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Dare_Do

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Posts posted by Dare_Do

  1. Hi everybody,

    To cut long story short my fiancée's expired K1 visa was reissued, now it's valid till the end of October, but since she has a very tough contract at her company she can't leave before at least October 20.

    The question is, can she still enter US just a week before her visa expires? Will it affect AOS anyhow? (Planning to get marriage license shortly after her arrival).

    I appreciate your help!

  2. I posted earlier about the expired K1 visa here: http://www.visajourney.com/forums/topic/440705-fiance-visa-expired-any-way-to-renew-it-urgent/

    That's what the Embassy replied to our request for renewal:

    "Ms. *** can schedule another interview at www.ustraveldocs.com Please have Ms. *** pay another consular fee and schedule the interview. (preferably before August **, 2013). The applicant will have to bring her yellow immigrant visa packet and passport to the Embassy on the appointed date."

    We are both happy and freaked out at the same time! The thing is, we did not really have a valid reason for letting the visa expire, we broke up, spent a long time not even talking, but then each of us realized that we made a mistake... Now we are seriously given a second and seriously last chance to make things right.

    Any advice on how to go about it at the interview, just be honest and say the real story?

  3. I'd be surprised if it gets reinstated. It's expired, so there's nothing to extend. Here's hoping, though!

    The expiration is based on medical date, so now that's expired, she will likely have to do a new medical at least, and may also have to get new police certificates.

    Good luck.

    Yes seems like we will have to collect the whole interview package again, but that's nothing compared to starting with the petition all over again...

    I think cases like that are very rare and it's hard to predict what's on their mind when they consider them. I do hope though that everything will work out for the best!

    I will keep everybody posted here on our progress!

    Email the Embassy. They can and usually do extend it.

    Baron, do you know any positive examples?
  4. That's what I did today! Got a reply that our case was forwarded to the immigration visa section...

    We don't really have a "good" reason for letting the visa expire, we just broke up because both of us were exhausted after the long wait, each of us wanted to peruse a career etc... But with the time going by we realize that we both were wrong.

    I do hope that they can renew it...

    Bc after this inquiry it would be impossible for ther to get a tourist visa.

  5. OP, simple answer, just forget about the tourist visa thing, re-apply the fiance visa and explain to the consular what's going on. The burden is to explain to them what happened that she went back - just be honest and I am sure consular would understand. Couples fight some time after all.

    Should I just contact the embassy in Russia for that? Are you sure that's possible?
  6. Not exactly your situation, but related. I had a 2-year B1/B2 visa that expired Feb13. I travelled to US numerous times on it, even after our petition (I-129F) was already filed and under review. When visa expired, I applied to renew it and I was denied (we didn't get NOA2 at that point). I assured the consul that we are not going to get married (attached a signed statement), because we want everything done legally, that's why we are waiting for K1. All I want is to visit my husband-to-be. The consul said if we want to meet, we can do it in the third country. My fiancé just moved to a new assignment at that point and didn't have any leave to travel, but that and the fact that we were apart for several months by that time - didn't mean a thing to a consul, and she refused my visa. This illustrates, in my opinion, that your GF doesn't have high chances of getting a tourist visa to come see you.

    Well that is understandable.

    What if she doesn't say a word about me at the interview? Will that make her chances higher?

  7. Nothing is wrong with that, you made your decisions that were best for you at the time.

    However, it does show that she wants to live in the United States, she MUST overcome that if she is going to be granted any non-immigrant visa.

    FYI - student visas are non-immigrant visas so the issues are still the same with a tourist visa, she CANNOT come on a non-immigrant visa with intentions of immigrating.

    Why do you need her in the US to consult a lawyer? You can do that by yourself right? There is no ASAP in immigration. File the K-1 now and get the process moving.

    good luck

    So there's absolutely no way she can get a non-immigrant visa now?

    And no we don't want to rush into immigration, this is why I'd want her to come here and stay with me for a month or so (not sure how this is going to work with her current job), so that we can see how things are working out, we haven't seen each other for almost a year by now and I just got into a new job so I can't travel within the following 6 months, and her coming here is the only way to change anything. We do not want to start the K1 process until we see each other and spend some time together.

  8. Hi guys!

    We wanted to get her a tourist visa so that she could come here and to go consult a lawyer on the next step. I understand that if we get married while she's here on a tourist visa with her just staying here afterwards, getting a GC would be very difficult.

    Plan A was: she comes here on a tourist visa, we get married, she goes back to Russia, we file the I-130.

    Plan B: she comes here on a student visa for language courses, we get married, and she stays.

    I just don't think that we can go through the fiancé visa process again, I want her here asap.

    But I do realize that with the expired K1 in her passport it would be extremely difficult to get any non-immigrant visa. But at the same time, what if she just wanted to go travel around the country with no connection to me whatsoever, why should her past relationship affect her future life, ok we did the fiancé visa, realized that it was not going to work out, she didn't come, what's so wrong with that?

    I think it must be clear for the CO that that visa was based on bona fide relationship and was not obtained due to immigrant intentions since she didn't use it afterwards.

    God I'm so desperate right now....

  9. Hello everybody,

    My gf and I have a very long story: we went through the whole K1 process, she got the visa and we broke up afterwards (she was going to get her masters in Switzerland), needless to say she didn't come over after that. Her visa expired at the end of April, a while ago we realized that we've made a mistake and now we desperately want to be together, going through the hell of a fiancé visa isn't an option this time (last time it took nearly a year...) so she's thinking about applying for a tourist visa. But we have so many doubts about it!

    First of all, she obviously still has K1 in her passport. Secondly, she was once refused a tourist visa two years ago, but at that time she didn't reveal that she was going to see me.

    About her: a good job at the international company (4 months by now), stable job history before that, 3 Swiss tourist visas for the last 6 months, swiss student visa application pending with a stamp about it in passport. At the interview she's going to say she's going on vocation to NYC (I live in VA) before the beginning of her studies in October (papers from university and embassy available).

    What are the chances of getting a tourist visa???

    Please help!

  10. And I see now she is a Russian citizen :bonk: going to school in Switzerland. That actually makes it easier. Many times people are returning to their HOME country for education because if they claim to be residents/citizens they get free or very reduced tuition. This always looks suspicious. Since she is a non-resident anyway, no worries.

    Incidentally it does not matter who PAYS for the education, our son had full tuition and room and board for the final year, BUT it matters how they register with the school their residency.

    Also be careful that she NEVER claims to be a US citizen until she is. She is a citizen of Russia and will be a resident of the USA

    Gary and Alla,

    Thank you a lot for such a detailed answer! This really helps!

    The thing is, it is going to be her first year of Master's, meaning she will only come back to US for school breaks, is that gona b a problem??

  11. Hi guys, please advice on how long it takes to get a green card after you file for AOS. My fiancée will arrive in the middle of February and we will get married at the end of it, filling for AOS in the first dates of March. How long will it take since then? She's gona b getting Master's in Switzerland this fall, will she get the green card in time? As far as I know she cant leave the country before she gets it.

    Ty!

  12. So Olya had her interview on Tuesday October 30, everything went very easy and the consular said everything is ok, you will get your passport in 10 days. She called the embassy yesterday (Friday) to find out the status of her passport, to which the lady told her "your papers are under the process, you'll see if you have the visa when you get your passport". She was shocked and asked if that means that we are under the administrative processing, the lady said no, and that the papers being under the process is a usual thing for immigration visas. But seriously, how could it be possible after the consular said that the visa is approved?! It's either the lady didn't know what she was talking about or they changed rules somehow. Olya is freaking out, im about to start to...

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