I am ina predicament and need your assistance

[Jengles 0]

can he use the vistors visa to go back and forth while the paperwork is going thru, wouldn't that be the best option. i mean he just can't see i'm going to visit my wife.

In theory, Jengs, yes. But, I have read of many with valid visitor's visa being turned away at the POE for lack of ties to their home country due to filing the K visa.

I cannot tell you how much I feel I need to warn you about not doing what you asked about. From all I have read, it is almost overwhelmingly bad news in the end. I would not wish that heartache on anyone.

So at the POE, they can tell that the person has a k-visa filed, wouldn't the vistor have to volunteer that info?

[phatmadame81 0]

Thank you all for your fast response......I understand what you are all saying Jawi, Jomo'sGirl, pushbrk, DM and Jengles........Thank you all. I guess I will tell him to forget it, as you asked DM in the USA one can find an immigration attorney that can "work it out" for less than $470.00? I guess I didn't thiink about that I was basically thinking about the quickest way to get him here is to use his 10 year visa. I would like to go and see him regularly but th etickets are not the cxheapest and wiht my son's father giving me the hardest of time with getting a passprt for him.and I doubt I would be able to pull away from him if I was to spend only a weekend with him....

Jomo'sGirl.. I will look at those threads you sent me.....Thanks

Ms.Kimmy, I see you......

Thank you all very much ...I do not know what I would do with out you guys.....

[pushbrk 12,824]

Thank you all for your fast response......I understand what you are all saying Jawi, Jomo'sGirl, pushbrk, DM and Jengles........Thank you all. I guess I will tell him to forget it, as you asked DM in the USA one can find an immigration attorney that can "work it out" for less than $470.00? I guess I didn't thiink about that I was basically thinking about the quickest way to get him here is to use his 10 year visa. I would like to go and see him regularly but th etickets are not the cxheapest and wiht my son's father giving me the hardest of time with getting a passprt for him.and I doubt I would be able to pull away from him if I was to spend only a weekend with him....

Jomo'sGirl.. I will look at those threads you sent me.....Thanks

Ms.Kimmy, I see you......

Thank you all very much ...I do not know what I would do with out you guys.....

You should also be aware the "10 year visa" to which you refer, doesn't allow him to come to the USA and stay for 10 years. It allows multiple 90 or perhaps 180 day stays over a period of 10 years time. Of course, there's no gaurantee of entry, a pretty risky issue with all that immigrant intent, as mentioned before.

Edited May 5, 2008 by pushbrk

[Marlita 0]

Hey Ms. Lady! Nice to see you again.

Well I don't truly think you should wait it out. God wants a married couple to be together not apart. The longer you are apart the more room it leaves for the devil to come in and confuse you with one another. So I think that you should continue...either way. Either you help pay for the $470 now or he try to use his 10 year card.

The only thing with the 10 year card is that he may not want to mention his filing for his CR1 as this sometimes looks bad to immigration. But....there are MANY yardies doing it right now. Contact Trulo, Cief. Those 2 I know used there 10 year visa throughout the process. I am sure there are others too on here who have done the same.....so don't let nobody tell you it can't be done.

Also do you think he can acquire the $470 in a good amount of time? If you do then maybe just wait for that. I know that the CR1 moves VERY fast now that its about made the K3 obsolete when filing thru Jamaica. If you were to start paying the fees now and have all the other documentation that the NVC requires....you could be out of NVC within 3 weeks! Then on to getting your interview about 2 months later. So I guess its just a decision of how fast you would like him to be here with you. You have a couple of options and the only difference is the time in which they allow him to get here.

Talk Care

~M.

After reading the others posts I realized my post seemed to look as if I suggested you use the 10 year visa to immigrate on. I definitely don't think he should do that. I think he could have the opportunity to VISIT you while he is gathering the money to pay the visa fees of $470. I don't think he should use the 10 year card to stay. The other Yardies I mentioned used their 10 year card for visits multiple times during the process, but they were still tied to JA in some sort of way.

[*JG* 2]

I am going to disagree with the comment about breaking down and paying the fee.

If you have a strong conviction, Phat, that he help you in this payment, I say stand by that conviction. If you believe he is able to help himself in this and just isn't for various reasons, I would take your stance. When I was going through, I believed Andre must help as well. He worked. He could do it just as I could. And, I believed it was an indication of how badly he wanted this as much as I did. He did not let me down. I have found that this trend has continued throughout the last two years.

If you are just being stubborn and he isn't CAPABLE fo helping, then I say swallow your pride and do what you can.

Either way, I wish you luck.

[Forever Young 1]

I am going to disagree with the comment about breaking down and paying the fee.

If you have a strong conviction, Phat, that he help you in this payment, I say stand by that conviction. If you believe he is able to help himself in this and just isn't for various reasons, I would take your stance. When I was going through, I believed Andre must help as well. He worked. He could do it just as I could. And, I believed it was an indication of how badly he wanted this as much as I did. He did not let me down. I have found that this trend has continued throughout the last two years.

If you are just being stubborn and he isn't CAPABLE fo helping, then I say swallow your pride and do what you can.

Either way, I wish you luck.

Hey Maddy,

Longtime no see Chica. Look Mads, I'm with JG on this one. You had your reason for making sure your Hubby was as vested in this move as you were. STICK TO YOUR GUNS!!! At least let him come up with half the $$.

