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conquistador

Fiancee visiting on tourist visa

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I am USC, fiancee lives abroad.  I filed for her K1 visa in November.  She is planning to visit for 3 weeks on a tourist visa.  She has visited several times previously on tourist visas and never overstayed her visa, but all those times were before we filed for the K1.  We did a religious wedding in her country in November, but are still not legally married.  She lost her full-time job last year, and has been living with her mother since then, with only occasional self-employment work.  Now we are worried that it will be difficult for her to prove strong ties to her country when she visits.  I did a little research on here, and I saw some people suggest bringing the NoA and show that she came on a round-trip ticket would help.  She also has ownership of an apartment in her name, but she doesn't actually live there (the way she explained it to me, a family member paid for the apartment, but put it in her name because she is single, and it saves taxes somehow) 

 

1.  I know there are no guarantees, but do you think it's likely that she will be allowed into the US this time?

2.  Any other suggestions on how she could prove strong ties?

3.  Would changing the length of her visit make any difference?  If we made it shorter, would she be more likely to be allowed in?  If we made it longer once she gets here, would that cause any problems in the visa process, as long as she returns before the visa expires? 

4. Would bringing evidence of ownership of the apartment be helpful to prove strong ties?  

5. Regarding the apartment, I put the apartment that is in her name as her current address on the 129, before she explained the full story on it.  Do you think that could cause any problems for us later on?  When we do our interview, are they likely to ask us what her current address is?  

 

Any advice would be greatly appreciated.  Feel free to move to another forum if it's more appropriate.  I wasn't sure where to put this.  

 

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26 minutes ago, conquistador said:

I am USC, fiancee lives abroad.  I filed for her K1 visa in November.  She is planning to visit for 3 weeks on a tourist visa.  She has visited several times previously on tourist visas and never overstayed her visa, but all those times were before we filed for the K1.  We did a religious wedding in her country in November, but are still not legally married.  She lost her full-time job last year, and has been living with her mother since then, with only occasional self-employment work.  Now we are worried that it will be difficult for her to prove strong ties to her country when she visits.  I did a little research on here, and I saw some people suggest bringing the NoA and show that she came on a round-trip ticket would help.  She also has ownership of an apartment in her name, but she doesn't actually live there (the way she explained it to me, a family member paid for the apartment, but put it in her name because she is single, and it saves taxes somehow) 

 

1.  I know there are no guarantees, but do you think it's likely that she will be allowed into the US this time?

2.  Any other suggestions on how she could prove strong ties?

3.  Would changing the length of her visit make any difference?  If we made it shorter, would she be more likely to be allowed in?  If we made it longer once she gets here, would that cause any problems in the visa process, as long as she returns before the visa expires? 

4. Would bringing evidence of ownership of the apartment be helpful to prove strong ties?  

5. Regarding the apartment, I put the apartment that is in her name as her current address on the 129, before she explained the full story on it.  Do you think that could cause any problems for us later on?  When we do our interview, are they likely to ask us what her current address is?  

 

Any advice would be greatly appreciated.  Feel free to move to another forum if it's more appropriate.  I wasn't sure where to put this.  

 

Hopefully you didn’t send any pictures of said religious wedding. Either way cancel the k-1 get legally married and file the CR1. Save yourself some time and the hassle of a denial.

 

as for visiting you on a b2 no one can say what her odds are of entering because each time is up to the CBP at POE but if she doesn’t have strong ties to her home country like you’ve said it’s gonna be tough. I would scratch her US visit, and you should go back to her country and get legally married and file the CR1.


