Enough Evidence---Dilema

[BabyBlueSusie 1]

Background info:

-My fiance has been living in Italy with an expired work visa for the past three years

-He is a citizen of Albania

-We met in Italy last summer, at which time his visa had already expired

My question is whether or not I have enough evidence to prove that HE was still in Italy at the time that we met (last summer). I have tons of evidence to prove that I was in Italy at that time (and three times since), but I want to make sure that they know HE was also there. It is a bit difficult due to his status (I can't show work records, checks, bank statements, etc)

In my I-129F (which I have not mailed yet) I have made an attachment where I admit honestly and openly that he had overstayed his work visa in Italy. I spoke to an immigration officer, and she said that they are not concerned with visas issued outside the US. She said that overstaying the visa in Italy would not affect whether or not our petition is accepted. Basically I need to prove that he didnt leave Italy when his visa expired in 2004. I need to prove that he is still in Italy.

Proof of Having Met in Person Within 2 Years (foreign fiance):

-copy of entire Albanian passport

------includes Italian work visa issued in Sept 2004, good for three months

------includes copy of exit stamp from Durres, Albania. He was not stamped when he came into Italy, I am not sure why. There is no other stamps present on his passport anywhere.

-copies of letters addressed to my fiance at his current address in Italy

-copies of 3 phone bills that show incoming calls from my fiance using his current telephone number in Italy (these date throughout the past year)

-various photos of us together

-train tickets and hotel reciept from one of our trips together (no names on them though)

I have made an attachment stating the following:

Since I have copied his entire passport, and there is only one stamp on there (an exit stamp from Albania), then this proves that he is still in Italy, and never left. The fact that the letters show an Italian address and the phone bills show an Italian phone number also prove that he is, in fact, still in Italy (Not to mention the fact that Packet 3 will be sent there)

Do you think they will go for this? Or do I have to think of some other ideas? If you dont think they will believe me, what other evidence could I submit, keeping in mind that my fiance is not legally residing in Italy (he doesnt have housing records, phone records, etc in his name)

I would appreciate any input that you may have concerning my situation, thanks to you all and best wishes!

[no name 1]

Background info:

-My fiance has been living in Italy with an expired work visa for the past three years

-He is a citizen of Albania

-We met in Italy last summer, at which time his visa had already expired

My question is whether or not I have enough evidence to prove that HE was still in Italy at the time that we met (last summer). I have tons of evidence to prove that I was in Italy at that time (and three times since), but I want to make sure that they know HE was also there. It is a bit difficult due to his status (I can't show work records, checks, bank statements, etc)

In my I-129F (which I have not mailed yet) I have made an attachment where I admit honestly and openly that he had overstayed his work visa in Italy. I spoke to an immigration officer, and she said that they are not concerned with visas issued outside the US. She said that overstaying the visa in Italy would not affect whether or not our petition is accepted. Basically I need to prove that he didnt leave Italy when his visa expired in 2004. I need to prove that he is still in Italy.

Proof of Having Met in Person Within 2 Years (foreign fiance):

-copy of entire Albanian passport

------includes Italian work visa issued in Sept 2004, good for three months

------includes copy of exit stamp from Durres, Albania. He was not stamped when he came into Italy, I am not sure why. There is no other stamps present on his passport anywhere.

-copies of letters addressed to my fiance at his current address in Italy

-copies of 3 phone bills that show incoming calls from my fiance using his current telephone number in Italy (these date throughout the past year)

-various photos of us together

-train tickets and hotel reciept from one of our trips together (no names on them though)

I have made an attachment stating the following:

Since I have copied his entire passport, and there is only one stamp on there (an exit stamp from Albania), then this proves that he is still in Italy, and never left. The fact that the letters show an Italian address and the phone bills show an Italian phone number also prove that he is, in fact, still in Italy (Not to mention the fact that Packet 3 will be sent there)

Do you think they will go for this? Or do I have to think of some other ideas? If you dont think they will believe me, what other evidence could I submit, keeping in mind that my fiance is not legally residing in Italy (he doesnt have housing records, phone records, etc in his name)

I would appreciate any input that you may have concerning my situation, thanks to you all and best wishes!

Your case is a bit complicated. I would consult a lawyer first, for peace of mind that his overstays are not deterimental, if nothing else.

