coraliesolms

I have other option to present to you -
get married in USA - leave -
then 6 months into yer FOREIGN COUNTRY RESIDENCY - file an I-130 via Direct Consular Filing at the Embassy in that FOREIGN COUNTRY.
Forget the K-1, Forget the K-3.
Good Luck !

VJ is heavily focused on do-it-yourself family immigration. It's a safe bet that most people here who have successfully navigated the process did not hire an attorney, or perhaps only consulted with one. Even if they are aware of an attorney whom they consider to be good, their opinion may not be based on personal experience, so you'd have to take it with a grain of salt. There are also a number of people here who hired an attorney and did not receive good service or had a bad outcome with their case, which is what led them to VJ. About the only valid opinion they could offer is not to hire the same attorney they hired.
Beyond that, any person's opinion of an attorney they actually hired is going to largely dependent on whether they got the outcome they wanted. You would need many such opinions to make an informed decision. An attorney who failed for someone else might very well succeed for you, or vice versa. In the end, hiring an attorney is a lot like hiring a job applicant. Referrals from other people play a role, but the most effective tool is asking the right questions, and knowing if the answers you get are correct.
If you think your case is complicated enough that it would benefit from having a good immigration attorney, then prepare to do some work in selecting one. Educate yourself about the process, and potential problems you might face along the way, and in particular about the unique idiosyncrasies of the consulate where your fiancee will interview. Armed with this knowledge, approach the hiring of your attorney as if you were a manager looking to hire an employee. Your knowledge will help you ask the right questions, and especially help to determine if the attorney is educated enough to help you tackle the consulate stage and succeed. Interview as many attorneys as possible before making a decision.

I agree with what the others have said. You really dont need an attorney unless there are some things complicating your case like criminal convictions, or something else that could potentially get the visa denied. Other than that you have the resources to complete the process yourself within this site.
I also just posted a video of the contents I put in my petition package I sent to the USCIS. It was approved and we are now waiting for our interview date which should come in any day now.
http://fianceek1visa.blogspot.com/
I hope this helps with your decision

I think its a persons duty to help those that are going after you, as you were helped by those before you. Its kinda like a pay it foreward thing, and when I get a PM saying "thank you, your advice totally helped me out!!" I feel like I have done my good deed for the day!

I think its a persons duty to help those that are going after you, as you were helped by those before you. Its kinda like a pay it foreward thing, and when I get a PM saying "thank you, your advice totally helped me out!!" I feel like I have done my good deed for the day!

Ok, so as my POE rapidly approaches, all of these random "OMG..WHAT NOW?" moments are popping up. I am a canadian permanent resident (South African citizen). Do I have to let the Canadian government know that I am leaving? And also, does this mean that I will have to apply for a canadian visitors visa when I want to visit my family up here? (At least until I get my citizenship in the states).
Thank you! (Eventually I will cross the border and be out of everyones hair!).

Well THAT was entertaining reading...Im from South Africa.. and I can ASSURE you, there is NO such thing as "special treatment"...That being said, I think Im going to call the DoS to see if theyve taken my file out of administrative processing yet.

If you dont allow the affidavit, they will not let him get his greencard. Im sorry this has happened to you, but if you allow him to adjust, based on your marriage and get his greencard, you will be responsible for him for 10 years, or until he becomes a US citizen.

If you dont allow the affidavit, they will not let him get his greencard. Im sorry this has happened to you, but if you allow him to adjust, based on your marriage and get his greencard, you will be responsible for him for 10 years, or until he becomes a US citizen.

I think you will find that most people here on VJ don't support people that scam people for a GC.
Since you aren't going to try and prevent him from getting his GC I "hope" he won't scam you further by using public assistance and costing you more.
If you "pull" the I-864 it "should" prevent him from doing so unless he can do a I-360.

Probably because there is still a sub-culture of powerful people in the U.S. that equates the availability of birth control with enabling / encouraging sexual promiscuity. Remember that Catholicism, as well as many other religions (Christian and otherwise) have a major problem with sex for pleasure, as opposed to sex purely for conception's sake. Unfortunately those sentiments seep into governmental policies and are hard to extract.
There is a basic validity to some of those concerns, but nothing that can't be corrected with a bit of childhood sex education and good parenting. In my opinion, of course (but an opinion I think is pretty darn near fact, if I may say so without sounding dogmatic...)

