Potential Red flags for K1 application?

[dlc68 5]

Hi everybody,

I've searched about this, but didn't find a similar thread. I met my fiance in August, 2011 online. She is in the Philippines and I have travelled to meet her twice, most recently in December, 2012, and have documentation of all that. We want to file for a K1 visa to be together in the US, but there are a few items I'm concerned about:

-- She has an active I-140 immigrant petition for alien worker (E3 - Skilled worker), sponsored by an elderly care firm in Vermont. (She's a nurse)

-- She has travelled to the US multiple times (approx. 4 or 5) since 1995 on a tourist visa.

-- She has immediate family (sister and mother's sister) in close proximity to me. Her sister is a US citizen by birth, her aunt via marriage to a US citizen

My concern is these items add up to look like she is more interested in immigrating than marrying me. Do any of you know if these are red flags?

On the positive side, she never over-stayed her tourist visas, and her family is relatively wealthy, at least by Filipino standards. So she doesn't need to be in the US, but it does appear that she wants to be.

BTW, she is willing to withdraw her I-140 if necessary.

Thanks!

[dlc68 5]

Hi everybody,

I've posted this in the K1 forum, but I'm wondering if there might be some challenges here specific to the Philippines, especially considering my fiance is a nurse.

I met my fiance in August, 2011 online. She is in Cebu City and I have travelled to meet her twice, most recently in December, 2012, and have documentation of all that. We want to file for a K1 visa to be together in the US, but there are a few items I'm concerned about:

-- She has an active I-140 immigrant petition for alien worker (E3 - Skilled worker), sponsored by an elderly care firm in Vermont. (She's a nurse)

-- She has travelled to the US multiple times (approx. 4 or 5) since 1995 on a tourist visa.

-- She has immediate family (sister and mother's sister) about 30 minutes by car from me. Her sister is a US citizen by birth, her aunt via marriage to a US citizen

My concern is these items add up to look like she is more interested in immigrating than marrying me. Do any of you know if these are red flags?

On the positive side, she never over-stayed her tourist visas, and her family is relatively wealthy. So she doesn't need to be in the US, but it does appear that she wants to be.

BTW, she is willing to withdraw her I-140 if necessary.

Thanks!

Edited March 17, 2013 by dlc68

[apple21 953]

My concern is these items add up to look like she is more interested in immigrating than marrying me.

Is this what YOU think?

IMO, the facts you've given doesn't look like red flags (to me, at least).

You need to establish a bonafide relationship thru meeting in person and constant communication. During your visits in the Philippines, did you spend time with her family/relatives/friends? Pictures? Have you talked about your jobs? How about your family? Does she know or even talked to your parents or your siblings or even your friends? Your past relationships/marriages? Are there kids involved? Hobbies? Things that interest you both?

[Grant PDX 183]

I don't see those things as red flags. If she wanted to immigrate illegally, she could have come on a tourist visa and stayed... either through overstaying or finding a guy here and AOSing.. I don't think she will be seen as a problem. The world is small, that fact that she met a guy in the same country where she was offered a job is relatively unimportant, in the red flag scheme of things.

I would believe you're ok.

Good luck!

[X Factor 1,110]

I don't see those things as red flags. If she wanted to immigrate illegally, she could have come on a tourist visa and stayed... either through overstaying or finding a guy here and AOSing.. I don't think she will be seen as a problem. The world is small, that fact that she met a guy in the same country where she was offered a job is relatively unimportant, in the red flag scheme of things.

I would believe you're ok.

Good luck!

[X Factor 1,110]

Shouldn't be a problem. Everything was done legal

[dlc68 5]

Thanks, that's what I was thinking.

Do you think it's worthwhile pointing these things out with the I-129F filing, with emphasis that she's always abided by the law?

[Boiler 43,683]

E3's are for Australians and it is unlikely a Nurse would qualify.

[dlc68 5]

E3's are for Australians and it is unlikely a Nurse would qualify.

It's likely a moot point, since the I-140 will likely be withdrawn, but are you sure we're talking about the same thing? I'm talking about this:

http:// travel.state.gov/visa/immigrants/types/types_1323.html#third

Doesn't say anything about Australians.

Edited March 17, 2013 by dlc68

[Boiler 43,683]

E-3 Certain Specialty Occupation Professionals from Australia

The E-3 classification applies only to nationals of Australia. You must be coming to the United States solely to perform services in a specialty occupation. The specialty occupation requires theoretical and practical application of a body of knowledge in professional fields and at least the attainment of a bachelor's degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Eligibility Criteria

To qualify for an E-3 visa, you must demonstrate that you:

Are a national of Australia

Have a legitimate offer of employment in the United States

Possess the necessary academic or other qualifying credentials

Will fill a position that qualifies as a specialty occupation

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=71256811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=71256811264a3210VgnVCM100000b92ca60aRCRD

[dlc68 5]

Interesting. So we are talking about two different things. Thanks!

[Boiler 43,683]

I think you were looking at visa numbers and EB3?

Quite why a company would sponsor someone with a 6 year plus wait I have no idea.

[dlc68 5]

Well, her letter from the State Department says "Preference Category: E3 - Skilled workers". But I do see on the website where they also call it both E3 and EB3.

Frankly, that whole I-140 app with this Vermont company has sounded fishy to me since they day she told me about it. It seems to me to be a scheme to separate alien worker hopefuls from their cash, but she knows more than me about this stuff.

[Boiler 43,683]

There is no cost to an alien worker.

[dlc68 5]

There is no cost to an alien worker.

She's paid quite a bit to a lawyer in Ohio, that this firm conveniently found for her.