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pushbrk

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  1. Like
    pushbrk got a reaction from La Souris in K1 Visa - Entered US without obtaining prior approval   
    She may well be successful but she should be prepared to answer questions about her intent upon arrival. The key will be the questions and answers at the boarder upon her last arrival. If there is no misrepresentation, she'll be fine. Failing to mention a planned wedding is not misrepresentation. Only if she were directly asked about a fiance or wedding and then lied, would this be a problem. Hopefully the details of her entry inspection were disclosed to the attorney as they are none of our or your business.
  2. Like
    pushbrk got a reaction from La Souris in K1 Visa: Marrying outside U.S. once approved?   
    Great explanation. On a more basic note, "visas" are for entering countries. Citizens of some countries don't need visas to enter the USA. If you are in the USA legally or not, permission to marry requires a marriage license issued by a State, usually through a County officer. If you can properly identify yourself and are otherwise free to marry, you can obtain the license and marry.
    The K1 visa is a specific kind of visa used to not only enter the USA but after entry and marriage, the foreigner is provided a legal path to
    People here illegally, who entered on the Visa Waiver Program or on visitor visas are all equally eligible for marriage but are NOT provided with a legal path to apply for and receive "legal permanent resident" status as the K1 visa holder is.
  3. Like
    pushbrk got a reaction from Matt & Bing in K1 Visa: Marrying outside U.S. once approved?   
    The K1 is issued as approval to "enter the USA for 90 days" for the purpose of marrying the petitioner in the USA during the 90 days and also provides the basis for adjusting status to permanent resident provided the terms of the visa are complied with. Visas are used to "enter" countries.
    It is definitely not "approval to marry" and no such approval is needed from USCIS or the US Dept. of State. (The US Government agencies associated with obtaining a K1 visa)
    Approval (license) to marry is obtained a local government authority in the USA AFTER and only AFTER the K1 visa holder enters the USA. Approval to marry in any other country is obtained through a government agency in that country. Visas are used to "enter" countries. Visas are not required for marriage in the USA, as long as you are already here. It happens all the time.
  4. Like
    pushbrk got a reaction from TBoneTX in Both Pet / Ben Divorce complication follow-up   
    You'll submit your divorce decree in whatever format it comes. Your fiancee should be prepared to truthfully explain and or answer any questions she may be asked. If your circumstances are too complicated for you to analyze and prepare explanations for on your own, perhaps it would be wise to engage professional assistance from somebody with whom you can share all the necessary confidential information and is equipped to adequately guide you.
  5. Like
    pushbrk got a reaction from Bobby+Umit in K1 Visa - Entered US without obtaining prior approval   
    She may well be successful but she should be prepared to answer questions about her intent upon arrival. The key will be the questions and answers at the boarder upon her last arrival. If there is no misrepresentation, she'll be fine. Failing to mention a planned wedding is not misrepresentation. Only if she were directly asked about a fiance or wedding and then lied, would this be a problem. Hopefully the details of her entry inspection were disclosed to the attorney as they are none of our or your business.
  6. Like
    pushbrk got a reaction from TBoneTX in i want to know   
    Speeding is usually not a felony but it is a "crime". Misdemeanors are crimes too but that's really not the issue. The only criminal record that would get a petition denied would be those falling under the Adam Walsh act. Three or more driving intoxicated convictions would need to be disclosed. "Speeding" is a non issue.
  7. Like
    pushbrk got a reaction from Advanced Aardvark in Why K-1 and not K-3 / Why getting married in US instead here   
    Make your life plan first and then pursue the immigration path that matches it.
  8. Like
    pushbrk got a reaction from TBoneTX in K1   
    It's simply a well known fact that Lagos is in a class by itself when it comes to visa fraud. Unfortunately, some other countries are catching up fast including any sub-Saharan country in Africa and Morocco. The idea that if you qualify for a visa, it will be issued is far from reality. Just ask all those who are certain they qualify and their relationships are genuine but get denied anyway. Obtaining a spouse or fiancee visa is a highly subjective process and has always been.
    The OP's case is Liberia, so definitely high fraud.
    Low fraud countries are primarily those on the visa waiver program.
    Medium tends to include most "second world" countries but some of them are high fraud too.
    High fraud is the third world countries and any with concerns about terrorism.
  9. Like
    pushbrk got a reaction from TBoneTX in K-1 Paperwork; Kind of Overwhelmed   
    It doesn't matter who or where when "filling out" documents but the initial filing is HIS petition in your behalf so the actual forms he signs and mails to USCIS will be "originals" not copies. Supporting documents are photocopies at the petition stage but you'll carry originals to the interview. Study the K1 guide and if you, as the foreigner, are going to do the "filling out" make sure you do it as if the US Citizen were doing it. Your information goes on the right side of the I-129F, for example and it's his birth certificate needed at this stage, not yours.
  10. Like
    pushbrk got a reaction from TBoneTX in Child of Spouse of US Citizen   
    Either the divorce decree or a separate court order of sole custody from the Gong Zheng Chu (notarial office) will suffice. If neither, then a letter from the father giving permission for US immigration will be needed. The letter should also be taken to the Gong Zheng Chu for translation and certification.
  11. Like
    pushbrk got a reaction from Kathryn41 in we dont have pictures and we haven't been to each other's country   
    Such a question would only be asked at a visa interview. There will be no interview in this case because the petition cannot be approved.
    Your original question is moot. Your petition will be denied because your marriage is not valid for US immigration purposes. Proxy marriages MUST be consummated prior to filing the petition. Read the I-130 instructions for confirmation.
  12. Like
    pushbrk got a reaction from Darnell in we dont have pictures and we haven't been to each other's country   
    Such a question would only be asked at a visa interview. There will be no interview in this case because the petition cannot be approved.