The K-1 visa has a lot of pre-requisites, just like any other visa. These are:
a) A US citizen can file a K-1 visa for his/her foreign fiance.
b) Upon receiving the visa, the foreign fiance has to enter the US within 6 months.
c) Upon entering the US on a K-1 visa, the marriage should take place IN THE UNITED STATES, within 90 days.
These are just some of the important requirements of K-1. So to answer your question, once you receive the K-1, you have to get married in the US. You can not get married in Canada.
If you do get married in Canada, the K-1 visa will be void and then you will have to file an immigrant visa for your spouse (CR-1/IR-1).
Hope this helps!
KnR aka slider100

The first thing you need to understand that neither party in a contract has the authority to enforce the terms of the contract on their own. They have to get an order from a court to do that. This means that the government has to SUE you in order to get any money from you.
The second thing you need to understand is that no government agency is going to sue you in order to force you to support the sponsored immigrant. They will sue you only if she collects means tested benefits from the government, and they will sue only to be reimbursed for those benefit payments. If she never collects any means tested benefits, then the government will leave you alone.
The third thing you need to understand is that the sponsored immigrant may sue you in order to force you to support them. The contract implicitly gives them that authority. This is where things get sticky. Some courts have granted support payments based on the I-864. Some courts have not. It depends on the laws of the state where the court is located. In some states, a plaintiff cannot sue to enforce a contract which they are not a party to, and the I-864 is a contract between the sponsor and the US government - not the sponsor and the beneficiary.
There have been relatively few cases of a beneficiary suing a sponsor for support based on the I-864. Many of these cases were brought during divorce proceedings, and the I-864 was cited as a basis for spousal support. In some cases this has succeeded. In other cases it has not, sometimes because family courts must follow state law in determining spousal support, which often provides a clear formula for determining support, and doesn't provide for any support contract to be considered. In addition, in some cases the beneficiary would fare much better to have support determined based on state law rather than 125% of the poverty guidelines for one person. Whether or not this would apply would depend on the state's spousal support formula, and the income disparity between the sponsor and beneficiary. In the event that the beneficiary does manage to get an award based on the affidavit of support, they're going to deduct her current income from the 125% poverty guidelines to determine how much support to award. If she earns more than $260 per week then it's a wash - she won't get anything.
Your biggest concern should be whether she will collect any means tested benefits, since you will be on the hook to reimburse the government if she does. This is not likely if she has any marketable job skills, or is determined to get an education and acquire some skills after she arrives here. Very few people would be satisfied to come to the US and live on government handouts, or alternatively to live at 125% of the poverty guidelines.

NVC doesn't "approve" affidavits of support. They review them. They reviewed yours and noticed your income does not appear to qualify. They have not required or requested an affidavit from a joint sponsor. They've suggested you "may wish to" submit one from a qualified joint sponsor. They do this even when substantial assets have been shown that WILL qualify the sponsor. If you have studied the requirements and are confident you meet them with income or income and assets, then do nothing. If you don't qualify, send in an affidavit from a joint sponsor who DOES qualify or just send the affidavit to the foreign spouse to carry to the interview. NVC will not hold up your case based on what' in the quoted notice.

There is no basis in US immigration law to deny her a visa based on her history with visas to other countries, even if there was outright fraud involved in obtaining those visas. Of paramount importance is that she does not lie on any document she submits to the US government. If she did not work in Norway, then she should not claim she worked there on any documents she submits. If the question of her work visas is raised, she should be honest and tell the truth.

Hi Julie
Since you are married, you will need to apply for CR-1 visa. You can read about the steps involved here: The Guides
Your husband will need to file a petition for you from the USA, at which time you will remain in Canada to wait out the approval of the visa. However, you can still make trips to the US to visit him if you wish, staying as long as a regular visitor is permitted to stay (possibly up to 6 months) He cannot apply directly at a consulate in Canada (DCF) unless he is residing in Canada.
All CR-1 visa interviews take place in Montreal. He certainly can come to the interview with you if he wishes, but it isn't required, you can go alone. The interview is to ultimately determine your eligibility for the visa. The interviewing officer will ask you questions about your relationship to ensure there is no visa fraud at play, and you will also need to present certain documents that are required before they issue the visa to you. For most couples the interview is rather straightforward.

