet 4 - 09/22/2006

Medical Scheduled - 11/06/2006

Interview Scheduled - 11/07/2006

Fiance should be on her way to me! 11/10/2006

Visa Approved!

William33 Veteran

William33   110

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

I agree with JenT. You don't want an accusation of the predisposition to get married on a work visa.

Blows off the dictionary... :lol:

Here ya go:

predisposition

A noun

1 predisposition

a disposition in advance to react in a particular way

What am I missing? Pretty clear to me. :thumbs:

Your missing the fact that it's 10pm, and I haven't had a Coffee in 12 hours now :lol::P:thumbs:

Have a Drink instead!!! ;):lol:

AndyMisiu Proficient

AndyMisiu   0

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

Oh yeah! I forgot the most important part of what I posted. In my case, we truly did not intend or have the pre-determined idea to get married. So we would not have been lying. You would be in your case. It would be a solid case for visa fraud. So, you should take that into consideration. It's best to do things the right way. But with all that being said, marriage can be done. I just wouldn't want to risk it, not for the one I loved. Because you risk losing it all!! so get lawyer!! and even they are not guaranteed to work!

06/30/06- sent I-129F petition to VSC.

07/11/06- NOA1 (received in mail)

07/19/06- RFE received in mail, IMBRA

07/28/06- e-mail, IMBRA RFE received at VSC

09/11/06- called VSC, told I'm with an adjudicating officer

09/25/06- called VSC, told to file expedited service, outside 60 days of RFE received date

09/26/06- sent expedited service request to VSC via fax and snail mail

09/26/06- Senators and Congressman making inquiries into my petition

09/29/06- expedited service request approved by VSC director

10/04/06- e-mail NOA2 approved!!!!!!

10/05/06- NVC received

10/06/06- NVC forwarded to Poland Embassy

10/16/06- Packet #3 received

10/17/06- Packet #3 sent to US Embassy Warsaw

10/30/06- Packet #4 received

10/30/06- Interview scheduled for November 22nd!!!

11/30/06- Visa in hand, via DHL!!!!

12/05/06- Ania and I arrive together in the USA

02/11/07- Ania applied for Social Security Card

02/17/07- Ania and I were MARRIED!!!!!!

07/24/07- Social Security Card in hand- after some minor issues and a little procrastination :)

10/14/07- I-485, I-765, and permission to travel mailed to USCIS

10/17/07- Received NOA1

12/17/07- I-485 shipped to California Service Center for faster service

12/17/07- I-765 approved new card should be mailed within 30 days, Advanced parole approved

02/28/08- AOS APPROVED!!!! PERMANENT RESIDENT CARD RECEIVED!!!!! (card received couple weeks after approval)

Erik Collaborator

Erik   0

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

I agree with JenT. You don't want an accusation of the predisposition to get married on a work visa.

Blows off the dictionary... :lol:

Here ya go:

predisposition

A noun

1 predisposition

a disposition in advance to react in a particular way

What am I missing? Pretty clear to me. :thumbs:

Your missing the fact that it's 10pm, and I haven't had a Coffee in 12 hours now :lol::P:thumbs:

Have a Drink instead!!! ;):lol:

Then I'll be asking you what the word Visa means :lol:

3dflagsdotcomusa2fawm8fa.gif 3dflagsdotcombrazi2fawm8bu.gif

NOA1 Date Received - 5/09/2006

Petition Transfered from NSC to CSC - 6/01/2006

Touched - 6/02/2006

Touched - 6/03/2006

IMBRA RFE Received - 06/30/2006 (Dated 06/23/2006)

IMBRA RFE Delivered - 07/01/2006 (USPS Next Day)

Touched - 07/03/2006 (Email saying they sent RFE)

Touched - 07/04/2006

Touched - 07/05/2006

Touched - 07/10/2006 (Recieved RFE Response)

Touched - 07/11/2006

Touched - 07/12/2006

Touched - 07/13/2006

Touched - 08/03/2006

NOA2 Approved - 08/03/2006

Touched - 08/06/2006

NVC Entered Case into System - 08/21/2006

Consulate in Rio de Janeiro confirms receipt - 08/29/2006 (may have arrived sooner, only got around to calling today).

