Overstay - k1- visa interview soon

[aaron2020 11,651]

Just now, Katelyn said:

If I knew that then, trust me I would have done it. I was 18 and I had 0 knowledge on any of this. And I made the mistake of trusting someone who shouldn’t have been trusted. My only question is, is there a high chance she’ll Be denied at then k-1 visa interview?

There is no basis to deny based on 120 days overstay.  They can deny for other reasons.  

[Katelyn 2]

Just now, aaron2020 said:

There is no basis to deny based on 120 days overstay.  They can deny for other reasons.  

Okay, thanks for the advice. If I knew any of this I would have done it. And Other reasons as? 

The entire process has gone good, we haven’t had any RFE’s, we’re close in age, i do have a co sponsor though. Is that an issue? 

And idk if you can answer this but my co sponsor Is my mother, but my parents file taxes jointly. Can just my mother do the I-134 and just include my dad W2’s Incase they ask about the joint taxes returns? 

[aaron2020 11,651]

Just now, Katelyn said:

Okay, thanks for the advice. If I knew any of this I would have done it. And Other reasons as? 

The entire process has gone good, we haven’t had any RFE’s, we’re close in age, i do have a co sponsor though. Is that an issue? 

And idk if you can answer this but my co sponsor Is my mother, but my parents file taxes jointly. Can just my mother do the I-134 and just include my dad W2’s Incase they ask about the joint taxes returns? 

Other reasons:  Not meeting Affidavit of Support requirements.   Criminal record.  Lack of bona fide relationship.  

 

I am not saying they could or would deny your fiancee's case.  These are some of the grounds that has resulted in denials for others.

 

Don't know if Canada accepts co sponsor for the I-134.  Someone else will be able to answer this.

 

Your mother can not include your father's income.   Talk to your lawyer to see what you should do.  

[Katelyn 2]

3 minutes ago, aaron2020 said:

Other reasons:  Not meeting Affidavit of Support requirements.   Criminal record.  Lack of bona fide relationship.  

 

I am not saying they could or would deny your fiancee's case.  These are some of the grounds that has resulted in denials for others.

 

Don't know if Canada accepts co sponsor for the I-134.  Someone else will be able to answer this.

 

Your mother can not include your father's income.   Talk to your lawyer to see what you should do.  

They accept co sponsors. My mom meets the requirements on her own, so she’s the only co sponsor, I just wasn’t sure if they would need proof of the other person income since the tax returns include my father as well. 

Thanks for your help 

[myjourney2018 52]

 

1 minute ago, Katelyn said:

They accept co sponsors. My mom meets the requirements on her own, so she’s the only co sponsor, I just wasn’t sure if they would need proof of the other person income since the tax returns include my father as well. 

Thanks for your help 

for the I-134, ask your mother to get a tax transcript, it will show all the necessary info/details.  Won't need to include your dad's W2.  

Edited March 23, 2019 by myjourney2018

[wxman22 109]

Back in the day, 30 years ago, I was given the same advice. My fiancee was in USA with me when we decided to get married. 

We filed K-1, she left and returned 4 months later with K-1 Visa.

 

At that time, the understanding was it was much simpler and better to file for K-1, then to come on tourist visa, get married and then have to prove that was not your intent. 

 

So, in spite of some comments here that seem black and white, it's not.

If you already knew her, she came to see you to visit and then stay to marry. It's easy to make the case that her tourist visa was wrong. 

 

Visas have been denied for that. Again, at least in the past. 

No place in immigration law does it say that once you marry an American, you get an automatic visa.

 

So, don't be so hard on yourself. You took good advice.

[Boiler 43,388]

4 minutes ago, wxman22 said:

Back in the day, 30 years ago, I was given the same advice. My fiancee was in USA with me when we decided to get married. 

We filed K-1, she left and returned 4 months later with K-1 Visa.

 

At that time, the understanding was it was much simpler and better to file for K-1, then to come on tourist visa, get married and then have to prove that was not your intent. 

 

So, in spite of some comments here that seem black and white, it's not.

If you already knew her, she came to see you to visit and then stay to marry. It's easy to make the case that her tourist visa was wrong. 

 

Visas have been denied for that. Again, at least in the past. 

No place in immigration law does it say that once you marry an American, you get an automatic visa.

 

So, don't be so hard on yourself. You took good advice.

Huh?

 

We are talking about adjusting no visa needed.

