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Should I go for K1 or visitors Visa? Tips?

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My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Since it's generally a pain in the butt to get a single person getting approved, would I be better off trying something like a fiance visa? The thing is I don't arrange plans to get married yet. I'm looking to wait until mid-late 2007.

I understand they want to see ties for her in Brazil but quite frankly they are just the basics (bank account, lives with parents, etc). However she does have her semester starting up again which she can prove she will have to go to.

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

3. Is it worth explaining/proving to the consulate about our relationship and plans?

4. Is buying a round trip ticket before the interview as proof of her return effective?

5. Does my Brazilian address (on top of my US address) give me any sort of leverage?

6. Does my CPF, brazilian bank account, etc give me any leverage? (I am living here on a tourist Visa).

7. Would showing my passport of regular visits to Brazil every 3 months give leverage?

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

Just to keep it on topic, I am blessed to be able to work from home for a large US company. Hence I do regular trips to Brazil since I can just use the internet to work.

Thank you VERY much in advanced and I really appreciate it :D

Edited by 195

AOS, AP:

02-09-07 - Legally Married

02-20-07 - AOS and AP mailed to Chicago

02-27-07 - NOA1

03-15-07 - Biometrics done

03-19-07 - AP Approved (AP was expedited. Emergency Advance Parole done at the immigration office)

03-26-07 - AOS Interview on 5/17

Advance Parole Approved in under 30 days.

Just under 90 days from AOS filing to AOS interview. Not bad! :)

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Most of these questions could better be answered in the regional forum, but since you asked here, I'd suggest you not attempt to obtain a fiance visa unless you are truly intent on getting married. Attemting to obtain a finace visa just so that she can visit and see if she likes it here, would probably be considered to be immigration fraud, and in fact, USCIS may even monitor this website...

I'd try for the tourist visa in your case, and wait to see how the relationship developes and make sure you both really want to marry before applying for a fiance visa.

Bill


I-129f Journey:

2006-07-17 I-129F sent to CSC

2006-07-24 NOA1 (received)

2006-10-05 RFE (received)

2006-10-06 RFE (returned to CSC)

2006-10-23 NOA2

2007-01-29 Visa Approved!

2007-02-17 Ceremony in Thailand

2007-02-21 POE LAX - Fiance and her daughter enter the USA together, Easy-Peasy!

2007-03-05 Wedding in USA

AOS Journey:

2007-06-07 AOS for spouse and daughter sent

2007-06-16 NOA's arrive, (issued on the 13th)

2007-07-05 Biometrics

2007-07-13 Received RFE (Mailed on July 3rd)

2007-08-06 Returned RFE

2007-10-16 Interview date

2007-10-27 Green Cards Received!

ROC (I-751) Journey:

2009-07-24 Joint I-751 for spouse and daughter sent

2009-08-03 Received NOA1 dated 7/27/09

2009-08-03 Received Receipt and one year extension for wife

2009-08-03 Received "Verification Of Incusion Of A Dependent" for step-daughter

2009-08-27 Biometrics

2009-11-13 Green Cards Received

Citizenship Journey:

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...

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

Maybe marginally????

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

You would need to file this form anyway

3. Is it worth explaining/proving to the consulate about our relationship and plans?

For a visitor visa, it may actually be a red-flag

4. Is buying a round trip ticket before the interview as proof of her return effective?

Generally not a good idea to book the ticket before visa issuance.

...

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

No. The requirement of the K-1 is of marriage WITHIN 90 DAYS, IN US.

Edited by CherryXS

2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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You can find your answers here. Given the way you have explained your situation, a visitor's visa is the only option.

http://www.embaixada-americana.org.br/inde...amp;itemmenu=58


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.

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First off, a fiance/e visa is intended for fiances and though it might be used for the purposes you are proposing, nobody here will tell you to do so, as that will probably be construed as visa fraud. That will be a decision you will have to make on your own.

The other thing is that you should know is that the fiance visa is also a HUGE pain in the butt, lol.. and can often take much longer than a visitors visa. If you began the process now (and I say this WITHOUT knowing the Brazil stats) you probably would not be granted a visa before mid-late 2007 anyway.

I am unclear as to whether or not your questions are strictly for the fiance visa purposed however, I would really suggest that you read around the site some - in particular checking out the guides. When you send in the initial K1 petition, the USCIS is looking to get a sense that 1. you have met within the past 2 years and that 2. this is a bona fide relationship. Evidence you have to support that is what is needed. The I-134 and discussions with the consulate come much later.

Best of luck to you... keep doing your research here and feel free to post more questions. There is a point where it all becomes clear.

Mo


timeline.gif

Full timeline can be seen in my profile

PAST - From K-1 to Citizenship (a love story)
K-1: Aug 12, 2006 to Jan 17, 2007 - mailed I-129F
AOS: Feb 26, 2007 - Jul 26, 2007
REMOVING CONDITIONS: May 4, 2009 - Oct 3, 2009
CITIZENSHIP: Nov 27, 2012 - May 9, 2013

Note: I immigrated from Canada, not T&T - the timeline is reflective of this.

