iLoveAPolishGirl

Ok, apparently few people here understand B-2 visas...

There are no concrete guidelines as to how long your fiance will be allowed to stay in the US. That decision is made by the Customs Border Patrol officer at her port of entry. See this web page from US State Dept. website. http://travel.state.gov/visa/temp/types/types_1262.html

... and all comments about some mythical 90 day max duration of visit ...

Sorry, there ARE concrete and specific regulations:

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2( b ) Visitors --

http://www.uscis.gov/propub/ProPubVAP.jsp?...8e046afc8800b72

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

dvc

Yea, batam is probably right

As per whether u are hit at the border, I guess, depends on the state of US immigration software used at the border, so ... would you be hit? I don't know.

Based on what I read about your situation here, you probably *should* be banned as per immigration law, but I have no idea if that will or will not actually happen. You might just want to go ahead and give it a try... it would only be wasted gas, I suppose, if you are turned back at the border. I doubt anything more serious would happen ... but I don't really know ... ?

Best of luck!

dvc

Don't know what 'trailmix' said, as it has apparently been edited out, but you have multiple options:

- If you should happen to come visit with no intent of staying permanently, then later decide marry and petition to the USCIS for "Adustment of Status" (AOS) to permanent residency, that would be perfectly legal. Note the "intent" bit, as it is critical

- Alternately, if you want to marry in the USA later, then the USC can file an I-129F for a K-1 "fiance(e)" visa, which will take.. on average... 6 .. 8 months (maybe less, maybe more) like many of us here (see the K-1 forum and guides).

- Alternately2, you might decide to marry there in Canada, then the USC would file an I-130 (and an I-129F, not sure?) petition to bring his/her wife to the USA under either a K-3 or CR-1 (I believe it is) visa (don't know much about this, I'm afraid!) ...

- Alternately3, if you both decide to reside in Canada for an appropriate time (6 months?), the USC could do a direct consulate filing to bring the alien spouse to the USA (I-130 and maybe I-129F? not really sure) which seems to be the fastest approach possible for those that qualify .. as I have heard... (?).

Read the Instructions / Guides on this site for more info. Each case is unique. I don't know and wouldn't even try to guess what is the best for you

Best of Luck!!!

dvc

... I know she feel concerned because of me not paying on time.

You are not paying WHAT on time TO WHOM and for what REASON?

If you are not paying HER on time for something, then it sounds like she is scamming you.

If you were asking her for money, then, as said previously, she may believe you are scamming her.

Most likely, if the USCIS learns of any regular payments from one to the other of you two, and you cannot prove a reasonable, plausible (non-visa related) explanation, they would likely red flag this petition and you would probably have no chance of approval. Indeed, you might be permanently barred from ever entering the country!

dvc

He doesn't need a sponsor until the embassy interview .. if ever

I don't know specifics for H2-B either, but I do know that H1-B's regularly adjust status to permanent even without marriage (I understand from many Indian friends there is only a time limitation under normal... eg. no marriage to USC or other extenuating factor .. circumstances), so, if H2-Bs have the same requirements, there should be no problem. And certainly no need for a K-1 visa!

In general, if there was no intent upon entry to the USA to adjust to permanent status, there usually is no restriction from marrying and petitioning for AOS for *most* visa types. The main exception I am aware of is a J-1 visa with a 2 year residency requirement.

dvc

I've heard (read from posts here) some embassy/consulates require 3 years (if I remember correctly?) Since nobody's mentioned that, I can only assume it is not a requirement for Costa Rica (?)

You might want to verify with someone who's successfully worked with this embassy .. or contact the embassy for verfication

dvc

What could be the evedance they want?

Call the VSC and ask.

dvc

oh, sorry, I mis-read your post... she is USC, so she should send u copies of the entire 129F packet... She will need the signed docs above from you to make the packet

dvc

Well, you need original signed G-325A's and an original signed Letter of Intent from her

Although, I've heard it *might* be acceptable if you sign her name with her permission (?) ... not sure of that

Thanks Gary I'm waiting a call back from someone in Empire College with precise info on NYS requirements

dvc

This is VERY helpful info griffin!! Many thanks

dvc

Many thanks Kaffy!

Ah! just found this... apparently there is also an "alternative program" ...

http://www.highered.nysed.gov/tcert/career...htm#alternative

New York State also offers an alternative preparation model aimed at mature, second career professionals.

... which sounds like it might apply. If anyone has any knowledge of this or similar for other states, I much appreciate it!

I've also been looking into pathways for someone to teach on a J-1 visa... not that we would expect to need one, but rather since I would expect a similar set of streamlined requirements based on prior experience.

TIA!

dvc

Thanks everyone.

Read this:

http://www.highered.nysed.gov/tcert/certificate/

http://www.highered.nysed.gov/tcert/certif...foreigncred.htm

Then come back and ask later if you have any further questions

Many thanks kaffy! We were looking for this on tcert, but didn't see it!!

Do you know how to register on this site if you don't have an SSN? We couldn't find any way to do that either! Most colleges issue fake ssn's to foriegn students for ID purposes, so I expected some way to do this here, but don't see it.

