CJ&Jum

Welcome home! You two need a good rest. Good luck with adjusting, and readjusting to life in the U.S.

I am so excited for when Jum will be here, only one month! Yippee!

C.J.

Just wanted to update everyone quickly about our status. We finally made it to the US! C and I arrived thursday night at about 2am to maryland. We're still recovering from the long flight and time-change..

Will write more later...

Thanks again everyone for all your help!

Don't worry, it looks like you are back on track to fixing the issue.

I think they would've figured it out down the line that it was just an oversite in all of your excitement, realizing that you can't marry someone who is just born.

C.J.

The status of fiance(e) does not change the visa or immigrant status unless it is proclaimed officially through petition for an alien fiance(e). For your purposes as described, being a fiance(e) or boy/girlfriend has no different consideration as you are not legally connected to the person and it should not present any problems, especially under the Visa Waiver Program. The situation that a consular officer may be heading towards through a line of questioning of "who" you are visiting is roundabout way of making a quick determination of any potential for immigration intent in terms of marriage to a U.S. citizen. Telling the truth without divulging unnecessary information is the most recommended course of action when dealing with most laws.

Enjoy your travels,

C.J.

You can send copies of the items you would like to include. Just note, (and you probably will be including these already) that in addition to the plane tickets and car rental tickets, a more important proof of having met would include pictures of you two together. Things like a copy of a plane ticket or visa stamp do not, independently, validate the "proof of having met" requirement, although they do support the case if additional evidence is presented along with such documentation.

Good luck!

C.J.

Here are my ramblings on this topic:

The K-1 fiance(e) visa is approved with one of the major requirements of showing that the foreign beneficiary and U.S. Citizen have a bona fide intention to get married. While it may be personal opinion, marriage is both a legal and ceremonial/religious union and without getting into the debatable topic, marriage, in its various forms, is still considered "marriage" for the sake of the parties involved whether it is on paper or through ceremony. Some, therefore, decide to hold off on this union.

Within the boundaries of the 90 day stay, there are no penalties for not getting married within this time period so long as the foreign beneficiary complies with immigration regulations in place at the time (i.e. leaves the U.S. prior to the 90 day timeframe).

Along these lines, if the intent of the application was determined (based on the subjective opinion of consulate officer/immigration official with consideration of the objective facts of the specific case) that the K-1 visa was used for the purposes of a tourist visa, or any other purpose other than the purpose of the K-1 fiance(e) visa, that would indicate actions that constitute visa fraud.

And yes, the immigration law does indeed state the following (note section B about waivers of this section):

214( d )

(2) 1bc/ ( A ) Subject to subparagraphs ( B ) and ( C ), a consular officer may not approve a petition under paragraph (1) unless the officer has verified that--

(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

( B ) The Secretary of Homeland Security may, in the Secretary’s discretion, waive the limitations in subparagraph ( A ) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph ( C ), such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.

(REFERENCE: http://uscis.gov/lpBin/lpext.dll/inserts/s...tm#slb-act214d)

While going through the process may not be the most ideal, a second petition for K-1 visa is not unheard of.

I have communicated with a number of individuals who have gone down this path of a second petition for a fiance(e) visa for the same beneficiary as the initial petition and were successfully granted a second K-1 visa. With this scenario, I would expect that the question of why marriage did not take place during the time of the first K-1 visa would be a question posed at the interview. If asked the question "Was the K-1 visa used as a tourist visa?" A reply of "Yes" would be an answer that I would not expect to lead to a favorable approval. A valid distinction of personal/family/business situation, with appropriate validity, would need to satisfy the consular officers determination of granting a second visa.

Good luck,

C.J.

Congratulations, moving right along now!

Well it is now official. Ton and I got married today

Now I dred having to go through the whole AOS process

Dan

I guess its good that they don't let you marry someone who is dead. That should just about cover all the bases there.

You will not have any problems as long as you are able to satisfy the requirements of the I-134 support documents when they are submitted. It is there that you will put your most recent information.

The question of proof of income or sufficient assets is more important than the place of employment. I changed jobs and residence during the process and it was not a problem.

C.J.

You do know about the poverty guidelines, right? For the interview, if you don´t earn enough to support everyone who´s dependant on you plus your alien fiancee you´ll still need a co-sponsor.

I am the alien and i am guessing i will need a co sponsor as she is on the final year of her programe. Her mother has already said she will sponsor me.