PRESENT - IR-5 Story (reuniting a family)
I-130 for Parents - 2013
Aug ?? - mailed I-130 packages for both mother and father
Sept 10 - NOA1 date
Sept 16 - NOA1s received

2014

Feb 25 - got emails saying that the cases had been transferred to another office for processing

Feb 26 - got emails saying that the cases have been transferred to my local office for processing

Feb 28 - got emails saying that the cases have been transferred and are being processed

Mar 17 - got email, attached to one case number only, saying that my A number was changed relating to the I-130 filing

Mar 18 - got emails saying that the petitions are approved smile.png




Visit my website Dancing Light Stained Glass Studio to view my work.

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But then again, also keep in mind that if she enters the US with a tourist visa with the intent to marry, this is also considered fraud and she may face some difficulties when trying to Adjust status. :thumbs:

I am just pointing this out okay, in no way am I implying that you would do something illegal (I once posted this comment on someone else's post and was bashed for it).


* * * * * * * * * K-1 VISA * * * * * * * * * * * *

06/21/06: Submitted I-129F to the CSC

10/18/06: NOA2 DATE

01/29/07: MEDICAL IN CDJ

01/30/07: INTERVIEW in CDJ **My fiance receives his visa**

03/31/07-04/08/07: I leave to Mexico and bring back my fiance

04/08/07: U.S. ENTRY at LAX

04/23/07: Married in Vegas

* * * * * * * *AOS, AP, & EAD * * * * * * * * * *

05/24/07: Submitted AOS, AP, EAD

06/01/07: NOA1 for AOS & EAD, NOA1 for AP missing, but they received forms

06/06/07: TOUCHED (AOS, AP, EAD)

06/23/07: RFE for I-864 paperwork

07/03/07: Biometrics for AOS & EAD

07/03/07: TOUCHED (EAD)

07/07/07: Submitted response to RFE

07/18/07: TOUCHED (AOS) They received RFE response

08/08/07: AP APPROVED

08/10/07: EAD APPROVED

10/17/07: AOS interview in Los Angeles -- APPROVED, pending name check :(

02/08/08: Name check has cleared, Notice welcoming new resident is mailed out

02/12/08: Card Production ordered, woohoo

02/15/08: Notice welcoming new resident is received

02/21/08: GREEN CARD IN HAND

08/23/08: After 7 years together . . . Religious wedding ceremony and HUGE PARTY in Jalisco, Mexico (we deserve it)

08/24-08/30: Spend our honeymoon in Acapulco, Mexico

Link to video clip of our wedding: http://www.youtube.com/user/dstradaproducc...f/1/wHiId9HZVRc

Nov. 2009: File to Remove Conditions

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But then again, also keep in mind that if she enters the US with a tourist visa with the intent to marry, this is also considered fraud and she may face some difficulties when trying to Adjust status. :thumbs:

I am just pointing this out okay, in no way am I implying that you would do something illegal (I once posted this comment on someone else's post and was bashed for it).

Good point too. Yea I'm definitely not trying to defraud any system at all. There is a system in place and I definitely intend the follow it. The hardest part being dealing with the consulate here in Brazil. Anyways we would get married in Brazil and there is no hidden "intent" that would compromise her visa status.

But you guys definitely cleared up the biggest question for me - K1 or Tourist and obviously I see clearly now that the tourist visa is the way to go. Since this is a forum focusing on K1, I'll do some more research and hopefully some time next year I'll be asking questions about immigration logistics! :)

Thanks for the replies and if you feel open to give more input I'll definitely take it!

Edited by 195

AOS, AP:

02-09-07 - Legally Married

02-20-07 - AOS and AP mailed to Chicago

02-27-07 - NOA1

03-15-07 - Biometrics done

03-19-07 - AP Approved (AP was expedited. Emergency Advance Parole done at the immigration office)

03-26-07 - AOS Interview on 5/17

Advance Parole Approved in under 30 days.

Just under 90 days from AOS filing to AOS interview. Not bad! :)

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But then again, also keep in mind that if she enters the US with a tourist visa with the intent to marry, this is also considered fraud and she may face some difficulties when trying to Adjust status. :thumbs:

I am just pointing this out okay, in no way am I implying that you would do something illegal (I once posted this comment on someone else's post and was bashed for it).

Good point too. Yea I'm definitely not trying to defraud any system at all. There is a system in place and I definitely intend the follow it. The hardest part being dealing with the consulate here in Brazil. Anyways we would get married in Brazil and there is no hidden "intent" that would compromise her visa status.

But you guys definitely cleared up the biggest question for me - K1 or Tourist and obviously I see clearly now that the tourist visa is the way to go. Since this is a forum focusing on K1, I'll do some more research and hopefully some time next year I'll be asking questions about immigration logistics! :)

Thanks for the replies and if you feel open to give more input I'll definitely take it!