Also it says:

Copies of original credentials must include an original signature and seal from a United States Notary Public on each copied page submitted.

What is this... a notary public must validate the copies when the copies are made? I've never heard of a notary doing this. Would this be something my fiance would get done at the Embassy in Warsaw?

Finally, do you know who would have to make the translations? Could my fiance do them or would they have to be translated by an independent agency?

thanks!

dvc

My fiancee is a language teacher in Poland and would like to continue teaching here in the USA, but we are having difficulty understanding what we need to do so that she can get proper recognition / evaluation of her academic studies / diploma from abroad (Poland)

I assume she will need English translations of some kind and perhaps some evaluation of her curriculum, etc? Has anyone been through this process before? I would suspect it must be similar to the process required for a student to transfer here for advanced studies from abroad (?)

Any guidance or pointers would be greatly appreciated!

TIA

Yea, my heart goes out to you (everyone, not just the OP!)! This process sucks and there doesn't seem to be anyway to make it suck less. Just wait and hope and hope and wait that *WE* don't become one of those stuck in AP or some alternate version of US VISA purgatory or HELL!! Oh, well, not much we can really do, is there?

Best of luck to everyone and best hopes that your process will be smooth and fast!!!!

dvc

hmmmmmpft to you Maire

and also to not a single approval on the 1st... after the dang push to hit a quota! dang-nab-it

Hey, it's Friday ... they are just out partying!!!

dvc

Well, I hope u didn't SAY he was here illegally on anything you submitted!! If so, you definitely need a lawyer, I would think!!

However, if you just say you met here and provided some photos, perhaps you can simply cancel the petition, go to mexico and meet him again, then file a new I-129F (?) (omitting any mention of previous meetings in the US!!)

You might want to get some legal consuling first though, as you'll be throwing $455 down the drain

Contact Catholic Charities if there is one near you (most likely) and get some guidance.

Good Luck!!

dvc

What about after we are married?? We are getting married not this summber but next. After marriage...even if he is here on a working permit...what do I have to apply to?? And we are building a house in Jamaica....what do I have to apply for to live there as his wife??? Thanks so much for the help everyone!

If you want to migrate to Jamaica, you'd have to look at Jamaican immigration laws, which I doubt anyone here can help you with.

No special visa is needed for you to marry here if he does not intend to stay, however the stay would be limited to less then one year normally and he wouldn't be able to work legally. If what you want is for him to have the ability to simply stay here for one year, then marry, then move to Jamaica, then a work visa could indeed help with that *if he can get one*. Possibly another option could be a student visa if that is of any interest.

Good luck!

dvc

I'm not sure either, but there are multiple types of work visas depending on the kind of work (not just H1's) Also, the specific process may differ for the various visas / situations. It is possible that your dad my need to send a petition to the USCIS before he can apply for whatever visa, I don't know. Read the guides on the www.uscis.gov site.

dvc

Yes, a B-2 Visitor's visa is the appropriate option. However, if you have (or expect to have) difficulty in your fiancee getting one, you should go with to the interview. See this thread about how one member overcame his fiancee's difficulties at the US Embassy in Warsaw, Poland and managed to get them to issue her a 'multi-visit' visa ....

http://www.visajourney.com/forums/index.php?showtopic=188490

dvc

I think i have seen some one on the forum say theere is a place to check? Its 30 days today and me and my girl have another 4 maybe 5 maybe 7 months to go Oh god I miss her so.

Well, there is no way to know how long YOUR particular case will take, but Igors list will give you an approximation. Your timeline contains an estimate for adjudication (receipt of NOA2 approval) ... yours says:

Based on timeline data, your I129f may be adjudicated between July 26, 2009 and August 5, 2009

After adjudication it will probably take another 2..3 mo to have the interview & get the visa.

Today, VSC has just issued it's first (non-expedited) NOA2 with an NOA1 of Feb, so ... even in the best case senerio, you probably have minimally 2 months more before NOA2.

Sorry for the bad news!!

Keep your chin up

My fiancee and I skype daily (for HOURS ) ... which doesn't speed it up at all oh well!!

dvc

Fundamentally, if your intended comes over with "intention" to somehow convert to a more permanent status (excepting certain visas that allow this), you have commited visa fraud which can bar your intended with ever being readmitted (in any capacity) for life.

However, if you did not "intend" such a deception, then all is good and right with the world and you will be accepted with open arms... Ok, maybe not quite that easy, but... not to worry

If I sound slightly cynical, than it just maybe has to something to do with the shear idiocy of this american system??

dvc

Per form I-9, employers are now required to verify EAD, and are required to look for an EAD Photo ID Card.

Shoot! I forgot to bookmark the USCIS page, but... EAD stamps on I-94s are *specifically noted* as remaining as valid proof in the April 2009 changes to I-9 requirements. Sooo, sorry, but the above statement is only partially correct.

As per the confusion between USCIS vs SSA stated requirements, the SSA clearly states that a K-1 (along with a number of other visa types) are very specifically authorized as acceptable for proof of employ ability by US employers (at their option) as of THIS MONTH. The previously cited USCIS document that states otherwise is dated Jan 2006. So.......??????? ..... WTH is the actual policy, I'd like to know (from an official source!)

dvc