am i able to petition for my fiance soon to be husband

[tom&tanya 48]

If they believe that the USC petitioner used a USC to come to the US and the marriage was entered into for immigration purposes they could strip all benefits away including citizenship. That is one difference between a natural born USC and one granted citisenship later. Cheat to get it and it can be taken away. K1 isn't an easier visa than an I130. It is based on the same underlying CFR code.

[tom&tanya 48]

If they believe that the USC petitioner used a USC to come to the US and the marriage was entered into for immigration purposes they could strip all benefits away including citizenship. That is one difference between a natural born USC and one granted citisenship later. Cheat to get it and it can be taken away. K1 isn't an easier visa than an I130. It is based on the same underlying CFR code.

And no, a K-1 is not based on ANY CR code, it's a non-immigrant visa. After the marriage, only when the beneficiary applies for AOS does it become CR-1

[ceadsearc 515]

Not off topic, it was in response to your "I don't believe there is one rule for one person and another for another person" response. NigeriaorBust was explaining why.

Second, Harpa never said the VJ Guides replaced USCIS. She said I-130 instructions, which are provided by USCIS. You are right, I-129F is a fiancé visa which can only be filed by a USC so it may not matter.

But, it is a common scam for immigrants to marry someone for a GC, divorce and then marry their real (foreign) partner and petition them. So yes, USCIS can and does scrutinize past relationships. They can ask either one of you about it and the person who was NOT previously married would be expected to know about their ex's relationship and divorce. You may not have been scrutinized but plenty of people are.

And no, a K-1 is not based on ANY CR code, it's a non-immigrant visa. After the marriage, only when the beneficiary applies for AOS does it become CR-1

A K-1 applicant who adjusts status does NOT become a CR-1 or receive a CR-1 visa. That is totally separate.

[NigeriaorBust 4,087]

And no, a K-1 is not based on ANY CR code, it's a non-immigrant visa. After the marriage, only when the beneficiary applies for AOS does it become CR-1

CFR code , the code of federal regulations Maybe if you took more time to read what is written you wouldn't be posting so many wrong responses.

[tom&tanya 48]

it's hard to understand why you continue to defend your position when it's crystal clear you are wrong. The OP asked if they can petition her fiance. ... She can. She can apply for a K-1 visa. Period.

Don't worry, you sometimes will be wrong. You're human.

[tom&tanya 48]

Not off topic, it was in response to your "I don't believe there is one rule for one person and another for another person" response. NigeriaorBust was explaining why.

Second, Harpa never said the VJ Guides replaced USCIS. She said I-130 instructions, which are provided by USCIS. You are right, I-129F is a fiancé visa which can only be filed by a USC so it may not matter.

But, it is a common scam for immigrants to marry someone for a GC, divorce and then marry their real (foreign) partner and petition them. So yes, USCIS can and does scrutinize past relationships. They can ask either one of you about it and the person who was NOT previously married would be expected to know about their ex's relationship and divorce. You may not have been scrutinized but plenty of people are.

A K-1 applicant who adjusts status does NOT become a CR-1 or receive a CR-1 visa. That is totally separate.

Yes, you are correct, I meant CF-1

Edited July 29, 2012 by tom&tanya

[tom&tanya 48]

And by the way, you can all go ahead and tell this poor girl that she can't petition her fiance and scaring her for no good reason except you like to sound as if your so knowledgeable, I hope you feel important. I'm done.

[NigeriaorBust 4,087]

it's hard to understand why you continue to defend your position when it's crystal clear you are wrong. The OP asked if they can petition her fiance. ... She can. She can apply for a K-1 visa. Period.

Don't worry, you sometimes will be wrong. You're human.

Not wrong, the form instructions and the forms themselves are based on volumes of CFR codifications. Some forms present different parts of the rules better than others. If I were the OP I would wait if needed to the 5 year date. It would be better than listen to your advise who has nothing to lose and then deal with a rejected petition for not hitting 5 years. The 5th year should be sometine in 2012 per the OP's original post and probably already past as we are 8 months into 2012

[ceadsearc 515]

OP, if I were you I would call USCIS and ask to speak to a supervisor/tier 2 person or make an Infopass appointment to verify. I can't find anything in the I-129F instructions nor the code regarding the 5 years if you are an LPR to suggest you have to wait if you are a USC (though obviously it may create suspicion), but best to verify with USCIS themselves.

[Anh map 2,098]

I would hardly call asking the beneficiary questions that they could have only scant second hand knowledge of "Scrutiny"

which actually means:

scru·ti·ny

 

1.a searching examination or investigation.2.surveillance; close and continuous watching or guarding.3.a close and searching look.

Thinking that a beneficiary only needs to have scant knowledge of the petitioner's prior marriages shows a lack of understanding of the immigration process on your part.

[Xanax 349]

Off topic- but some people need to step back and look at the way they are talking to others

Edited July 30, 2012 by Xanax