[aaron2020 11,651]

18 minutes ago, wxman22 said:

Back in the day, 30 years ago, I was given the same advice. My fiancee was in USA with me when we decided to get married. 

We filed K-1, she left and returned 4 months later with K-1 Visa.

 

At that time, the understanding was it was much simpler and better to file for K-1, then to come on tourist visa, get married and then have to prove that was not your intent. 

 

So, in spite of some comments here that seem black and white, it's not.

If you already knew her, she came to see you to visit and then stay to marry. It's easy to make the case that her tourist visa was wrong. 

 

Visas have been denied for that. Again, at least in the past. 

No place in immigration law does it say that once you marry an American, you get an automatic visa.

 

So, don't be so hard on yourself. You took good advice.

What?  You are so completely 100% wrong.  30 years ago is not today.  Laws have changed.  Matter of Batista and Matter of Cavazos was a major change.  It's pretty black and white that he took bad advice from both lawyers when she could have stayed, married, and legally adjust her status without the overstay being a problem.  

 

Canadians do not need tourist visas.  

 

Once again, it's perfectly legal for a person who legally entered the US as a tourist to marry a US citizen and file to adjust status and that immigrant intent at time of entry is not a basis to deny AOS.   In Matter of Batista and Matter of Cavazos, the immigration court ruled that immigrant intent alone is not a basis for denying the AOS of an Immediate Relative of a US citizen unless the person lied at the time of entry.  

 

They could have married and adjust status in the US without the need for any visa.

 

He absolutely did not take good advice.  He took extreme bad advice from the first attorney to file for a K-1 visa when his fiancee was already in the US and could marry and adjust status.  He took extremely bad advice from the second attorney for her to leave because she overstayed when it was perfectly good for them to marry and adjust status without the overstay being a problem.  

Edited March 23, 2019 by aaron2020

[carmel34 3,523]

10 hours ago, Katelyn said:

My only question is, is there a high chance she’ll Be denied at then k-1 visa interview?

Impossible to predict probability of denial as it will be the CO's decision after the interview.  She should be prepared with all documents, answer all questions truthfully, and hope for the best.  Based on what you've posted already you have a co-sponsor that meets the requirements so you should be fine but we don't know all the details of your case and no one knows how a CO will judge the facts.  No one can predict how your fiancee will answer questions at the interview or the CO's reaction to what she says.  If her interview is soon and all goes well you should be together again in the US shortly and can file for AOS after marriage in the US so good luck and congratulations on your upcoming marriage!

[nullaccount234 882]

9 hours ago, aaron2020 said:

Once again, it's perfectly legal for a person who legally entered the US as a tourist to marry a US citizen and file to adjust status and that immigrant intent at time of entry is not a basis to deny AOS.   In Matter of Batista and Matter of Cavazos, the immigration court ruled that immigrant intent alone is not a basis for denying the AOS of an Immediate Relative of a US citizen unless the person lied at the time of entry.  

So you can enter on say VWP with immigrant intent and that's fine - except that it's basically impossible to enter with immigrant intent and without lying because of the questions the CBP always seem to ask (do you have a return ticket, when are you planning to return). 

 

I guess the complication is all the intending immigrants who "didn't intend to immigrate". At the border once intent is established, it's established, right? 

[Katelyn 2]

On 3/22/2019 at 11:08 PM, aaron2020 said:

Other reasons:  Not meeting Affidavit of Support requirements.   Criminal record.  Lack of bona fide relationship.  

 

I am not saying they could or would deny your fiancee's case.  These are some of the grounds that has resulted in denials for others.

 

Don't know if Canada accepts co sponsor for the I-134.  Someone else will be able to answer this.

 

Your mother can not include your father's income.   Talk to your lawyer to see what you should do.  

Just letting you know we were approved yesterday! Thanks for the advice you gave. 

On 3/23/2019 at 9:29 AM, carmel34 said:

Impossible to predict probability of denial as it will be the CO's decision after the interview.  She should be prepared with all documents, answer all questions truthfully, and hope for the best.  Based on what you've posted already you have a co-sponsor that meets the requirements so you should be fine but we don't know all the details of your case and no one knows how a CO will judge the facts.  No one can predict how your fiancee will answer questions at the interview or the CO's reaction to what she says.  If her interview is soon and all goes well you should be together again in the US shortly and can file for AOS after marriage in the US so good luck and congratulations on your upcoming marriage!

We were approved yesterday!