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Shay1

my wife is outside the US and fiance visa not approved yet

By Shay1 in Bringing Family Members of US Citizens to America

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Shay1 Rookie

Shay1   7

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10 hours ago, Boiler said:

This seems a very different story.

 

Haha that is a different story. Bc the first case is for me and the second for my best friend from my home country. But the fiance is here in the states so I allowed him to write the post from my profile bc I told him this place is amazing. Sorry for the confusion. But thanks all for the answers. So now that everything is clear, he spoke with an attorney today and the attorney told him that he could file a writ of mandamus but wanted 10k for that, he is asking if he can just do it on his own? does it actually work? or what is his best option to bring his fiance here before she gives birth? and he doesnt want to start spouse petition bc he is saying that it will take too long, and she really cant stay there when she gives birth bc some complicated situation with the family. 

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Boiler Grand Master

Boiler   43,525

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He said he was married.

 

Can not think how WoM could possibly apply to the case.

 

Where I come from a religious marriage is often a legal marriage, do not know the case here. He needs to do whatever is needed to legalise his marriage and file a CR1 asap. They are taking 18 months or so.

“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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aaron2020 Grand Master

aaron2020   11,651

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14 minutes ago, Shay1 said:

Haha that is a different story. Bc the first case is for me and the second for my best friend from my home country. But the fiance is here in the states so I allowed him to write the post from my profile bc I told him this place is amazing. Sorry for the confusion. But thanks all for the answers. So now that everything is clear, he spoke with an attorney today and the attorney told him that he could file a writ of mandamus but wanted 10k for that, he is asking if he can just do it on his own? does it actually work? or what is his best option to bring his fiance here before she gives birth? and he doesnt want to start spouse petition bc he is saying that it will take too long, and she really cant stay there when she gives birth bc some complicated situation with the family. 

It doesn't matter what he wants.  He has to follow the law.

A Writ of Mandamus will do nothing.  It can't force the US Government to treat him special because his wife is pregnant and he wants her here in two months.  

They are married.  She will not qualify for a fiancee visa.  Doesn't matter what he thinks.

 

He needs to legalize the marriage and file for a spousal visa.  That's his ONLY legal option.

Good luck trying to trick the US Government to issue a fiancee visa to someone who is already married.  

What country is she from?  Gonna be hard to believe she is pregnant and not married in some countries.  

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Shay1 Rookie

Shay1   7

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4 minutes ago, aaron2020 said:

It doesn't matter what he wants.  He has to follow the law.

A Writ of Mandamus will do nothing.  It can't force the US Government to treat him special because his wife is pregnant and he wants her here in two months.  

They are married.  She will not qualify for a fiancee visa.  Doesn't matter what he thinks.

 

He needs to legalize the marriage and file for a spousal visa.  That's his ONLY legal option.

Good luck trying to trick the US Government to issue a fiancee visa to someone who is already married.  

What country is she from?  Gonna be hard to believe she is pregnant and not married in some countries.  

He is saying that he has been waiting for the fiance visa for 13 months already that's why the attorney he saw told him that he does qualify for that writ. 

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Boiler Grand Master

Boiler   43,525

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3 minutes ago, Shay1 said:

He is saying that he has been waiting for the fiance visa for 13 months already that's why the attorney he saw told him that he does qualify for that writ. 

Does the Lawyer know they are married?

“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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Boiler Grand Master

Boiler   43,525

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1 minute ago, Shay1 said:

I believe so. Why?

He said he is a big shot lawyer that's why he is so expensive 

Because he said he filed for a fiancee visa and not a spousal visa.

 

He is charging more than twice the going rate, but I would expect a big shot lawyer to know the difference between a K1 and a CR1

“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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Redro Experienced

Redro   4,601

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Filed: IR-1/CR-1 Visa Country: South Africa
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1 hour ago, Shay1 said:

Haha that is a different story. Bc the first case is for me and the second for my best friend from my home country. But the fiance is here in the states so I allowed him to write the post from my profile bc I told him this place is amazing. Sorry for the confusion. But thanks all for the answers. So now that everything is clear, he spoke with an attorney today and the attorney told him that he could file a writ of mandamus but wanted 10k for that, he is asking if he can just do it on his own? does it actually work? or what is his best option to bring his fiance here before she gives birth? and he doesnt want to start spouse petition bc he is saying that it will take too long, and she really cant stay there when she gives birth bc some complicated situation with the family. 

Your friend should create their own account. 

This will clear up any confusion in the future in case you have questions pertaining to your situation. 

 

1.) Where is your home country?

2.) When did your friend file the I-129F

3.) When did they have their "religious" wedding (before or after the I-129F was filed?)

4.) Who is pregnant? The US citizen or the foreign national?

5.) Where is everyone located... you say the fiance is in states now? 

 

Members will be able to better advise your friend on the next steps he should follow.

 

Edited by Kor2USA
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Cathi Veteran

Cathi   5,613

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Tell him to pay that "big shot lawyer" to file a WoM and come back and tell us what happened. I can GUARANTEE it won't be what he wants and I can also guarantee this "big shot lawyer" has no idea ####### he/she is doing is is charging your "friend" an obscene amount of money because he/she is greedy and not a "big shot".

Married is married is married is married. NO ONE qualifies for a k-1 visa when they are married in any way, shape or form!! 

Another day another member who comes here seeking advice yet goes on to ignore said advice because it isn't what he wants to hear.


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iwannaplay54 Proficient

iwannaplay54   985

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That writ isn’t worth five bucks.  A ceremony so that they could go ahead and move forward and play married is a fatal error in a K1 case.

Edited by iwannaplay54
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