Quite honestly, this is the time for the two of you to look at moving to your home country to live as a married couple. There is no way to remain in the US and adjust status except through the man who originally sponsored your K-1. Every option requires you to leave the US and apply for the appropriate visa - which will trigger a 10 ban on re-entry due to the illegal presence. If you want to marry and live together investigate what is involved in his immigrating to your country. At the very least you could wait out the ban there, then the two of you move back to the US when it is finished and continue to live here.

In a large city like Mexico City, you will be safe - safer than the border regions or mountainous regions specified on this alert. I sometimes lead group trips into Baja, Mexico and this once included the mountainous regions of Chihuahua and Sinaloa. We won't travel back to these regions without a Military escort. But, I would not worry about Mexico City. Just enjoy yourselves there for the short time that you will be there and have fun.
-Ken

Coraliesolms-(((hugs))) If it makes you feel any better, I totally understand your situation too! Despite us being together while we were waiting, it sure did cause a lot of problems in our marriage too. It definitely created a lot of tension and stress and at times it was too much too. It got to the point where we actually went for counselling, and actually did think about breaking up. And yes, our main point of arguments were on immigration-related issues too.
It affected so many aspects of our lives, negatively...
For example, financially, emotionally, socially, medically, relationship-wise, etc.....
In ways, like you, I couldn't ignore it either. And in ways, I found that my husband didn't fully understand what all the fuss was about either...But then again, he had nothing to worry about, as he could stay..and I was the one that couldn't..
We didn't want to talk about it, but yet we had to talk about it, as it was still there and we needed to do something about it, in order to get it resolved...
Thank goodness I had the help of VJers along the way, who understood better too...lol....
Needless to say, we somehow worked out our problems, and have moved on from that.
And decided to stay together instead of break apart......
Lol..It sure helped that I don't have to deal with immigration anymore.
So I do hope that you are able to work through this. And if you do, it will certainly be a big accomplishment, indeed!
Time heals all wounds. And before you know it, time will pass and you will be done with this too....
Don't worry, you will get through this...You are not alone!
In the meantime, focus on spending time with your husband and your daughter, doing other things.
Things as simple as phone calls, writing to each other, keeping in touch, while you are apart, certainly helps!
Remember the love and time that you have with your family cannot be taken away. Enjoy every moment!...
Don't let immigration win over your life, win back your own life instead!
And if you can work through this difficult immigration process in your relationship, then you can work through anything!
So yes, go take your daughter out for a walk, instead! Have fun!
(lol..if only I could taken my own advice years ago...oh well....)
Good luck on your journey too. And may it work out for the best for you and your family.
Ant

I view it as 'abnormal stress' - and IMO, should be treated as such.
Can't suggest what to do for the husband, but for you , during the next three weeks -
cut contact with him by half and
spend your free time doing
yoga and
aerobic exercise (ya, even speed walking is useful) and
meditation and
get back to that hobby that you've neglected for so long.
The first three get yer body to shift a bit, and a shift of body chemistry without prescriptions is always good.
Seriously - you need to get back to being Human.
You were Human once - remember how it was?
Get back to it - and note - it ain't easy getting back in the groove -
you've allowed this @#$@% Visa Process to permeate your being and yer marriage.
And It Shows.
No, I'm not knocking you, not at all.
Been There, Done That, Wrote the Screen Play, and Sold It .
It's nerve wracking, ya don't sleep, arguments over nothing instantly nosedive into repetitive topics of
'You Don't Love Me' or
'I'm giving Up' or
'Why didn't you do the paperwork __THIS__ way, to begin with?'
You need to relax yerself.
For an immediate jumpstart, for you - get out to a Day Spa on Sunday
and have a deep tissue massage along with a mani/pedi.
You'll feel better, trust me.
If, after 3 weeks of the yoga/aerobic exercise/meditation routine, that stress is still there - strongly suggest you get into a therapist's office and unload all with him/her.
Good Luck !