Fiance sent Packet 3 to Embassy (Before she actually received it) - 09/01/2006

Fiance receives actual Packet 3 - 09/06/2006

Fiance receives Packet 4 - 09/22/2006

Medical Scheduled - 11/06/2006

Interview Scheduled - 11/07/2006

Fiance should be on her way to me! 11/10/2006

Visa Approved!

JenT Experienced

JenT   0

Posted
Filed: AOS (apr) Timeline
Posted
Oh yeah! I forgot the most important part of what I posted. In my case, we truly did not intend or have the pre-determined idea to get married. So we would not have been lying. You would be in your case. It would be a solid case for visa fraud. So, you should take that into consideration. It's best to do things the right way. But with all that being said, marriage can be done. I just wouldn't want to risk it, not for the one I loved. Because you risk losing it all!! so get lawyer!! and even they are not guaranteed to work!

I'm glad you qualified that because I was going to re-direct you on that point.

It all goes to 'intent', and since there is a pretty clear intention here to get married on a J-1, the risk is huge.

Lawyer up, and make sure he/she KNOWS what they're talking about. Too many posters here have been led astray by bad advice from their attorneys.

Jen

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

heathius Enthusiast

heathius   0

Posted
City: California/Bayern - Filed K-1 from China Filed: Lift. Cond. (pnd) Country: Germany
 Timeline
Posted (edited)

Getting married on a tourist (or work) visa is easy, but you will be denied a green card unless you can show that you had absolutely no intention of getting married during your US trip (it just happened on a whim).

Personally, I wouldn't risk trying to do this. What seems easy can get you in major immigration trouble. Why risk it? There are lots of other options.

Maybe, after your J visa expires and you return to NZ, your fiance can come to NZ to live with you. You can then file for K-1 and get married in the US after it is granted, or get married in NZ and then file for K-3. If your fiance is 35 years old or younger, he can get a 1 year working holiday visa to NZ. It's easy to get, and would be a good way to solve your dilemma. Only catch would be that he would have to quit his job in the US. There are also ways to extend the working holiday visa beyond 1 year if he has a letter from his NZ employer.

I worked for a year in NZ on a working holiday visa, and I met my fiancee in NZ while I was working there!

Edited by heathius

K-1 VISA:

3/4/06: I-129F Sent to CSC

3/14/06: NOA1

7/21/06: IMBRA RFE received by CSC

8/22/06: NOA2

9/8/06: Case arrives at NVC

9/16/06: NVC departure letter received

9/22/06: Left NVC bound for China

10/6/06: Case arrives at Guangzhou consulate

10/20/06: Received Packet 3

10/26/06: Sent DS-230 back to consulate

11/9/06: Sent OF-169 back to consulate

11/17/06: Received Packet 4

11/25/06: Completed Medical Exam in Beijing

12/15/06: Interview in Guangzhou (Success!!)

12/19/06: Received K-1 visa

1/12/07: Entered U.S. (POE: SFO)

ADJUSTMENT OF STATUS:

1/26/07: Applied for SSN

2/8/07: Medical exam for vaccinations

2/9/07: Received SSN

3/3/07: Married!! (WooHoo!!)

3/16/07: Changed name on SSN

4/3/07: Sent AOS application to Chicago

4/5/07: AOS application arrived in Chicago

4/16/07: Received NOAs for AOS, EAD, & AP (NOA date: 4/12)

4/24/07: Received biometrics appt. letter

5/7/07: Biometrics appointment

5/25/07: Received interview appt. letter

6/25/07: Received AP documents

6/28/07: Received EAD card

7/18/07: AOS Interview (Approved!)

7/30/07: Received 2-year green card

REMOVAL OF CONDITIONS:

4/24/09: I-751 sent to CSC

4/27/09: I-751 arrived at CSC

5/13/09: Received NOA letter (NOA date: 4/27)

6/4/09: Received biometrics appt. letter

6/13/09: Biometrics appointment

8/6/09: Card production ordered

8/12/09: Received card in mail

 
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