Some help

[JC&GP 0]

Hello to all the community , this is my fist topic and i have some questions about a fiance visa.

I'm right now marriage and my legal status is Permanent Residence.

My marriage start getting bad about 1 year and a half ago, but I'm waiting for the Citizenship documents and then divorce. At this time I and my wife are not living together since 9 months ago, she's living with her parents, also we have no kids.

About 1 year ago i start dating my old girlfriend , she's right now on Peru. I flew 2 times in 2006 to Peru and another 2 times in 2007. I'm Planing also to travel on January 2008.

Here comes the questions:

1-I know one of the requirements for the Fiance visa is to have at least 2 years relationship, since we start the relationship with my ex girl on 2006 and I'm right now marriage , all that time is going to count?

2-She (my ex girl) had 6 previous denied for a Non immigrant Visa , 5 of them were tourist visa, and the last one was a Student Visa, on all the first 5 denied they say she does not have any roots to stay in her country, and for the last visa denied (student visa) they said ,if she wants to study, there are a lot of good schools in Lima-Peru , they didn't look any document even one when she got all Sponsorship documents, College Welcome Letter, I20, Savis Form and all the requirement documents she needs. Can She be denied for the fiance visa base and her denied history at the Peruvian Embassy?

3-If for some reason , she got denied, What be the tool i can use to bring it here to the States?

Any responses will be really appreciated.

Thanks in advance

[~Laura and Nick~ 5]

Hello to all the community , this is my fist topic and i have some questions about a fiance visa.

I'm right now marriage and my legal status is Permanent Residence.

My marriage start getting bad about 1 year and a half ago, but I'm waiting for the Citizenship documents and then divorce. At this time I and my wife are not living together since 9 months ago, she's living with her parents, also we have no kids.

About 1 year ago i start dating my old girlfriend , she's right now on Peru. I flew 2 times in 2006 to Peru and another 2 times in 2007. I'm Planing also to travel on January 2008.

Here comes the questions:

1-I know one of the requirements for the Fiance visa is to have at least 2 years relationship, since we start the relationship with my ex girl on 2006 and I'm right now marriage , all that time is going to count?

2-She (my ex girl) had 6 previous denied for a Non immigrant Visa , 5 of them were tourist visa, and the last one was a Student Visa, on all the first 5 denied they say she does not have any roots to stay in her country, and for the last visa denied (student visa) they said ,if she wants to study, there are a lot of good schools in Lima-Peru , they didn't look any document even one when she got all Sponsorship documents, College Welcome Letter, I20, Savis Form and all the requirement documents she needs. Can She be denied for the fiance visa base and her denied history at the Peruvian Embassy?

3-If for some reason , she got denied, What be the tool i can use to bring it here to the States?

Any responses will be really appreciated.

Thanks in advance

Okay...first off, welcome to VJ...

Let me try to understand...

You have permanent residency and you are still married.

First, in order to file a K1 visa for a foreign Fiancee, you must be a United States Citizen and you must be free to marry. Before either of those happen, you cannot file.

Secondly, you don't have to be in a relationship with your foreign fiancee for 2 years, you have to have met in the last 2 years from filing the K1 petition.

Previous denials for visitor visa's don't necessarily mean that your petition will be denied but you must be honest and state all denials if asked about them. 6 is a pretty high number. I don't think your petition will be an easy one but you can always try once you are a USC and once you are free to marry and have your divorce papers.

If she got denied the K1 visa, you could get married and try a spousal visa, the K3 or CR-1.

Best of luck to you

~L

Edited November 22, 2007 by ~Laura and Nick~

[Otto 83]

JC&GP,

Unfortunately you have many obstacles in your path.

1) You are still married

2) You are a PR (and not a USC)

I would think your best tools would be to:

1) Get a divorce

2) Get your US Citizenship

3) Once you have 1&2, figure the shortest path to having her join you here (K-1, K-3 visa, etc.)

I could be wrong - but without a doubt, you have obstacles to overcome before you can even think of bringing her hear...

[Skouri 2]

First of all you are very welcome between us ... i guess Laura gave you a good advices but i would like just to gave you some tips ... as much as you want to bring your EX girlfriend you have three ways if you are american citizen :

Immigrant Visa for a Spouse (IR1 or CR1)

Nonimmigrant Visa for a Spouse (K-3)

Nonimmigrant Visa for a Fiance(e) (K-1)

And there is a way if you are Lawful Permanent Resident (LPR):

Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

I hope that will be helpfull and good luck !!!