If you're getting married in Brazil, you won't be applying for a K1... you'll need a K3.


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.

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My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Thing is, part of the requirement for a fiancee visa is a signed letter of intent to marry (from each party) within 90 days of entry into the US.

How do you propose to have her sign her inetent to marry before you pop any questions? hmmmm?

And she'd also need to state the fact that she intends to marry you at the consulate interview.

May want to do a visitor visa if you're not sure about marriage just yet.

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My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Since it's generally a pain in the butt to get a single person getting approved, would I be better off trying something like a fiance visa? The thing is I don't arrange plans to get married yet. I'm looking to wait until mid-late 2007.

I understand they want to see ties for her in Brazil but quite frankly they are just the basics (bank account, lives with parents, etc). However she does have her semester starting up again which she can prove she will have to go to.

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

3. Is it worth explaining/proving to the consulate about our relationship and plans?

4. Is buying a round trip ticket before the interview as proof of her return effective?

5. Does my Brazilian address (on top of my US address) give me any sort of leverage?

6. Does my CPF, brazilian bank account, etc give me any leverage? (I am living here on a tourist Visa).

7. Would showing my passport of regular visits to Brazil every 3 months give leverage?

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

Just to keep it on topic, I am blessed to be able to work from home for a large US company. Hence I do regular trips to Brazil since I can just use the internet to work.

Thank you VERY much in advanced and I really appreciate it :D

Hello,

If you want her to come to the US and get married, you can do so but take care that you marry atleast after the period of 90 days. Otherwise the Govt has a 30-60 day rule under which she can be charged of fraud and having a immigrant intent. If she says in the CP interview that she is coming to visit her fiancee or boyfriend she wil be denied the visa.

The best way to go about is the K-1 visa which will take about 6-7months and there is no way that she getting more than 90 days to get married to you.

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Apart from all the legalities a fiance visa would require you and your girlfriend to submit letters stating your intent to marry. If you have not yet asked your girlfriend to marry you and not sure about marriage - you might open yourself up to some relationship complications!!!

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jonty,

A rule that's better left un-mentioned, especially if one is going to mis-represent it as you have.

Yodrak

Hello,

If you want her to come to the US and get married, you can do so but take care that you marry atleast after the period of 90 days. Otherwise the Govt has a 30-60 day rule under which she can be charged of fraud and having a immigrant intent. If she says in the CP interview that she is coming to visit her fiancee or boyfriend she wil be denied the visa.

....

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My girlfriend from Brazil has never been to the US and I want her to check it out and make sure she could enjoy living there before I pop any question.

Since it's generally a pain in the butt to get a single person getting approved, would I be better off trying something like a fiance visa? The thing is I don't arrange plans to get married yet. I'm looking to wait until mid-late 2007.

I understand they want to see ties for her in Brazil but quite frankly they are just the basics (bank account, lives with parents, etc). However she does have her semester starting up again which she can prove she will have to go to.

Questions (regarding tourist visa):

1. Does it help if I am there in person? (I am living in Brazil right now)

No.

2. Is an I-134 form effective since I am not a relative and if she is not my fiance (but I am in excellent financial condition)?

3. Is it worth explaining/proving to the consulate about our relationship and plans?

As someone said it might raise some red flags

4. Is buying a round trip ticket before the interview as proof of her return effective?

You don't have to buy the tickets, but it's recomended that you show reservations of a round trip

5. Does my Brazilian address (on top of my US address) give me any sort of leverage?

No

6. Does my CPF, brazilian bank account, etc give me any leverage? (I am living here on a tourist Visa).

No

7. Would showing my passport of regular visits to Brazil every 3 months give leverage?

No. Sorry if I sound rude, but your not the one getting the visa, she is.

8. Is there any 'tricks' to do the fiance visa route without obliging to marriage within 90 days?

No. As others can tell you here, marriage is a serious business and when it comes to K1 - believe me - it's even more serious.

Just to keep it on topic, I am blessed to be able to work from home for a large US company. Hence I do regular trips to Brazil since I can just use the internet to work.

Thank you VERY much in advanced and I really appreciate it :D


The test of courage comes when we are in the minority. The test of tolerance comes when we are in the majority.

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If you want her to come to the US and get married, you can do so but take care that you marry atleast after the period of 90 days. Otherwise the Govt has a 30-60 day rule under which she can be charged of fraud and having a immigrant intent. If she says in the CP interview that she is coming to visit her fiancee or boyfriend she wil be denied the visa.

The best way to go about is the K-1 visa which will take about 6-7months and there is no way that she getting more than 90 days to get married to you.

There is so much wrong with this post that it's not even worth parsing.

Suggest future readers ignore this post and probably most efforts from this poster.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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There is so much wrong with this post that it's not even worth parsing.

Suggest future readers ignore this post and probably most efforts from this poster.

Seems he is know thinking about DCF...

http://www.visajourney.com/forums/index.ph...mp;#entry499188


The test of courage comes when we are in the minority. The test of tolerance comes when we are in the majority.

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