Nigel&Meggie

I have visited my fiancee twice since we filed the K-1, once for 10 days and once for just under the 90 day limit. Got in both times but had a tough experience on one of the visits. It's just luck what kind of mood the officer is in on the day.
Like others have said, it's ok to try, but do not assume you will be let in - and bring as much evidence of ties back home as possible, no matter how insignificant it may seem.

It's simple.
Your petition has to get to the adjudicator's desk. There are not enough adjudicators to handle the volume.

Well stated and I can understand the frustration, but I don't believe the 'crusade' will work. There is a lot more involvd than you guys seem to think.
Sorry, but the 'crusade' attitude is just wearing on me. I'd prefer to just be patient. But that's just me.

Nice letter. Although I would change "rip" in the sentence above to "reap."

I would spend alot of time talking up your country to your husband...))

I would get a consult from a lawyer.

WOW.

As the spouse of a US citizen, you are eligible to file for Adjustment of Status (AOS) and the whole thing would be straight forward despite your overstay. However, and here I have to agree with Bob, the misinformation regarding your martial status can become a dealbreaker for life. Normally I'd suggest you return home and file for an CR-1 visa. This won't work in your case, however, as you would trigger the 10-year bar the moment you leave.
If I were you, I would find two or three top notch immigration attorneys and present this issue at an initial consultation. Understand that an attorney cannot do anything illegal, so you'll have to state that you erroneously made this mistake, not that you planed on using fraud in order to get a visa that would allow you to enter the United States. They'll understand the same way we understand this right away.

What we do in haste come back to haunt us in many ways.

Actually they could be charged with Material Misrepresentation which would trigger a lifetime ban. Then they would need a hardship waiver to overcome the ban.
Why "Material" Misrepresentation instead of just misrepresentation? Well because the "I'm married in my home country" statement is used to prove strong ties back home. If the B-Visa issuance hinged upon that strong tie then they misrepresented a material fact that swayed the decision to issue the Visa.

3 months is almost impossible, probably closer to 8-12 months. Just so you know that straight off the bat. You can visit the US as long as you bring evidence that you will be returning home at the end of your stay. It depends on what happens at the border if you is allowed in or not. With sufficient ties to home you should be. Visiting will not have any impact on your visa application so you might as well send that ASAP. There is no problem whatsoever for your fiance visiting the UK during that time.

lol......
I didn't know I could argue like that ........but she just rubbed me the wrong way, because she has no idea what it's like to be one of the ones sitting here waiting and waiting to be with their spouse and not having any control over it.....It's the hardest thing ever......
Congrats again to you;)

I am sure the package was beautiful, but I guarantee it was torn apart once they received it.

I sincerely don't thing you should feel bad about receiving your NOA2 quickly its truly something to celebrate! However the under tone of the post is far from good taste...while it may not have been your intention it gives the feeling of pure mean spiritedness...just my opinion.

yup, I agree.

I think this is something better to keep to yourself. Maybe it's just me but it comes across a bit more like boasting than actually feeling guilty.

I saw this online this morning. I can't believe all of the fuss over a single Kinder Egg! I know that they are not sold in the US but didn't realize it was such a serious issue to bring one in. Too funny!
Banned Kinder Surprise
I love this part: "As trivial as the border seizure may seem, Bird said the U.S. government has sent her a seven-page letter asking her to formally authorize the destruction of her seized Kinder egg."

Though uncomfortable, having a period at time of medical is not an issue.

There is no "some say this" or "some say that." The law is very specific here. The K-1 visa allows for a one time entry in order for a US Citizen and a foreign national to get married and then allows the foreign national to apply for an adjustment of status which can lead to long term residency.
The goal of her coming to the US was to marry this person. If this doesn't happen, she needs to go back.

#1. The letter from Customs that said not to go was from an individual giving his advice. Since he can't promise you will get in and he isn't completely sure about how it affects the K-1 (because he works for an info center for USCIS, not on immigration visas specifically) the safest answer is to advise you not to go and therefore, you will have no problem. He's covering his butt, which is more or less what you have to expect from those types of resources. Perfectly respectable, but not very helpful to us. Here is a link to the US Embassy in London's page with a direrct answer to the question:
http://london.usembassy.gov/faq-imm-proc.html#iv038
#2. I have visited Meg twice while waiting for my K-1 approval. The first time was a 10 day trip and I got hell at immigration, but I got through. The second trip was for 80 days and I sailed through after 2 questions. I think the most important thing that helped me was that I was honest. If you say that you are visiting friends and they are satisfied and let you in, that is great, but if you say that and they ask you another 67 questions, it might be hard to keep to your story. If you call your fiance a friend and later have to admit that you're engaged, it may make you look shady to the officer. We agonized over the decision of whether to say I was visiting a friend or a fiance. Many people have been successful both ways and you will get advice for either path. In the end it just has to be your call. (But I am strongly in favor of complete transparency)
#3. I am also self-employed. I sold my house and moved in with my mum to get rid of the house while there was still a market for it and save some money. All I had was a copy of the I-129F and NOA1, a return ticket, bank statements to prove I could support my trip, a letter from my mum stating that I live with her, pay her rent, and have left my belongings at her house and am expected back, and also a letter from my accountant stating that my company is trading and he is currently being paid to keep the books. No one looked at any of this on either trip, but it is good to have, just in case.
#4. Visit your fiance! You cannot imagine what you will miss out on if you don't try. Just go with the mindset that it is possible that you may get turned away. Skype kept us going, but to spend that kind of time together is just not substitutable. If you are lucky enough to have the means to do it, you have to try! Plus, it makes the waiting go by so much faster!
Best of luck!

