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SalishSea

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  1. Like
    SalishSea got a reaction from Chancy in K1 Visa Proxy Marriage   
    Are you seriously asking if they care whether people have sex before or after marriage?
     
    The requirement for the K-1 visa is that the marriage takes place in the United States.  If you cannot comply with this, it is the wrong visa for you.
  2. Like
    SalishSea reacted to NancyNguyen in K1 Visa Proxy Marriage   
    Another one wants to play with system.
  3. Like
    SalishSea got a reaction from Diane and Chris in K1 Visa Proxy Marriage   
    Are you seriously asking if they care whether people have sex before or after marriage?
     
    The requirement for the K-1 visa is that the marriage takes place in the United States.  If you cannot comply with this, it is the wrong visa for you.
  4. Like
    SalishSea got a reaction from Tm and Je in K1 Visa Proxy Marriage   
    Are you seriously asking if they care whether people have sex before or after marriage?
     
    The requirement for the K-1 visa is that the marriage takes place in the United States.  If you cannot comply with this, it is the wrong visa for you.
  5. Haha
    SalishSea got a reaction from Oko Vicki in K1 Visa Proxy Marriage   
  6. Haha
    SalishSea got a reaction from Coco8 in K1 Visa Proxy Marriage   
  7. Confused
    SalishSea reacted to jembtimeline in K1 Visa Proxy Marriage   
    Please do not respond to this unless you have firsthand experience or are an immigration attorney.  This is a very specific subject, and opinions, however well intentioned, have the ability to do damage.
     
    My fiancee and I are engaged to be married and are awaiting a K1 visa.  Due to religious reasons, we will not have sex until we are married.  Also, for religious reasons, we will do a religious ceremony after the marriage, which is not accepted by the country in which she resides as a legal marriage.  But this ceremony is what is important for us.  Our original plan was to get a K1 visa and get B2 visas for her family, fly them up and get married in the US then do the religious ceremony.  Due to the delays, we foresee our K1 getting issued far before her family can get visas.
     
    I have studied the subject of unconsummated proxy marriage, and immigration law appears to treat the "spouse" as a fiancee:
     
    https://fam.state.gov/fam/09FAM/09FAM010208.html
     
    I realize this is a tricky subject because many people have tried this route with various results.  However, every case is different.  Consummated by definition means sexual intercourse, but my understanding is that for spousal visas immigration accepts evidence of in person meeting or even a statement from the couple.  However, in those cases, they are trying to meet the requirement of being married.
     
    In our case, the option we are considering is to marry by proxy after the K1 visa is issued, then do our religious ceremony in her country, then bring her to the US and consummate the marriage.  Obviously we do not have the intent of committing immigration fraud.  In this situation, by the letter of the law, we would not be married until we arrived in the US and consummated the marriage.
     
    Does anyone have experience with this?  When she attempted to enter the US would she be barred from entry due to having been in each others physical presence?  Would immigration find out years down the line that I entered her country and assume we consummated the marriage therefore committing fraud by using a K1 for entry?  Would a sworn affidavit explaining that we did not consummate the marriage until a certain date remedy any potential issues?
  8. Like
    SalishSea reacted to Marieke H in K1 Visa Proxy Marriage   
    This is a terrible plan. Don't do it.
     
    I don't have firsthand experience and I'm not an immigration attorney, but hey, it's against the TOS to tell others not to post. If you only want immigration attorneys to respond, you should probably pay one to do so.
  9. Like
    SalishSea reacted to Boiler in K1 Visa Proxy Marriage   
    Another one where I shake my head, CR1 would have been so much better.
     
    Consult with a competent immigration lawyer.
  10. Like
    SalishSea got a reaction from PaulaCJohnny in K1 AOS from outside US?   
    Well, yes, but......did you not know about that huge downside when you chose that visa?
  11. Like
    SalishSea got a reaction from Lucky2Lucky in K1 AOS from outside US?   
    Well, yes, but......did you not know about that huge downside when you chose that visa?
  12. Like
    SalishSea reacted to Boiler in Tourist Extend Stay I539 not Approved Yet   
    You got to it before me, and yes you can expect USCIS to know what the deal is and if you state a reason which is obviously false you can expect a refusal.
  13. Like
    SalishSea reacted to aaron2020 in Tourist Extend Stay I539 not Approved Yet   
    Vietnam has not closed its borders to Vietnamese citizens.  You posting that Vietnam has closed its borders to your mother is not true.  

    The Vietnamese Embassy and Vietnamese consulates have repatriation flights.  Even though prices are high, it's not impossible for your mother to return home.
     
    You can apply to extend her visit.  If her extension is deny, then it will be extremely hard for her to get another visitor visa.  

    Your father is in the US.  Is he a US citizen or LPR?
     
    Are you a US citizen?
     
    Consider applying to adjust your mother's status if either of you are a US citizen.
     
     
  14. Confused
    SalishSea reacted to FlowerofPumpkin in Tourist Extend Stay I539 not Approved Yet   
    I stated clearly in my story and my question was what should I do next. Thanks!
  15. Like
    SalishSea reacted to Boiler in Tourist Extend Stay I539 not Approved Yet   
    I was wondering the same, did not realise there was any Country banning its own citizens returning.
     
    Technically she does not have to go home, just leave the US.
     
  16. Like
    SalishSea reacted to Boiler in Revoked IR/CR I130   
    There is a tendency for us to fill in the gaps, which may of course give a false feel for your situation.
     
    I would tend to go with the above as an obvious route, time together would resolve most issues.
  17. Like
    SalishSea reacted to Crazy Cat in Revoked IR/CR I130   
    I am sorry to see this post.  This kind of issue is best solved by the US spouse relocating to the foreign country....at least for a while.  
  18. Like
    SalishSea reacted to aaron2020 in Revoked IR/CR I130   
    You have a lot of red flags.

    How did you guys meet?
  19. Like
    SalishSea reacted to Boiler in What is the Local Temperature where you are - Take 2   
    A surprisingly high 30F but the wind chill brings it down to a more comfortable 17F
  20. Like
    SalishSea reacted to AstroCanada in K1 AOS from outside US?   
    K-3 visa could become relevant again now that all the other timelines are taking so long.  They essentially phased that visa out because it was no faster than the CR-1's.   It took us about 9 months for our CR-1 in 2016, and I thought that was long at the time.  I won't complain for sure now.  
  21. Like
    SalishSea got a reaction from Lemonslice in K1 AOS from outside US?   
    Well, yes, but......did you not know about that huge downside when you chose that visa?
  22. Like
    SalishSea reacted to HRQX in K1 AOS from outside US?   
    I'm confused since your first post said: "Ideally I would want to come back to Canada" Wouldn't you also encounter the $2000 hotel in that situation?
    You cannot AOS from abroad. You could marry in the US (either with the K-1 or as a Canadian B-2 visitor), leave, and then start IR-1/CR-1 path.
  23. Like
    SalishSea reacted to Crazy Cat in K1 AOS from outside US?   
    How many canceled K-1 interviews will Montreal have to reschedule before you can schedule your interview?
  24. Like
    SalishSea got a reaction from Adventine in K1 AOS from outside US?   
    Well, yes, but......did you not know about that huge downside when you chose that visa?
  25. Like
    SalishSea reacted to Boiler in Cancelling Affidavit of Support?   
    And Alimony etc of course if applicable works both ways.
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