While our wait was no where near what yours has been, while we were waiting for our I-129f approval the processing time dates kept being pushed back further and further so that the original 100 days that was stated when we filed, became 120 and then 180 - and as we approached and eventually passed the 180th day with no decision, we started having problems. All of our attempts to find out any information - including a visit to his Congressman's office - produced zilch, and we felt like we had been abandoned in the Black Hole of Calcutta. My fiance began to feel that maybe this was a 'sign' that we were not really meant to be together. We started having arguments and disagreements - and as you so well describe it - there was an elephant in the room. He started having second thoughts - and third - and fourth . . .
He was up visiting over Christmas and friends were giving us an engagement party on the night after one of these frustrated discussions. We went and I didn't even know if we were still 'engaged' or not. We smiled and put up the pretense of 'the front' while all the time we were mulling over whether we were going to continue or just abandon everything because it was going no where. The very next day the NOA2 came through - but it was bittersweet because the elephant was still there. I didn't feel any joy or relief - just the sense of not knowing what was going to happen because even though the NOA2 had finally come through, I didn't know if 'we' were going to make it.
He returned home without us having any discussion about the NOA2, and without making a conscious decision one way or another. When I got my package from Montreal I finally asked him if I should continue, and he said 'yes'. We've had a few rough times since but that was definitely the hardest of them all and the one that nearly broke us up. I still tremble to think what might have been - or in this case - not have been.
So, my suggestion is not to make any sort of a decision now while you still have this big unknown in front of you. What you are feeling now will change once that USCIS barrier is gone. Then, when you are not dealing with the stress caused by the 'cone of silence' forced upon you by the Consulate, you will be able to think more clearly about what you two really want. However much longer this process takes, that same amount of time is going to pass no matter what you do. Why not continue to 'wait it out' together? Try not to use the 'wait' as a reason for making a decision about the relationship. Wait until you have a decision - and then decide if this is what you still want now you have that barrier removed.
You are near the end of the process - see if you can wait until there is something more definite before you make a decision that you might regret. Good luck to the two of you, and I hope you hear good news soon.

This is a source of great debate in the AOS forum. I've read tons of threads over there where this simple question turns into a huge argument between a bunch of know it all senior members. Basically, the general consensus is that there is really no legal consequences of filling AOS after the I-94 is expired, and technically there is no time frame you need to file AOS in. You can do it in 3 days, 3 weeks, 3 months, 3 years, 30 years, you still met the requirements of the visa- which was marriage within the 90 days. The problem is that until he files AOS, there is no evidence he is in the US legally. As far as getting a license, getting a job, and really starting his life in the US- the sooner he has evidence of status the better for him.

I did send it via expresspost, and when i track it it says "delivered". So I dont know why DOS says it hasnt been received yet.

Well, immigration and legalities aside. If you have a baby on the way, perhaps you should look into counselling before you dissolve the marriage. Things look horrible sometimes, but sometimes its not as bad as they seem. The thought of being "new parents" can be very daunting, but the truth is that baby needs the 2 of you to give it a go first. REALLY think long and hard about what attracted you guys to eachother, why you loved eachother, and why you got married. Obviously you had something in common and care for eachother or else you would have married and had a baby ( and if you didnt and you did it for a visa, then they should take it away from you). Plan A for you should be to try and save your marriage. What is making you unhappy, what is making her unhappy. Is it that you are having a hard time "adjusting".. think about all of these things before you call it quits. The rest of your life, your wife and your unborn baby are VERY worth it.

Moving to a new country can be daunting. I moved to Canada from SA, and not having friends/fam closeby can be scary. Throw in the fact that I am bi-polar, and a person can do some WACKY things.
This might not be a "visa game" (although it has all the symptoms), it also has all the symptoms of some-one who is bi-polar... (wild spending sprees, rapid cycling highs and lows, violent explosions, crying...) Unfortunately you cannot force her to see a psychiatrist, but if she threatens to harm herself (as you alluded to when she asked about her not being there anymore..) you might have a foot to stand on in terms of "intervening".
Just my 2 cents. Just cus shes an immigrant doesnt mean shes playing the "visa game".
Good luck dude, hope it all works itself out