#1. The letter from Customs that said not to go was from an individual giving his advice. Since he can't promise you will get in and he isn't completely sure about how it affects the K-1 (because he works for an info center for USCIS, not on immigration visas specifically) the safest answer is to advise you not to go and therefore, you will have no problem. He's covering his butt, which is more or less what you have to expect from those types of resources. Perfectly respectable, but not very helpful to us. Here is a link to the US Embassy in London's page with a direrct answer to the question:
http://london.usembassy.gov/faq-imm-proc.html#iv038
#2. I have visited Meg twice while waiting for my K-1 approval. The first time was a 10 day trip and I got hell at immigration, but I got through. The second trip was for 80 days and I sailed through after 2 questions. I think the most important thing that helped me was that I was honest. If you say that you are visiting friends and they are satisfied and let you in, that is great, but if you say that and they ask you another 67 questions, it might be hard to keep to your story. If you call your fiance a friend and later have to admit that you're engaged, it may make you look shady to the officer. We agonized over the decision of whether to say I was visiting a friend or a fiance. Many people have been successful both ways and you will get advice for either path. In the end it just has to be your call. (But I am strongly in favor of complete transparency)
#3. I am also self-employed. I sold my house and moved in with my mum to get rid of the house while there was still a market for it and save some money. All I had was a copy of the I-129F and NOA1, a return ticket, bank statements to prove I could support my trip, a letter from my mum stating that I live with her, pay her rent, and have left my belongings at her house and am expected back, and also a letter from my accountant stating that my company is trading and he is currently being paid to keep the books. No one looked at any of this on either trip, but it is good to have, just in case.
#4. Visit your fiance! You cannot imagine what you will miss out on if you don't try. Just go with the mindset that it is possible that you may get turned away. Skype kept us going, but to spend that kind of time together is just not substitutable. If you are lucky enough to have the means to do it, you have to try! Plus, it makes the waiting go by so much faster!
Best of luck!

Hello, I am very confused. I have read through this entire post and I thought the OP said in post #18 the following:
"From your replies, it is clear that many of you have not even read what I wrote. Our relationship was not that serious. It is only beginning to become serious. I have not decided to marry her. She has been here 60 days. She will leave before her 90 days is up. Your opinions on the situation unrelated to my questions are not helpful and ill-informed. I have not and will not go into detail about things that support what I have told you. I presented the situation as it is to seek advice on the visa, etc. Questioning the situation is not productive and very insulting."
Forgive me OP, and do not snap back and 'scold me' lol, but in this current post you are asking the VJ family "How long should I wait to file the K-1?"
You tell the VJ family "we should pay attention" but from your own words, not ours, it appears that you already have made up your mind despite your comment earlier. Are you [the OP] paying attention to what you are saying? This is what really matters here. Thus, we are not your future, you and your girlfriend, or girlfriend to be, are the important principals in the matter. You said you spoke to several immigration attorneys. Did they not give you sound advise with their experience in the field?
I am wondering aside from the answer that Jim gave earlier regarding your qualifying for required conditions for a K-1 Petition, what else is it that you want? No matter who you decide to marry, or not marry, I have to believe that the VJ family would only want the best outcome for you both. That being said...
Several have stated their opinion of developing your relationship over time and waiting to file. You already stated that you have quite a portfolio of evidence from a friendship, or "...relationship that was not that serious", to its current status. You said that she will return before the 90 days expiration date, and you cannot visit her until Jan 2012 (?). As you are a student, intellectually I am guessing you understand this will give you more time to develop your friendship to a more serious relationship, if that has not already happened; but I'd be questioning what about the relationship with the first K-1 Fiance? Who knows, you might just come into a windfall of $$$ before then.
The CO or USCIS believed she was in love with the first K-1 Petitioner and there has to be a signifcant amount of evidence in that file. Despite hurt feelings, even if he did not pick her up at airport, and cannot be found today (Are you sure?), none the less, how does anyone close and shut off supposedly strong emotional ties that quickly when they're about to make a very serious life commitment?
Just as you feel we are unclear, I think the presentation is also unclear.
I wish you both the best and good luck.
Mari

:thumbs: ...for sure he will..I've read about his past topic regarding his question if he would be qualified for filing a fiance visa even if his ex-wife has a restraining order on him from 10 years ago when he pleaded guilty to a charge of aggravated assault...I hope he was able to find answer for that problem...so far, it really makes me wonder about the whole scenario..I would agree to James & Cynthia's post..It's sad to know that she used the other guy and you knowing that one and still wanna pursue her, is gonna be another "sad story" in the making...we are sad to hear stories like those & people here in VJ just don't want you to be another victim or another OP of a new "sad story"...God bless!!

The OP's username has also been "superlloyd," if anyone wishes to search his other posts. He's going to do what he's going to do, and without heeding us.

Sorry to say, but sounds like fraud to me on both your parts. Maybe that's why you feel the need to be so defensive. If you apply for K-1 too soon, you're throwing your money out for a sure denial. As many have said, waiting is most likely your only choice. You should have done it right the first time instead of using someone else so you could meet.
Listen to what people have told you:
1. Fiance didn't pick her up at airport
Never heard that story before.
2. Can't contact fiance
What about address, skype, email, yahoo?
3. Your evidence of relationship is while she was engaged and using another for a K-1.
4. You either lie about her intensions to marry the first guy, or admit fraud with her real intensions. Either way, it's fraud. (catch-22)
Even if you can't admit your part in this, do you really want to be with someone that could use another like that, or be pressured by her family so much? That makes this even more unbelievable.
-James