    Your original question is moot. Your petition will be denied because your marriage is not valid for US immigration purposes. Proxy marriages MUST be consummated prior to filing the petition. Read the I-130 instructions for confirmation.
  13. Like
    pushbrk got a reaction from VanessaTony in we dont have pictures and we haven't been to each other's country   
    Proxy marriages (parties not together physically for the marriage act) are not recognized by USCIS for immigration purposes without evidence the marriage has been later consummated. So, unless you've been together in person and have evidence of same, your petition would be denied. Even after consummation, there can be issues with acceptance for petition approval. Getting through an actual visa interview carries an even higher standard of evidence of a bona fide ongoing relationship. Time to buy a ticket to see your spouse in person BEFORE filing any petition.
  14. Like
    pushbrk got a reaction from MalaysianGirl in we dont have pictures and we haven't been to each other's country   
    Such a question would only be asked at a visa interview. There will be no interview in this case because the petition cannot be approved.
    Your original question is moot. Your petition will be denied because your marriage is not valid for US immigration purposes. Proxy marriages MUST be consummated prior to filing the petition. Read the I-130 instructions for confirmation.
  15. Like
    pushbrk got a reaction from MalaysianGirl in we dont have pictures and we haven't been to each other's country   
    The bole above applies only to a K1 case. For a spouse the issue is consummating the marriage but he "evidence" is the same. The difference is that USCIS will NOT approve the petition without evidence of consummation. There's no way to waive that, not even the slightest chance like there theoretically is in a K1 case.
  16. Like
    pushbrk got a reaction from MalaysianGirl in we dont have pictures and we haven't been to each other's country   
    Proxy marriages (parties not together physically for the marriage act) are not recognized by USCIS for immigration purposes without evidence the marriage has been later consummated. So, unless you've been together in person and have evidence of same, your petition would be denied. Even after consummation, there can be issues with acceptance for petition approval. Getting through an actual visa interview carries an even higher standard of evidence of a bona fide ongoing relationship. Time to buy a ticket to see your spouse in person BEFORE filing any petition.
  17. Like
    pushbrk got a reaction from SupportGeek in we dont have pictures and we haven't been to each other's country   
    Such a question would only be asked at a visa interview. There will be no interview in this case because the petition cannot be approved.
    Your original question is moot. Your petition will be denied because your marriage is not valid for US immigration purposes. Proxy marriages MUST be consummated prior to filing the petition. Read the I-130 instructions for confirmation.
  18. Like
    pushbrk got a reaction from TBoneTX in we dont have pictures and we haven't been to each other's country   
    Such a question would only be asked at a visa interview. There will be no interview in this case because the petition cannot be approved.
    Your original question is moot. Your petition will be denied because your marriage is not valid for US immigration purposes. Proxy marriages MUST be consummated prior to filing the petition. Read the I-130 instructions for confirmation.
  19. Like
    pushbrk got a reaction from Nik+Heather in we dont have pictures and we haven't been to each other's country   
    The bole above applies only to a K1 case. For a spouse the issue is consummating the marriage but he "evidence" is the same. The difference is that USCIS will NOT approve the petition without evidence of consummation. There's no way to waive that, not even the slightest chance like there theoretically is in a K1 case.
  20. Like
    pushbrk got a reaction from Nik+Heather in we dont have pictures and we haven't been to each other's country   
    Proxy marriages (parties not together physically for the marriage act) are not recognized by USCIS for immigration purposes without evidence the marriage has been later consummated. So, unless you've been together in person and have evidence of same, your petition would be denied. Even after consummation, there can be issues with acceptance for petition approval. Getting through an actual visa interview carries an even higher standard of evidence of a bona fide ongoing relationship. Time to buy a ticket to see your spouse in person BEFORE filing any petition.
  21. Like
    pushbrk got a reaction from TBoneTX in we dont have pictures and we haven't been to each other's country   
    The bole above applies only to a K1 case. For a spouse the issue is consummating the marriage but he "evidence" is the same. The difference is that USCIS will NOT approve the petition without evidence of consummation. There's no way to waive that, not even the slightest chance like there theoretically is in a K1 case.
  22. Like
    pushbrk got a reaction from TBoneTX in we dont have pictures and we haven't been to each other's country   
    Proxy marriages (parties not together physically for the marriage act) are not recognized by USCIS for immigration purposes without evidence the marriage has been later consummated. So, unless you've been together in person and have evidence of same, your petition would be denied. Even after consummation, there can be issues with acceptance for petition approval. Getting through an actual visa interview carries an even higher standard of evidence of a bona fide ongoing relationship. Time to buy a ticket to see your spouse in person BEFORE filing any petition.
  23. Like
    pushbrk got a reaction from sachinky in we dont have pictures and we haven't been to each other's country   
    Proxy marriages (parties not together physically for the marriage act) are not recognized by USCIS for immigration purposes without evidence the marriage has been later consummated. So, unless you've been together in person and have evidence of same, your petition would be denied. Even after consummation, there can be issues with acceptance for petition approval. Getting through an actual visa interview carries an even higher standard of evidence of a bona fide ongoing relationship. Time to buy a ticket to see your spouse in person BEFORE filing any petition.
  24. Like
    pushbrk got a reaction from sachinky in K3 still the best route to bring spouse in USA   
    USCIS doesn't issue visas. They'll process your I-129F petition and send it to NVC. NVC will then close it. Two separate government agencies that have a history of turf wars.
  25. Like
    pushbrk got a reaction from sachinky in K-3 petition being sent to Consulate... is it a good sign???   
    Your I-129F and I-130 will have separate NVC case numbers. "Receiving all the stuff" fits with the I-130. There's nothing to correspond with NVC about regarding an I-129F for spouse.
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