There are loop holes in many systems. But being honest makes the whole process a lot less stressful. If someone asked you specifically "Have you been to the U.S. before?" and you had, then I can't see any other honest answer than "Yes." If the question was along the lines "Have you ever been deported from the U.S.?" and you had never been "caught" then I would think the answer would be "No." The questions of immigration law are specifically geared towards such situations. The word, Law, defined "implies imposition by a sovereign authority and the obligation of obedience on the part of all subject to that authority." The answers to such immigration questions are relative to the specific question asked and the person/authority asking. Be smart and thoughtful but not to the point that what you are saying is untruthful that would negatively affect your case. Good luck.

C.J.

I suppose that is part of the reason of the latest immigration protests and changes that have been suggested.

There is no petition for a fiance for LPR, but there is for spouse.

The current priority date for an LPR spouse in about 4 years.

How close are they from naturalization eligibility?

If they marry and apply for IR1 they could have an interview about 4 years later.

The petition can be upgraded is the LPR subsequently naturalizes.

4 years. Disgusting.

I wonder why the US has such a huge problem with illegal immigration? Let's weigh our options:

a) file the paperwork, jump through hoops, pay lots of fees, go through interviews and stress, wait 4+ years, and then maybe get to be together if the USCIS sees fit, or

B) come to the US and overstay your visa, and get to be together right away.

The same form I-134 is used for co-sponsors.

Thank you for the info for co-sponsor.

But I can not open the website for the co-sponsor as you guy suggested. I read the I-134 instruction, it did not say anything about co-sponsor. I think the co-sponsor needs to meet the same requirements and fill out the same form as the petitioner. But I can not verify that under the I-134 instruction. Please advise other litterature I need to read. Thanks

Your fiance could always move to Canada to be with you.

I doubt that many people who read and post on the VJ forum have a relationship based on getting a visa to come to the US. In fact, my impression of a lot of people on here is that they fell in love, discussed their relationship and future together, and then happened across this wonderful site where they subsequently went down the visa path.

C.J.

Why are you marrying this guy if you obviously have no respect for him? I seem to remember you complaining about him in another post somewhere to if I"m not mistaken.

How about being grateful to the fact that you're getting a visa to the US because of him??

Since this is my post I HAD to respond to this! Being greatful to the fact of getting a visa to the us? I'm laughing my fukcing a** off. I live in Canada there buddy that happens to not be that much different from the USA. I get free health care. And back in the day people from USA escaped to come to Canada because it was a better country with better rules. If it wasn't for him I WOULD NOT GO TO THE USA. There is no need. I have a great life in my own country (excluding him not here.) I don't need the USA. Nice to know your relationship was based on getting a visa to the USA.

To everyone else who replyed. Thanks! It helps me feel not so stuck in all of this. you guys are great. To all the people on here doing this out of love and to be together for ur fiance and not for his/her country I respect you. You guys are really great and so supportive!

Congratulations on passing the test. Everything is starting to pull together for you.

just got the email from USCIS that my EAD has been approved and they will send me my 1 year card as soon as it ready... hm... so i dont have to use my "seems like a fake" temp EAD ;p

by the way.. I just passed the real estate class test and going to take the state licence test soon... woohoo!!

I use www.idphonecard.com

It is the easiest and most reliable phone card/service I have ever used. No extra fees or requirements. Rates are competitive, recharging is easily done online or automatically. I use the card when traveling the world, it works for calls originating outside the U.S. and inside along with a detailed log of all calls made (good for documentation for the visa process).

Cambodia is on there too.

C.J.

The consulate officer is permitted to ask any question that is relative to the application. However, the answers can be brief and still answer the question. Example: Our one and only question asked at the interview was "How many times had I (the U.S. Citizen) been to visit" Ans: Three. That was it, probably the shortest interview question that can be asked.

Good luck,

C.J.

It also appears that in its own roundabout legislative wording, that there are a lot of "buts" in certain situations. I was just wondering about it all. I learned something new today.

It appears as though the initial quoted regulation applies to the recently passed IMBRA (International Marriage Broker Regulation Act) legislation that applies specifically to the International Marriage Brokers and not the other potential K-1 petitioners as initially appeared.

Pax's listing also provides a good layman's terms description of some highlights of these changes.

So, it seems that the restriction of 2 years before petitioning again does not apply to those petitioning for their foreign fiance(e) apart from any services of IMBs.

search "IMBRA" on a web search and you can read different perspectives all day. The law, as with most, comes with its pros and cons.

