Josh2018

I am a US citizen.  I was born in Colombia, but I was adopted when I was a few weeks old.  Upon my birth I was given a Colombian name but the name was changed when I was brought to the US.  I am now filling out form i-129 and I am wondering if I need to list the Colombian name that was used for the first few weeks of my life.  I know my situation may be very unique but I am wondering if anyone has any idea about what I should do.  Thanks

Hello Everyone! 

I am 33 and she is 30 with a 7 year old son.  They are Colombian.  We have a loving, well documented 5 -year relationship.  We have visited each other dozens of times.  We were planning to get married Spring 2019. 

We recently applied for the F-1 Student Visa, we were denied, and they had their B-1 Tourist visas revoked.  We are very excited to be engaged and are feeling very optimistic about our chances when applying for the K-1 and K-2 Visas in January.   

Are there a lot of extra forms for the K-2 Visa?   If his Colombian dad is a loser, is that an issue?  I'm fairly certain he needs to sign some kind of special permission.

What types of things do they ask in the K-2 Interview?

50 minutes ago, Clara Monteiro said:

You should be fine. Did they give her a letter saying why her visa was denied?

No they did not. The guy was very rude to her and when she asked for a reason he only said "You didn't follow the laws of the US and it's revoked and then he walked away and left her standing there by herself.  I don't understand why they have to be so rude??

Thanks everyone.  I just checked her most recent I-94 and she did not overstay.  The "admit until date was December 1st and she left on November 29th. So that's good news right?  Any other reasons why they might deny the K-1 or CR-1?

2 minutes ago, JE57 said:

Part of the K-1 is a signed letter with intent to Marry.  I see little reason to believe that the K-1 is more likely to be denied.  Certainly there may be a question or two or three at her interview about the timing of it all.  Basically they may question why she didn't pursue an immigration visa prior to her B2 being revoked.  The fact that she applied for a Student Visa does also suggest that marriage is not something that you were interested in prior to the revocation of the B2.  So is it possible that she would come in and overstay her K-1 without marrying and will she be asked about this? Sure she'll be asked.  She should be prepared to explain why she wanted a student visa instead of a K-1 or CR-1 and what has changed that she is now ready to marry you.  However,  your relationship is solid, her visits to the USA have all resulted in a return to Home Country.  So I don't see it being an issue with a K-1 Approval.  Talk with her about your marriage plans so that she can speak to the interviewer about them if asked.   What you are suggesting is that the CO may see a K-1 as a way to illegally immigrate to the USA and thus deny.   That seems unlikely to me since logically the following suggests otherwise.....

  a) She could have overstayed on any previous visit if that was her intent. 

  b) You'll sign an affidavit of support for her meaning you'll be on the hook for her financially if she attempts anything outside the normal process.

  c) Once she enters the USA on a K-1 marriage to you is her ONLY path to a greencard, any other path leads to her being deportable.

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So while it may look suspicious that perhaps the two of you preferred not to get married previously the fact that it is her only option to get to the USA now should not outweigh the fact that you have a documentable relationship.

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Bear in mind her B2 was revoked because of presumed immigrant intent and the K-1 while technically a non immigrant visa is realistically a visa for someone with immigrant intent.  They denied her student and revoked the B2 for immigrant intent so requesting an immigrant status should be fine!

 

Thank you so much for this amazing answer.  We appreciate all the details!

Thank you all for your responses,  I have been very stressed out about this situation and it helps me to hear from you all.  We really appreciate it.

Of course we were confused (no reason given) as to why they revoked her B-2 Visa.   I just discovered this website https://i94.cbp.dhs.gov/I94/#/home which confirmed she did not stay more than 6 months.  Her big trip here was from June 2 to November 29  (181 days). 

We want to be together as quickly as possible so I am leaning towards the K-1.  

Is it more likely to being denied a K-1 than a CR-1 in our situation?  Would they perhaps think she had some intent to return to the US and not actually marry me?   Also I can see on that website that she has actually visited me 12 times since the middle of 2014.   

I am 33 and my girlfriend is 30.  We have been in a relationship for 4 and a half years.  We met when I was living in Colombia and after a few months of dating we began living together in Colombia for about 6 months.  I had to move back to the US and over the past 4 years we have visited each other about 15 times. 

Sometimes I would travel to Colombia and sometimes she would travel to USA.   She also has a son from a previous relationship who is now 7 years old.  He has traveled to the US with her to visit me about 4 times.  The three of us have taken trips to DisneyWorld, and also to Toyko, Japan.  We have lots of photographic evidence of our relationship.

On their most recent trip to visit me, they stayed for 5 and half months.  While she was here we decided to apply for an F-1 student visa.  She then returned to Colombia for her student visa interview.  They denied her application for the student visa and they also revoked her tourist visa.  Now we don't know what to do.  The three of us want to be together here in the US.    We are unsure if we should quickly get married in Colombia and then apply for the CR-1 visa or perhaps just apply for the K-1.  We would really appreciate some advice from you guys.