dyedforever

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101( a)(15)( B ) or ( F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214( B ). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

http://travel.state.gov/visa/frvi/denials/denials_1361.html

Oh sweet, I appreciate this. Obviously now, we're talking about the K-1 visa. Do you know if those requirements factor in to the approval of a K-1 visa?

No. The foreigner getting the K1 visa is not expected to return to their home country. They are expected to marry their US citizen sponsor and remain in the US. The "strong ties" requirement is only for temporary visitors to the US.

Thanks for clarifying. I appreciate everyone's help and advice.

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101( a)(15)( B ) or ( F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214( B ). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

http://travel.state.gov/visa/frvi/denials/denials_1361.html

Oh sweet, I appreciate this. Obviously now, we're talking about the K-1 visa. Do you know if those requirements factor in to the approval of a K-1 visa?

I just briefly skimmed over the list of illegible factors which would deny a person of a visa in the link you provided, JimVaPhuong. I just happened to notice this particular clause in the link.

(4) Public charge.-

(A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(B) Factors to be taken into account.-(i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and

financial status; and

(V) education and skills

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

I understand that all those factors are calculated in determining visa eligibility, however, does anyone have experience or knowledge on how big the factor of "assets, resources, and financial status of the fiance(e) play in this determination?

(A little off-topic of K-1 Visa) In addition, I've mentioned before that my fiancee previously was denied a tourist visa and the reason that they gave her was that she might try to illegally reside in the US after entry. I was not able to find that clause within that list. Can someone tell me if I missed that particular clause?

Provided you comply with all the requirements and have ni disqualifications (criminal record, etc) you should get your visa

Is there a place where reference to these disqualifications can be found?

regardless, of what you decide to do, you will have a big enemy. That is the country where she is from.

Coming from the USA you may think that requesting a form like a police certificate will be easier.

This is not the case in Venezuela.

1-Be prepared to pay money to get all your documentations done. This is money you may pay to the so called "gestores"

2-Make sure she has the latest passport. Otherwise the US consulate will not approve. It takes months to get a new passport. Again be prepared to pay.

3-the oficial $/bs is about 1$= 2500. This is not the street value. It is illegal to communicate the street value. It may also be illegal to carry $ in Venezuela.

4-Because of the above it may not be convenient to send money there. ( you may loose more than 60% on the exchange)

5-Before you go, ask in which area you will be staying. Some areas are really dangerous. (murder)

6-You will be target just because you are a "gringo"

I am not suggesting you to do illegal things, nor i am saying that Venezuela is a bad country. I am just giving you some "facts". If you are in the money, I suggest you meet in one of the islands, like aruba or curacao. That why you can tackle the meeting issue, and you can go with the K1 as to have the least possible contact with the V gov.

Thank you for your advice. I'm am ready to spend whatever money and time it takes for us to be together. I just don't want it to turn into a mess.

I understand you're concern. We've chatted through the internet, through Skype and other various forms of e-communication, in addition to over the phone. She supported me and was there for me when I was deployed. I appreciate your advice as well. Thank you. =)

I repeat, people are very different when living long distance from the way they are when living under the same roof. I cannot tell you how many times I "fell in love" with the perfect girl just to never want to see her again after we spent a week together under the same roof. Take the time and money and spend at least a week together away from her home. That will show you her through character.

Also, was the tourist visa denial intended for her to travel to the USA to be with you? Just curious, because if she enters the USA with a tourist visa to marry you, she can get in a lot of trouble.

And the last question: has she ever been outside Venezuela? It is not the same to say "I love you" when you are still living in a familiar place than when you are thousands of miles away from anything or anybody familiar.

And a correction from another poster: It is NOT illegal to carry $$$$ in Venezuela ... but you should not carry many $$$$ with you unless you want to be kidnapped or worse, murdered in the middle of the street. Also advisable, never carry a watch or any type of jewelry. And never talk on a cell phone if you are on the street. Get inside some safe place and talk on the phone there.

If you were deployed to the middle east, you may feel that there is nothing more dangerous than that. The problem is that unlike the middle east, in Venezuela you do not know who the enemy is, and besides, you won't have a gun to defend yourself. You will only realize the gravity of the situation when you get a firearm pointed at your head by somebody who does not really care the difference between using it or not.

Get in a plane and get to know your woman. Then, worry about how to bring her close to you.

I'm completely aware of your first statement. What I'm getting from all this is I have to meet her in person first regardless.

No, she applied for a tourist visa well before I met her.

And lastly, that is your own opinion and you have the right to that, however I do wish we remain on the topic of my situation. Thanks again for your advice and suggestions.

Let me answer your questions and then ask you a question:

You do not need to get married in Venezuela. Like you said, the residency requirements are too difficult to fulfill. It is better to go the fiancee route, but you MUST see her in person first. It can be in Venezuela (if you have any sense of adventure and like the idea of survival), or it can be in a third country where you and your fiancee spend some peaceful time together. If you do either, keep any and all documentation of your trip (boarding passes, hotel receipts, etc) and take a few photos together.

Also, in Venezuela you are not allowed to attend the interview, so do not plan on it. You will be asked to wait outside.

Now my question: how come are you two engaged to be married if you have never met in person? Aren't you afraid that you don't really know a person until you live together?

If I were you, I would be less worried about the process and more worried about getting to know the person (in real life) before embarking on this long, expensive, and trying process.

