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candyman1958

f1 status to spousal premenant resident

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Filed: Other Country: Philippines
Timeline

i am a natural born american citizen who's ancestors immigrated to america on the mayflower.

here are the facts before my question. i am in my 50's and i recive SSI because i am disabled. i have met a filipina and traveled to her city of cebu and stayed for a week and proposed to her at the shrine of LAPU LAPU, and she said yes. i have read that the manilla embasy will not accept a co-sponsor on a k1 visa aplication. my fiance has a BSN there in the philippines and if she is allowed to come to the usa and work her income alone as a nurse will put us above the minimum income level but because i am on ssi i am considdered to NOT have an income. so i can not sponsor her for k1 visa. so if the consolur will not accept a co sponsor i am left with very few choices. i say i, because it was i who went to meet her and asked for her hand in marriage, not the other way around.

so is it possible that the embasy will accept the co-sponsor on a k1 visa?

if i cant use a co-sponsor to get the visa will any of the following things work?

if i can get her a student visa to attend college here in my city, and we get married right away while she is a student at the college, and if she completes the course of study (about 2 years) and then gets the OPT/ whatever it is called, so she can work in her field of study for 1 year and earn money that gives us as a family income over the minimum amount required for spousal/ fiance visa, can i then get a spousal visa for her since we are man and wife for 3 years before fileing for the spousal or permanent resident status? and just what kind of obsticles will we run into if we try that route?

what would happen if she came here on a f1 student visa and we got married, but she did not leave after graduation and thus would be subject to being banned for 10 years. would they come looking for her? or would they just wait untill she happened to get stoped or questioned by someone who was in law enforcement?

what if she overstayed a student visa, a work visa or simular visa and we were married right after she arrived here.

also what would be the result of her comming here on a student visa and then leaving the united states threw the mexican or canadian border, but then circling back and crossing the border into america like millions have from the southern border. could she wait untill the talk of amninsty actualy comes in play, and be able to stay because she is my wife?

i am prepaired to do what ever is necessary, includeing immigrating to the philippines just so we can be together.

i appreciate all the help anyone can give me!!! thank you

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Filed: Timeline

If she is able to come to the US on a visitor or student visa, you can get married here and she can adjust her status without leaving. NVC does the affidavit of support for spousal visas (CR1/IR1), and they automatically accept co-sponsors. It wouldn't be up to the US Embassy in Manila at that point.

If she came here on a visa, left the country, then tried to enter without inspection through Mexico she would probably be caught and deported, just like the many spouses of US citizens deported every day. She would also get a 10 year ban requiring a waiver and proof of "extreme hardship" if she isn't allowed back, so really that would be a terrible plan.

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If she is able to come to the US on a visitor or student visa, you can get married here and she can adjust her status without leaving. NVC does the affidavit of support for spousal visas (CR1/IR1), and they automatically accept co-sponsors. It wouldn't be up to the US Embassy in Manila at that point.

If she came here on a visa, left the country, then tried to enter without inspection through Mexico she would probably be caught and deported, just like the many spouses of US citizens deported every day. She would also get a 10 year ban requiring a waiver and proof of "extreme hardship" if she isn't allowed back, so really that would be a terrible plan.

You are casting a visa fraud here, don't advise if you don't know what you are talking about. Come on a student visa with clear intention of staying is fraud.


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Filed: Citizen (apr) Country: Ecuador
Timeline

This thread is locked for violations of this precept in the VisaJourney Terms of Service:

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06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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