[yassmine2878 1]

Id say you've probably got enough to prove your case. I think you're quite right to be upfront with USCIS about the expired work visa. Although they are normally concerned with just visas in and out of the US, its always a good policy to be forthcoming and get rid of possible problems now before they bite you in the butt. It looks like you've given this a great deal of thought and provided everything you can, and that should make a good impression on the person reviewing your evidence. People comitting fraud dont work so hard to cough up evidence, so dont worry yourself too much. Best of luck to you

[BabyBlueSusie 1]

thanks a lot, you are a great comfort...yes i definitely have given it a lot of thought, and am convinced that i am just as good as any lawyer...i have second thoughts every now and again though...i hope youre right about this all! thanks again!

[yassmine2878 1]

thanks a lot, you are a great comfort...yes i definitely have given it a lot of thought, and am convinced that i am just as good as any lawyer...i have second thoughts every now and again though...i hope youre right about this all! thanks again!

Id like to think we are all as good, and in most cases better than, any lawyer Ive heard too many bad stories about lawyers screwing up the case to have much faith in them. I can understand using one if youve gots lots of money, but no time to spend on the process. VJ has so much knowledge and experience to share, its much easier not to have worry about getting a lawyer if you do your homework.

[no name 1]

thanks a lot, you are a great comfort...yes i definitely have given it a lot of thought, and am convinced that i am just as good as any lawyer...i have second thoughts every now and again though...i hope youre right about this all! thanks again!

Id like to think we are all as good, and in most cases better than, any lawyer Ive heard too many bad stories about lawyers screwing up the case to have much faith in them. I can understand using one if youve gots lots of money, but no time to spend on the process. VJ has so much knowledge and experience to share, its much easier not to have worry about getting a lawyer if you do your homework.

VJ can be very useful but it is no substitute for a lawyer. The OP's case is not quite so straightforward either. Hence, why I recommmended a lawyer, just to ask the questions she did here.

[BabyBlueSusie 1]

i definitely appreciate it, and i have absolutely considered it many times during this process (and im only about to mail in my i-129f---sheesh!), but i really dont have the money for a lawyer...i will give it the old college try, but if it becomes too much, i know that i have another outlet

thanks again!

ps-what does OP stand for?

[no name 1]

i definitely appreciate it, and i have absolutely considered it many times during this process (and im only about to mail in my i-129f---sheesh!), but i really dont have the money for a lawyer...i will give it the old college try, but if it becomes too much, i know that i have another outlet

thanks again!

ps-what does OP stand for?

There are free or low cost lawyers, FYI.

OP = Original poster

Good luck with your petition!

[William33 110]

i definitely appreciate it, and i have absolutely considered it many times during this process (and im only about to mail in my i-129f---sheesh!), but i really dont have the money for a lawyer...i will give it the old college try, but if it becomes too much, i know that i have another outlet

thanks again!

ps-what does OP stand for?

You should consult with a competent immigration attorney, to ensure that potential complications are mitigated.

With respect, how will you sponsor your Fiancé, if you cannot afford a legal consultation? We are talking a couple of hundred USD here, max.

There is no substitute for an attorney, specializing in immigration, when your case has complications.

[BabyBlueSusie 1]

do you happen to know of any places that i can contact to speak with someone?

i thought that it would cost much more than that

how do i know a good lawyer from a bad one?

i guess this is where visajourney comes in...new post beginning now

[William33 110]

do you happen to know of any places that i can contact to speak with someone?

i thought that it would cost much more than that

how do i know a good lawyer from a bad one?

i guess this is where visajourney comes in...new post beginning now

You could try Laurel Scott. Although she specializes in 601 waivers, she is well versed in immigration.

http://www.visacentral.net/tempvisa.html

$125.00 for up to 30 minutes of telephonic consultation.

If you choose to submit the I-129F without a consult and get a Request for Evidence (RFE) or some other complication, you could consult at that point. This is your choice.

I speak from opinion here, in that your Fiance was illegaly in Italy, during the timeframe you are using as evidence of having met in person. It may not matter, it might matter alot. Is it worth $125? Again, your choice.

Best of luck to you.

Edited June 28, 2007 by William33

[BabyBlueSusie 1]

wow thanks very much for your help...i will certainly keep it in mind

[bora bora 1]

A woman I work with paid $700 to adjust her status. Her daughter used a lawyer for her student visa (for college) then for her work visa.

So..she just used the same one as her.

Maybe someone you know knows a lawyer?

[Dakine 26]

If you are really concerned about the K1 and proving he was actually there when you were!

EASY! Fly back over and marry him there and do a spouse visa!

Guarens then!

[Nancy and Ramos 0]

We didn;t have much more than you and our visa was approved! Its worth a shot! But if it feels better talk to someone