Good luck!

I understand you're concern. We've chatted through the internet, through Skype and other various forms of e-communication, in addition to over the phone. She supported me and was there for me when I was deployed. I appreciate your advice as well. Thank you. =)

Thank you Gary and Alla and JimVaPhuong for your responses. I just recently found this site and have found it to be very useful in providing information. On a quick note, I thought I read somewhere about the US citizen going over to the country of citizenship of the fiance(e) to interview with their Consulate somewhere in the whole process of this? I'm some what confused about that. I guess to better ask this question, would I have to interview with the Venezuelan government in regard to bringing my fiancee over to live with me in the US?

Your only dealing with Venezuela will be for her to get a police certificate showing no criminal record. You are prtitioning the US government, Venezuela has nothing to do with it.

Your fiancee will have an interview when she applies for the visa, several months after you file the petition. You can attend but it is not necessary, I strongly suggest it. You MUST ("carved in stone" type MUST) have met in person before filing a K-1 petition and show evidence of that with the filing.

The interview takes place at the US consulate, it is the US government that interviews her

So she will need a police report saying that she has no criminal record for the interview process at the US Consulate in Venezuela?

Also, in your experience, what are the chances of the Visa being approved after you have filed the petition and finished the interview? I know it's a case-by-case basis, however, I'm just wondering what I can expect to be presented with and to occur.

Thank you Gary and Alla and JimVaPhuong for your responses. I just recently found this site and have found it to be very useful in providing information. On a quick note, I thought I read somewhere about the US citizen going over to the country of citizenship of the fiance(e) to interview with their Consulate somewhere in the whole process of this? I'm some what confused about that. I guess to better ask this question, would I have to interview with the Venezuelan government in regard to bringing my fiancee over to live with me in the US?

no, the interview is at the US consulate for the fiance(e)... when able, the USC can accompany/join/be in the neighborhood for the fiance(e)'s interview

Oh now I understand thanks. And this would be after the whole K-1 process has started correct? This would be at step 13 in the K-1 Flowchart?

Thank you Gary and Alla and JimVaPhuong for your responses. I just recently found this site and have found it to be very useful in providing information. On a quick note, I thought I read somewhere about the US citizen going over to the country of citizenship of the fiance(e) to interview with their Consulate somewhere in the whole process of this? I'm some what confused about that. I guess to better ask this question, would I have to interview with the Venezuelan government in regard to bringing my fiancee over to live with me in the US?

Here is the following situation:

I am 24 years old and an American citizen born in the United States of America. I've met my fiancee who is a Venezuelan citizen who currently resides there. We are hoping to get married, however we do not have "solid" proof of our relationship or that she and I are fiancee/fiance respectively to each other. This would not be a serious issue if she was able to come to the U.S. with a passport, however she previously applied for a tourist visa to the U.S. and had been denied because of suspicion that she may choose to illegally reside in the U.S. after her entry (I'm guessing if she re-applies, she will most likely be denied again).

THE ENDSTATE: We would like to married and for her to live in the United States with me.

I've been doing some research myself as far as what my options are. I'm looking for some advice, suggestions, and help regarding this issue and hopefully a resolution that would benefit both me and my fiancee.

From what I see, I've come to the conclusion that the following are my options.

A. Apply for I-129F (Petition for Alien Fiancee). Upon success of this, have my fiancee apply for a K-1 Fiancee Visa in Venezuela in order for her to come to the United States and get married here within 90 days. After we get married, apply for her residence and green-card (I actually haven't looked this far for this option yet).

IMO: I think this would be a very difficult option in terms of achieving the successful endstate due to the fact that we do not have really "SOLID" proof of our relationship/engagement due to the fact that I've yet to see her in person despite the fact that we have hours of correspondence and phone bills to reflect our communication with each other. Unless someone knows the likelihood of said petition actually going through and her likelihood of getting her K-1 visa approved afterwards?

B. Travel to Venezuela, and get married with her in her country. I still have to apply for the I-129F petition I believe (I haven't figured out what the correct form/petition for a spouse)? She would apply for a K-3 visa. Once she is here with me, we can either immediately try to apply for her residence here with me, or go through the additional steps of getting a civil marriage in the states for a more solid reasoning for her to stay here with me.

The following issues arise:

1. I hear it takes a while for the paperwork to process in Venezuela if you are a foreigner who is getting married with a citizen of Venezuela. From a few weeks to a few months.

2. I've already taken the steps in order to attain their required paperwork, however have stumbled upon a "glitch". One of the Venezuelan Government requirements for marriage is for the individual to obtain a letter stating that they are single which is notarized by the local county clerk. Upon inquiring this from the county clerk, I was told that they would not notarize said letter due to the fact that there is no "hard proof/evidence" that I am not married. I proceeded to ask the state, and they informed me that I can apply for no proof of marriage record which I did. So the question is if this notarized letter w/ apostille certification will suffice this requirement for the Venezuelan government.

3. Aside from the "horror" stories I've heard with getting married to a citizen in Venezuela, I do not know the probability of getting married to my fiancee there.

IMO: I'm already pursuing this option. I've searched for information through multiple channels and hopefully will find some information and help here. If you have any suggestions, advice, or help for this it would be greatly appreciated.

THANKS EVERYONE FOR THEIR TIME AND CONCERN!!!