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mrbrian

Non citizen oversea: Chinese passport but living in South America

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Filed: Citizen (apr) Country: Brazil
Timeline

Hi,

I have some question about k1 fiance:

After five years, I will be doing oath ceremony at the end of this month. I met a girl outside of United States 2 years ago. I traveled to Brazil to visit her every year. We continued to keep contact. She is Chinese holding a Chinese passport but she has been living in Brazil for 3-4 years. Her family brought her and her sister to Brazil. She finished school in China and is working and helping family. She went to the US consulate to get a visa 2013 around July but they did not give with fear that she will stay in the US.

Since we met, I have been trying to get her to visit US. Right now (as soon as possible), I am thinking to:

1) Try to get her a Canada visa for her to travel there for a week to prove that she only visited canada

2) My mother, who has US visa, will go together with her,her mother, and father to consulate to get a visa. She also owns bussiness and pay taxes in Brazil as a proof that she will not leave her business in Brazil.

3) For fiance k1 request, when can I start to file it? How long will it take? I do not have picture but I have proof of traveling to Brazil. Can I marry my spouse on the 89th or 90th day?? Or can we get extension??

Can I do 1&2 first? If she get rejected again, will she have problem with fiance k1?? I want her to get visa because we will have more than 90 days to test our relationship together as a couple.

Thank you!!!

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For a K1 visa, you need to have met in person once within the last 2 years. You can prove this with passport stamps and airline receipts/tickets, but you would need at least a few pictures together. Also, you need proof of an ongoing relationship, i.e. chats/emails/phone records/gifts/receipts/etc.

It may be easier for your mom to get a tourist visa if she has her own business. For your fiancé, she needs to prove her own ties to Brazil.

Since you have already met in person within the last 2 years and you are a USC, you can file now as long as you both meet all the other requirements.

She can apply for a tourist visa again, but it won't affect her fiancé visa if she gets denied.

Also, you said you want to test out the relationship, if you aren't ready as a couple I wouldn't file anything until you are sure that you want to be together. There are plenty of people here who rush into getting married and it results in mayhem afterwards. You have weigh all of your options and get to know each other better.


This does not constitute legal advice.

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Filed: K-1 Visa Country: Philippines
Timeline

hi agree with Ian H. you have to provide lots of evidence that your relationship is genuine. my fiancee just submitted our petition last week and still waiting for the NOA1. weve collected lots of evidence, emails cards gift receipts chat logs skype logs pictures when she visited me boarding passes and ticket etc. and theres no extension for k1 visa, you have to get married within 90 days.

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