K-1 VISA

I129F Sent: 08/23/2017

NOA 1: 08/25/2017

NOA 2: 02/27/2018

NVC Received: 03/14/2018

NVC Case #: 03/15/2018

NVC Left: 03/24/2018

Embassy Received: 03/28/2018

Medical: 05/08/2018

Interview: 05/15/2018 

Visa issued: 05/18/2018

Visa received: 05/23/2018 

 

AOS

POE: 06/07/2018

SSN applied: 06/12/2018

SSN received: 06/28/2018

AOS Sent: 07/27/2018

Biometrics: 08/23/2018

Interview: 10/30/2018

Approval: 10/30/2018 

NOA2: 11/05/2018

Green card Received: 11/08/2018

 

 

NO MORE USCIS UNTIL ROC!!!!!😁

 

 

 

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Congrats you are married for Immigration purposes.   File the I-130.

 

As for a tourist visa - what country is she from?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry

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I’m sorry but you filed the wrong visa. Even though you guys are not “legally” married, you guys are “married” because a religious wedding is still a WEDDING. That is too married to USCIS and tons of people get denied because of this. You need to cancel the K1 Visa and file the CR1 before you waste anymore time waiting on this visa. 


 

 

 

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Posted (edited)

She is from Peru.  I spoke to an immigration lawyer about it a long time ago, and the lawyer told me if Peru doesn't consider us married, (which they don't, because to be legally married in Peru you need to do a civil wedding) USCIS wouldn't consider us married, so I could do the fiancee visa.  Do you think I misunderstood the lawyer, or perhaps you are generalizing your experiences from countries that have different laws?  

Edited by conquistador

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If you did religious wedding then absolutely UsCIS will consider you married. People from many countries were denied because of those ceremonies. 

 

Please fire your attorney. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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7 minutes ago, conquistador said:

She is from Peru.  I spoke to an immigration lawyer about it a long time ago, and the lawyer told me if Peru doesn't consider us married, (which they don't, because to be legally married in Peru you need to do a civil wedding) USCIS wouldn't consider us married, so I could do the fiancee visa.  Do you think I misunderstood the lawyer, or perhaps you are generalizing your experiences from countries that have different laws?  

Fire your immigration lawyer. They should know better. NEVER have any sort of ceremony that looks like a wedding or any sort of wedding whilst applying for a fiancee visa. Here are examples for you to look at:

 

 


 

 

 

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43 minutes ago, conquistador said:

She is from Peru.  I spoke to an immigration lawyer about it a long time ago, and the lawyer told me if Peru doesn't consider us married, (which they don't, because to be legally married in Peru you need to do a civil wedding) USCIS wouldn't consider us married, so I could do the fiancee visa.  Do you think I misunderstood the lawyer, or perhaps you are generalizing your experiences from countries that have different laws?  

It's not only the USCIS but the embassy as well


YMMV

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8 hours ago, JFH said:

Which country is she from? The religious wedding could be a huge problem, bigger than the tourist visa issue. 

I appreciate everyone trying to help.  I spoke to another lawyer today, via the link on this website, who also told me that as long as Peru doesn't consider us married, we should be fine.  Every country has different laws for marriage, and every situation is different, so I don't want to jump to the conclusion that just because some other people who had different situations had their visa rejected, I should assume that mine will be also.  I think I'm going to take the legal advice of two immigration lawyers over the good intentions of non-lawyers on the internet.  The other factor is, if we wanted to start over with the CR1 visa, I probably wouldn't be able to travel to Peru for a civil wedding for at least a couple months anyway, so waiting to see how the fiancee visa plays out seems like the better option for us.  I'll try to remember to keep you posted on how it turns out.  I suspect that many people do what we are doing and have their visas approved, but the smaller number who get theirs denied are more likely to complain about it on the internet.  

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30 minutes ago, conquistador said:

I appreciate everyone trying to help.  I spoke to another lawyer today, via the link on this website, who also told me that as long as Peru doesn't consider us married, we should be fine.  Every country has different laws for marriage, and every situation is different, so I don't want to jump to the conclusion that just because some other people who had different situations had their visa rejected, I should assume that mine will be also.  I think I'm going to take the legal advice of two immigration lawyers over the good intentions of non-lawyers on the internet.  The other factor is, if we wanted to start over with the CR1 visa, I probably wouldn't be able to travel to Peru for a civil wedding for at least a couple months anyway, so waiting to see how the fiancee visa plays out seems like the better option for us.  I'll try to remember to keep you posted on how it turns out.  I suspect that many people do what we are doing and have their visas approved, but the smaller number who get theirs denied are more likely to complain about it on the internet.  

