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Filed: H-2B Visa Country: Australia
Timeline
Posted

I am a USC who has been in Israel with my girlfriend for the past 9 months. We want to do either a fiance/marriage visa. I am trying to get permission to stay in Israel so I can be with her while we wait on a fiance visa. There is a chance I will not be able to stay and if I get deported, a very good chance they will not let me back in. Thus, we are considering staying here for as long as possible and then spending the last few months in Canada or another country.

Would she have to return to Israel to finish the process (the interview or anything else) or is there any way we could finish it at the embassy of Canada or another country? Would it be different if we did a marriage visa instead of a fiance visa?

Thanks so much.

Filed: Country: Monaco
Timeline
Posted

She will have to complete her process in the country where she resides, i.e. Israel, no matter if you do a fiancee or spouse visa. It also behooves her to do it in Israel lest there be documents to be translated. [were she to do it in another country]

Good luck!

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Filed: H-2B Visa Country: Australia
Timeline
Posted

Why would you risk getting deported in your future wife's country? Don't you want to visit ever in your life?

When I say deported, I mean ordered to leave (within 2 weeks), not actually being physically taken away.

The way I'm trying to get status is by applying for a visa based on our relationship. It's meant for couples of mixed religions since there is no interfaith marriage in Israel. They denied that visa and we are currently appealing. If the appeal fails, I will be ordered to leave. My lawyer informed me though that it is unlikely they will let me back in the country for a long time even on a tourist visa because they will think I want to stay permanently.

Posted

You say you guys are not married... so how can you get a visa based on marriage?

I just think that a few months apart, even a year apart, is worth it, so that you two can visit when you want during your lives together.

Fiance visas are going pretty fast now, at least at most service centers.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: H-2B Visa Country: Australia
Timeline
Posted

You say you guys are not married... so how can you get a visa based on marriage?

I just think that a few months apart, even a year apart, is worth it, so that you two can visit when you want during your lives together.

Fiance visas are going pretty fast now, at least at most service centers.

The Israeli visa is based on our relationship, not marriage. It's also used for same-sex couples because just like interfaith couples, they are not allowed to marry either.

Posted

The Israeli visa is based on our relationship, not marriage. It's also used for same-sex couples because just like interfaith couples, they are not allowed to marry either.

Okay, but you can marry, just not in Israel. Many people go to Cyprus. Israel will then recognize the marriage.

But, you entered on a tourist visa and are trying to stay, knowing that you can't leave because you won't be allowed back because you don't have the proper visa.

Anyway, to answer your question, she will have to finish the US visa process in Israel.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted

The 3rd country DCF is kinda a pipe dream.

Consider this: You'd have to live in that country for 6+ months in most if not all cases to be eligible for DCF. So you'd have to figure out how to stay legally in that country (that happens to have DCF) for that long of a period then you've got ~3 months for the IR DCF to process. Marriage could be anywhere but there might be a few eyebrows raised since what you'd be doing was unusual. Generally DCF involves a spouse from the country that the US Citizen is living in. Not sure if she also has to be a resident and each embassy might have different criteria.

So you're looking at 9 months in another country as part of your potential DCF path with 9 months of living expenses to stay together.

Compare that to: K-1 application, ~7ish months. You guys go to whatever country you'd like during that if you get kicked out as a tourist or resident or whatever they'd let you do. She goes back to Israel once the petition gets shipped there and has the interview and you get married in the US.

You're going to have the rest of your lives. It isn't easy but there's Skype and a lot of other options out there. Unless cost has no factor at all or you can work remotely for 9 months the K-1 seems like your best bet with a fairly brief interruption (which can be lessened by an extra country meeting or stay where you both can be for a bit. I'd wager a ticket for her back to Israel is a lot cheaper than 9 months of rent and 2 extra flights.

Posted

Otherwise, you would have to find out the result of your appeal, and if you lose, you need to find out how long you will have to wait until you can return and then plan accordingly as far as filing for K-1, since you may have to attend the interview in Israel ... Unless you are able to state your case to the emabssy as to why you are not there (*because you can'tenter the country*), and then they may be able to do the interview w/o you there and could still get approved.

Jan 25, 2014: I-129F Sent

Feb 13, 2014: NOA1

Apr 15,2014: NOA2 Notice Via USCIS Web Site

Apr 22, 2014: NOA2 Received In Postal Mail

Apr 28: 2014: NVC Received

Apr 30: 2014: NVC Left

May 09, 2014: Embassy Received

Jul 08, 2014: Interview - Approved - CEAC Status Ready

Jul 14 2014: CEAC updated but still READY Status

Jul 16 2014: CEAC Status changed to Administrative Processing

Jul 22 2014: CEAC Status changed to Issued

Jul 28 2014: VISA received

Aug 06 2014: U.S. Arrival (Ft. Lauderdale POE)

Children (3 kids)

Apr 28 2015: Filed I130 petition for each child

Aug 21 2015: Notice from USCIS that all 3 petitions transferred to California Service Center

Sep 17 2015: Approval for all 3 petitions

Nov 12 2015: Paid one AOS fee for all 3 children

Nov 13 2015: Paid separate IV fees for all 3 children

Dec 04 2015: Filed Affidavit of Support (I864) for each child

Jan 12 2016: Received RFE for missing birth certificate from one of the kids packet

Jan 13 2016: Sent in RFE evidence ( birth certificate copy .... again O_o )

Jan 19 2016: Received notice that they received the RFE evidence

Feb 22 2016: Called and found out another RFE was being sent out about birth certificate

Feb 24 2016: Sent in (inextensa versions, not de acta versions) of birth certificates for all children

Mar 02 2016: Received notice that they received the RFE evidence

Mar 11 2016: NVC Process finished, now awaiting interview time slot to be scheduled

Mar 29 2016: Called NVC and found out today they scheduled interview

Apr 01 2016: Received Packet 4 notice via e-mail with interview date

Apr 25 2016: Children received P4 letters in the mail

May 19 2016: Interview

Jun 03 2016: Received Visas

Jul 06 2016: Travel to US

 
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