Love ya,

Gill

[jawi876 2]

Have you ever heard of any one who after filing waited too long to finish up ( I started filing back in 06, it was approved the K3 went down and he, Jamaican spouse, let it expire, well the I130 which was at the NVC expired after one year of being there without payment but back in Feb 08 the husband sent off the Choice of Agent and they reopened it) well we are at the point where they are asking for the $70 and the $400 but I refuse to pay it and he said he is working on it but still cannot come up with it yet.

Or do you think I should just let him keep working on getting the money to pay for the $470????????? I am at my wits end and just wanst him home...

Help me out would you!!!!!!!!!!!!

I know it will be said well I should wait it out but I really need to have him come home and after 2 years apart I realize it more than ever that I truely do love him and he truely does love and need me, well i need him too but he needs me more ( the whole good woman thing...no need to get into that )

Phatmadame,

You and you alone know what your struggles and triumphs have been with your husband. You have stood behind your conviction to let him come up with the money and it has already been two years since you began filing. I would say that it is pretty much a moot point to wait for him to come up with the fees.

I too believe in sticking to your guns, but I'm also a firm believer in wisely picking your battles too. At this point in the game, you are close to losing all the money you have spent on the process. What happens if Babylon decides they want you to refile because of the timelines? I may be completely off base, and they may let you carry a petition until eternity. I'm just arguing a point.

So, if he doesn't come up with the money does that mean her marriage is over? Over and done for what? $470 US? Over what the $470 stood for? I think it ridiculous that a man and wife needs to have this kind of trivial division, when there is already so much opposition to begin with. He is no longer your man, your fiance'...he is your HUSBAND.

I have lost so many people this year alone, either close to me or close to one of my dear friends. I guess I am feeling the realness that nothing is promised, I am not entitled to take another breath...or the next. In the grand scheme of things, when Phatmadame and her husband have to face the envitable task of laying the other to rest, $470 will not seem like such a huge cross to bear. What impact will it have on your life one way or the other?

On one hand, you spend even more time away from the person you love and you stood by your convictions and made him prove $470 worth of love and committment. On the other hand, you get to be closer to him for that much longer and face life's other challenges together.

C'est la vie.

With all my heart and love, I wish you the best...and I stand by my committment to uphold your marriage as a friend.

Edited May 6, 2008 by jawi876

[JaEnglishGirl 34]

can he use the vistors visa to go back and forth while the paperwork is going thru, wouldn't that be the best option. i mean he just can't see i'm going to visit my wife.

In theory, Jengs, yes. But, I have read of many with valid visitor's visa being turned away at the POE for lack of ties to their home country due to filing the K visa.

I cannot tell you how much I feel I need to warn you about not doing what you asked about. From all I have read, it is almost overwhelmingly bad news in the end. I would not wish that heartache on anyone.

With a valid VISTOR'S VISA, or on the VWP?

I have not personally heard of someone with a B2/visitor's visa being turned away though....

[*JG* 2]

can he use the vistors visa to go back and forth while the paperwork is going thru, wouldn't that be the best option. i mean he just can't see i'm going to visit my wife.

In theory, Jengs, yes. But, I have read of many with valid visitor's visa being turned away at the POE for lack of ties to their home country due to filing the K visa.

I cannot tell you how much I feel I need to warn you about not doing what you asked about. From all I have read, it is almost overwhelmingly bad news in the end. I would not wish that heartache on anyone.

With a valid VISTOR'S VISA, or on the VWP?

I have not personally heard of someone with a B2/visitor's visa being turned away though....

Visitor's visa.

[*JG* 2]

From the USCIS web site........

A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the "tourist" to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married. They must maintain good records of their relationship and eligibility and show the government no cause whatsoever to believe that the fiancé(e) is not eligible for permanent residency

[Jengles 0]

From the USCIS web site........

A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the "tourist" to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married. They must maintain good records of their relationship and eligibility and show the government no cause whatsoever to believe that the fiancé(e) is not eligible for permanent residency

So if I've read the above correctly, he should not enter on the visa and stay, but he can come and visit.

[*JG* 2]

From the USCIS web site........

A foreigner may enter the US on a different type of visa, and then get married. However, the laws on temporary visitation are clear that the purpose of the visit must be honest. If someone has this intention to marry a US citizen when they first enter the US as a visitor (e.g. on a tourist or student visa) and then plan to remain in the US to live and work, they can be denied admission if immigration finds out that they had concealed this intention at the time of admission. This requires the "tourist" to be quite covert about their intentions, hiding things like engagement rings, photos of the couple together, and large amounts of personal belongings that might signify an interest in moving permanently to the US. It is important for the applicant to keep a clear intention when entering the US on any visa: are they entering to work, to study, to visit as a tourist, to do missionary work, or to immigrate (which is the only status that seems to include everything). Behavior that mixes these codified intents is, at best, frowned upon by immigration, and at worst might ultimately result in denial of visa, entry, adjustment of status, and possible deportation of the foreign national, even after a couple is legally married. They must maintain good records of their relationship and eligibility and show the government no cause whatsoever to believe that the fiancé(e) is not eligible for permanent residency

So if I've read the above correctly, he should not enter on the visa and stay, but he can come and visit.

That's what I get out of it too.