Edited November 22, 2007 by rachid_7

[JC&GP 0]

Hello to all the community , this is my fist topic and i have some questions about a fiance visa.

I'm right now marriage and my legal status is Permanent Residence.

My marriage start getting bad about 1 year and a half ago, but I'm waiting for the Citizenship documents and then divorce. At this time I and my wife are not living together since 9 months ago, she's living with her parents, also we have no kids.

About 1 year ago i start dating my old girlfriend , she's right now on Peru. I flew 2 times in 2006 to Peru and another 2 times in 2007. I'm Planing also to travel on January 2008.

Here comes the questions:

1-I know one of the requirements for the Fiance visa is to have at least 2 years relationship, since we start the relationship with my ex girl on 2006 and I'm right now marriage , all that time is going to count?

2-She (my ex girl) had 6 previous denied for a Non immigrant Visa , 5 of them were tourist visa, and the last one was a Student Visa, on all the first 5 denied they say she does not have any roots to stay in her country, and for the last visa denied (student visa) they said ,if she wants to study, there are a lot of good schools in Lima-Peru , they didn't look any document even one when she got all Sponsorship documents, College Welcome Letter, I20, Savis Form and all the requirement documents she needs. Can She be denied for the fiance visa base and her denied history at the Peruvian Embassy?

3-If for some reason , she got denied, What be the tool i can use to bring it here to the States?

Any responses will be really appreciated.

Thanks in advance

Okay...first off, welcome to VJ...

Let me try to understand...

You have permanent residency and you are still married.

First, in order to file a K1 visa for a foreign Fiancee, you must be a United States Citizen and you must be free to marry. Before either of those happen, you cannot file.

Secondly, you don't have to be in a relationship with your foreign fiancee for 2 years, you have to have met in the last 2 years from filing the K1 petition.

Previous denials for visitor visa's don't necessarily mean that your petition will be denied but you must be honest and state all denials if asked about them. 6 is a pretty high number. I don't think your petition will be an easy one but you can always try once you are a USC and once you are free to marry and have your divorce papers.

If she got denied the K1 visa, you could get married and try a spousal visa, the K3 or CR-1.

Best of luck to you

~L

Thank you for all the replys but let me clarify something.

In the event i get divorce on July of 2008 and assuming i have in my hands all the divorce documents and I became a US Citizen, and i file a Fiance visa the Time i travel to see her while I was married Counts? or only Counts after I'm a fully divorced?

I'm asking this because i read in some part , that before file for the Fiance visa, i must have visited Her at least 2 times or something like that, probably I'm wrong.

Please help

[~Laura and Nick~ 5]

Thank you for all the replys but let me clarify something.

In the event i get divorce on July of 2008 and assuming i have in my hands all the divorce documents and I became a US Citizen, and i file a Fiance visa the Time i travel to see her while I was married Counts? or only Counts after I'm a fully divorced?

I'm asking this because i read in some part , that before file for the Fiance visa, i must have visited Her at least 2 times or something like that, probably I'm wrong.

Please help

You file when and only when you are divorced and are a USC. If any sooner, you will be denied.

It doesn't matter that you were still married while you had visits with your girlfriend. You were separated from your wife, it's not like you and your wife were still living together and you were off with some other woman.

You have to have been with your girlfriend at least once in the last 2 years from your filing date, you say you were with her in 2007, you are fine if you file in 2008.

Your case is complicated and I think you'll have many obstacles, maybe not but just stay strong, be honest and keep hope.

Best of luck to you!

[JC&GP 0]

Thank you for all the replys but let me clarify something.

In the event i get divorce on July of 2008 and assuming i have in my hands all the divorce documents and I became a US Citizen, and i file a Fiance visa the Time i travel to see her while I was married Counts? or only Counts after I'm a fully divorced?

I'm asking this because i read in some part , that before file for the Fiance visa, i must have visited Her at least 2 times or something like that, probably I'm wrong.

Please help

PS: Also I already pass the Citizenship exam and I'm waiting for the Oath Ceremony.

Edited November 22, 2007 by JC&GP

[Zee Bee 61]

Thank you for all the replys but let me clarify something.

In the event i get divorce on July of 2008 and assuming i have in my hands all the divorce documents and I became a US Citizen, and i file a Fiance visa the Time i travel to see her while I was married Counts? or only Counts after I'm a fully divorced?