The important thing as with most immigration laws is the context in which it is applicable to the parties involved.

C.J.

Multiple K Visas

The Act places two new restrictions on multiple K-1 visas:

A petitioner must wait two years from the filing of a prior K-1 visa until a second K-1 visa may be issued

A petitioner is barred from obtaining fiancé(e) visas for more than two foreign nationals. A waiver based on a showing of “extreme hardship” is possible in such cases, although not if a petitioner has a record of violent criminal offenses. “Record” is explicitly not restricted to criminal court records.

A database will be maintained by the Department of Homeland Security to track multiple fiancé(e) and spousal visa petitions.

What about the first part of that statement? It does not appear in line with other interpretations that I have heard about the K-1 requirements. I don't remember seeing a specific indication that restricts a petitioner from applying for a K-1 for a foreign beneficiary other than the question #11 on the I-129F that asks "Have you ever filed for this or any other alien fiance(e) or husband/wife before? Yes/No, give name, place, date of filing and outcome."

Maybe this statement posted was an interpretation of the rules, but I question its validity. It just does not seem to support the immigration law that if the applicant had applied for a fiance(e) that subsequently does not work out that they would have to wait 2 years to apply for anyone else. Any thoughts?

I use ikobo.com too. Its a U.S. based international money transfer company. The service is great, and you can always talk to a live person if you want.

An even easier route, get an extra ATM card (in your name) on an existing bank account or just open up another account at a bank and send it to your fiancee. The ATM card will most likely work just like it does here in the U.S.

It works fine for us, and not as many sending/receiving limits either.

Once you get married you have to open up your wallet anyway, no better time to start than now.

C.J.

Simple answer, No, the tourist visa denial will not have a significant impact on the chances for the K-1 visa approval as long as all applications are submitted truthfully with all required information and that they satisfy the requirements necessary for visa approval.

Most visitor visas are denied because of failure to satisfy Section 214B of the Immigration and Nationality Act. The visitor visa, in short, requires that one prove to the consulate officer that the applicant has binding ties to their home country whereas the K-1 visa takes the path of proving your intent to get married in the U.S. within the 90 day window upon first entering the U.S. Both visas are handled differently, and possibly by totally different sections of the Embassy or Consulate depending on the location.

We got a tourist visa denial and were successfully approved for K-1 without any issues.

Good luck,

C.J.

Everything has its only little way of working out. Just think back just one year ago and think about how much more wonderful your life has become. Life gets better the more we live it.

C.J.

Life is full of little surprises!

I am mailing off the AOS paperwork tomorrow and we found out today that before the end of the year I will get TWO extra tax dedections. One for my new wife and another in November! We were taking precautions but I guess when it's time it's time! 2006 is shaping up to be a GREAT YEAR! Now I can pull out that I-765 (EAD)

My Best,

Rich

Congratulations Anya and Bram! It was a pleasure to meet you two as well. Now that you have the EAD time to get to work! At this rate, by meeting 3 visa journey members in the past 1.5 months, I should be able to meet everyone on here by the year 2010.

Its nice to know that things are moving right along for you. Overall, I think that the whole immigration process is an interesting and eventful experience although it has its annoying little things here and there. You would think that with the photo that they would use a digital camera instead of the old fashioned picture. But then again, I have not upgraded my digital camera in 8 years myself so I am not always on the forefront of technology either. :-)

When Jum arrives, we will have to plan a little get together. And, thanks again for the food! Get some rest, you two have had a long day. All that just for a card with your pretty picture on it. Which reminds me, I need to get my driver's license address changed.

Hope to see you guys around again soon!

C.J.

P.S.-I will send the pictures we took later on tonight.

I have stayed at the Grand Hyatt Erawan and it was nice and convenient but the price is higher. Type in "serviced apartments Bangkok" in a web search and you will see a lot of choices. The serviced apartments are a good deal and some are just like a hotel without the price.

We wrote all of ours. It gives you a chance to remember all of the things that you fill out on the form.

Just sent you a private message with contact info, you can call anytime, even early or late. I would like to meet up with you guys if only for a little bit. I pass the Homeland Security office on my way to work every day. We can do breakfast, lunch, or just meet to say hi.

C.J.

ooohhhhhh thanks for the news!! i have no clue!!! that's so sad!!!

CJ.. it's tomorrow!!! i'm not sure what' our plan is.. may be i can call u? (i need a number tho ;p)