Well you know the risk, please update us on how this goes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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43 minutes ago, conquistador said:

I appreciate everyone trying to help.  I spoke to another lawyer today, via the link on this website, who also told me that as long as Peru doesn't consider us married, we should be fine.  Every country has different laws for marriage, and every situation is different, so I don't want to jump to the conclusion that just because some other people who had different situations had their visa rejected, I should assume that mine will be also.  I think I'm going to take the legal advice of two immigration lawyers over the good intentions of non-lawyers on the internet.  The other factor is, if we wanted to start over with the CR1 visa, I probably wouldn't be able to travel to Peru for a civil wedding for at least a couple months anyway, so waiting to see how the fiancee visa plays out seems like the better option for us.  I'll try to remember to keep you posted on how it turns out.  I suspect that many people do what we are doing and have their visas approved, but the smaller number who get theirs denied are more likely to complain about it on the internet.  

As long as you know what you're getting into. You may be fine. You may be wasting months + fees. Your call.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, conquistador said:

I appreciate everyone trying to help.  I spoke to another lawyer today, via the link on this website, who also told me that as long as Peru doesn't consider us married, we should be fine.  Every country has different laws for marriage, and every situation is different, so I don't want to jump to the conclusion that just because some other people who had different situations had their visa rejected, I should assume that mine will be also.  I think I'm going to take the legal advice of two immigration lawyers over the good intentions of non-lawyers on the internet.  The other factor is, if we wanted to start over with the CR1 visa, I probably wouldn't be able to travel to Peru for a civil wedding for at least a couple months anyway, so waiting to see how the fiancee visa plays out seems like the better option for us.  I'll try to remember to keep you posted on how it turns out.  I suspect that many people do what we are doing and have their visas approved, but the smaller number who get theirs denied are more likely to complain about it on the internet.  

If you submitted pictures or anything about this religious ceremony in your I-129F you’re almost 100% likely to be denied for being too married for the k-1. If you didn’t then don’t for the future and don’t mention it (unless asked which is unlikely but if asked always be honest).

 

Also just because they are a lawyer doesn’t mean you should take everything they say as truth. I can think of a number of things lawyers told me prior to filing out k-1 that after my own research I found out to be completely wrong. Hence why I never hired a lawyer for the k-1 (😂). It’s always important to look into things yourself and take everything into consideration. Let us know how this turns out....


K-1 VISA

I129F Sent: 08/23/2017

NOA 1: 08/25/2017

NOA 2: 02/27/2018

NVC Received: 03/14/2018

NVC Case #: 03/15/2018

NVC Left: 03/24/2018

Embassy Received: 03/28/2018

Medical: 05/08/2018

Interview: 05/15/2018 

Visa issued: 05/18/2018

Visa received: 05/23/2018 

 

AOS

POE: 06/07/2018

SSN applied: 06/12/2018

SSN received: 06/28/2018

AOS Sent: 07/27/2018

Biometrics: 08/23/2018

Interview: 10/30/2018

Approval: 10/30/2018 

NOA2: 11/05/2018

Green card Received: 11/08/2018

 

 

NO MORE USCIS UNTIL ROC!!!!!😁

 

 

 

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If you do a search on this website for "k1 denial due to ceremony" or any variation of that, many search results will come up from many different countries. It happens ALL the time and we see it often on this site. Do yourself and your fiancée/wife a favor. Cancel the K1, get fully and legally married somewhere and start the CR1. CR1 has a lot of advantages over K1 anyways.

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