I'm asking this because i read in some part , that before file for the Fiance visa, i must have visited Her at least 2 times or something like that, probably I'm wrong.

Please help

PS: Also I already pass the Citizenship exam and I'm waiting for the Oath Ceremony.

The requirement is that you have met at least once within the last 2 years. It does not matter how long you have been in a relationship.

[Dakine 26]

i must have visited Her at least 2 times or something like that, probably I'm wrong.

Yeah you are wrong. Helps for the interview if you made multiple trips to see her but you only have to prove you met in the last 2 years for the initial petition.

[JC&GP 0]

i must have visited Her at least 2 times or something like that, probably I'm wrong.

Yeah you are wrong. Helps for the interview if you made multiple trips to see her but you only have to prove you met in the last 2 years for the initial petition.

Thanks Haole, but let me ask you this , what about at the time for the interview i said she was my ex girfriend? Or i have to say i just meet her 2 years ago in one of my trips?

Thank you very much.

[Dakine 26]

i must have visited Her at least 2 times or something like that, probably I'm wrong.

Yeah you are wrong. Helps for the interview if you made multiple trips to see her but you only have to prove you met in the last 2 years for the initial petition.

Thanks Haole, but let me ask you this , what about at the time for the interview i said she was my ex girfriend? Or i have to say i just meet her 2 years ago in one of my trips?

Thank you very much.

You have to have proof you met her within 2 years of filing. Plane tickets, hotel room receipts etc. Couple pictures helps also but not required.

The interview at her embassy down the line will focus on your finances and if you have a bonafide relationship or not!

Phone records, snail mails, emails, chat records and records of trips to see her if more than one all come into play at the embassy interview.

Edited November 22, 2007 by Haole

[1Cor13 0]

Thank you for all the replys but let me clarify something.

In the event i get divorce on July of 2008 and assuming i have in my hands all the divorce documents and I became a US Citizen, and i file a Fiance visa the Time i travel to see her while I was married Counts? or only Counts after I'm a fully divorced?

I'm asking this because i read in some part , that before file for the Fiance visa, i must have visited Her at least 2 times or something like that, probably I'm wrong.

Please help

PS: Also I already pass the Citizenship exam and I'm waiting for the Oath Ceremony.

Hola amigo,

Dejame intentar explicar lo que los demas estan intentado decirle. Solo require que les han visto por lo menos una vez en los ultimos dos años antes de remitir sus papeles. Entonces, si hagan los papeles despues de divorciarte de tu esposa en julio de 2008, solo necesitas que haberle visto a tu enamorada una vez desde hace julio de 2006, lo cual has hechco. Pero tambien, tienes que poder mostrar esto. Necesitas el boleto de avion, y fotos, cosas asi. No necesitas una relacion de dos años.... por ejemplo esta bien si dos personas se conozcan (en persona) y enamoren, y deciden hacer los papeles dentro de un mes de haberles conocido se puede recibir su visa porque se han visto por lo menos una vez en los ultimos dos años.

Espero que me entiendes, o que has entendido a los demas.

Mucha suerte y felicidades de ya estar recibiendo su ciudadanía

[zqt3344 21]

First of all you are very welcome between us ... i guess Laura gave you a good advices but i would like just to gave you some tips ... as much as you want to bring your EX girlfriend you have three ways if you are american citizen :

Immigrant Visa for a Spouse (IR1 or CR1)

Nonimmigrant Visa for a Spouse (K-3)

Nonimmigrant Visa for a Fiance(e) (K-1)

And there is a way if you are Lawful Permanent Resident (LPR):

Nonimmigrant (V) Visa for Spouse and Children of a Lawful Permanent Resident (LPR)

I hope that will be helpfull and good luck !!!

Curious, I thought you had to be a US citizen to file for a visa of spouse? Also I thought an LPR could only file for a visa for a non immigrant spouse if it was done on or before December 31, 2000. Correct me if I am wrong. Just observation.

[gwenneh 7]

You are wrong, and the information posted is correct - a LPR may file for a visa for a spouse, but they must wait until a visa number becomes available, whereas visa numbers for spouses of citizens are immediately available. Currently the wait for LPR spousal visa numbers is measured in years.

You must be a US citizen to file for a fiance, no exceptions.

Edited November 22, 2007 by Gwen666

[JC&GP 0]

Hello , i have 1 more question.

I know there are some financial requirements to file a Fiance Visa. What are they?

Thanks.