My Unique Situation

[Invincer 0]

Okay, I will try to make a long story into a short one here. I COULD write a book...

I went through a fiancee Visa about ten years ago and was married to my wife from Azerbaijan for 5 years. We are still friends, but grew apart. In 2007 I was communicating with my now fiancee in Ukraine and went to visit her in October 2007 and again in January 2008. We decided we did want to get married and started the fiancee visa proceedings. Time moved slowly, but eventually she had an interview in December where they told her everything was fine, but when she waited for the Visa to arrive, they had denied it; or more to the point, they sent it back to the main offices in America recommending they deny it. We waited till July and they sent a letter saying they had gone over the application and were resubmitting it to the Kiev embassy, so it should never have been denied a Visa in the embassy in Kiev to begin with. Maybe it was just because I had gone through the process once before and they wanted it to be more difficult this time, I don't know.

Anyways, she had started school not knowing how long this process was going to take after the first denial. So we figured to try for scheduling an interview around October. But then Murphy's Law set in. I have a serious health problem with my coccyx (tail bone) and am unable to sit long periods (more than half an hour) without excruciating pain. Even when the pain was to a lesser extent on my visit to Kiev back in 2008 I went to sit on the John a couple times just to not have anything underneath me because of the pain. I had to go down to the Mayo clinic in Florida multiple times late last year and had a neural implant put in, which at the best of times, can help maybe 50%. In my hard-hardheadedness I did not want her to come when I was incapacitated by the surgery or recovering afterward. So she scheduled the interview in February, but then she got very very ill and had to cancel the interview (she lives in Sumy and in February weather it may have been like signing a death warrant to travel to Kiev at that time).

So anyways, here we are, she has an interview set for June 27th; but I am extremely doubtful the outcome could be good. Since the letter was back in July of last year, too much time may have passed and they may refuse it because of that. They may also refuse it because I have not been with her in person in a little over 2 years; and was recently reading about the process and it was mentioned you have to have met in person within 2 years, though I don't know if that is 2 years from the interview at the embassy, or two years for initial filing. Anyone have any advise on my situation? I don't think I could handle a flight over there in my condition, I would be ready to jump out of the plane... Should I hire a lawyer's firm that can maybe meet with Nataliya in Sumy or Kiev to go over paperwork and see if we can supply anything more that might help, or what else should I do?... Any advice or good-referrals for attorneys welcomed. thanks!

[Ivan M 0]

I had very good results with Holmes & Lolly out of Southern California, for my K1 Visa process. I'm sure you could google them for contact info.

[Brad and Vika 129]

So anyways, here we are, she has an interview set for June 27th; but I am extremely doubtful the outcome could be good. Since the letter was back in July of last year, too much time may have passed and they may refuse it because of that. They may also refuse it because I have not been with her in person in a little over 2 years; and was recently reading about the process and it was mentioned you have to have met in person within 2 years, though I don't know if that is 2 years from the interview at the embassy, or two years for initial filing. Anyone have any advise on my situation? I don't think I could handle a flight over there in my condition, I would be ready to jump out of the plane... Should I hire a lawyer's firm that can maybe meet with Nataliya in Sumy or Kiev to go over paperwork and see if we can supply anything more that might help, or what else should I do?... Any advice or good-referrals for attorneys welcomed. thanks!

No need for an attorney at this point. The instructions for the I-129F include the following:

2. You and your fiancé(e) intend to marry within 90 days of your fiancé(e) entering the United States, and are both free to marry, and have met in person within two years before your filing of this petition unless:

See the instructions Here

Read the guides and do some research to save yourself a big (and largely wasted) attorney fee up front. You can always hire one later if the process is in fact screwed up. It looks like you met the requirement to me.

The State Dept. says the following about the petition:

Your petition is valid for four months, but may be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists. (See Frequently Asked Questions)

Get all the interview information, including extension info. and question/answer faq Here

Good luck!

[Gary and Alla 3,694]

Okay, I will try to make a long story into a short one here. I COULD write a book...

I went through a fiancee Visa about ten years ago and was married to my wife from Azerbaijan for 5 years. We are still friends, but grew apart. In 2007 I was communicating with my now fiancee in Ukraine and went to visit her in October 2007 and again in January 2008. We decided we did want to get married and started the fiancee visa proceedings. Time moved slowly, but eventually she had an interview in December where they told her everything was fine, but when she waited for the Visa to arrive, they had denied it; or more to the point, they sent it back to the main offices in America recommending they deny it. We waited till July and they sent a letter saying they had gone over the application and were resubmitting it to the Kiev embassy, so it should never have been denied a Visa in the embassy in Kiev to begin with. Maybe it was just because I had gone through the process once before and they wanted it to be more difficult this time, I don't know.

Anyways, she had started school not knowing how long this process was going to take after the first denial. So we figured to try for scheduling an interview around October. But then Murphy's Law set in. I have a serious health problem with my coccyx (tail bone) and am unable to sit long periods (more than half an hour) without excruciating pain. Even when the pain was to a lesser extent on my visit to Kiev back in 2008 I went to sit on the John a couple times just to not have anything underneath me because of the pain. I had to go down to the Mayo clinic in Florida multiple times late last year and had a neural implant put in, which at the best of times, can help maybe 50%. In my hard-hardheadedness I did not want her to come when I was incapacitated by the surgery or recovering afterward. So she scheduled the interview in February, but then she got very very ill and had to cancel the interview (she lives in Sumy and in February weather it may have been like signing a death warrant to travel to Kiev at that time).

So anyways, here we are, she has an interview set for June 27th; but I am extremely doubtful the outcome could be good. Since the letter was back in July of last year, too much time may have passed and they may refuse it because of that. They may also refuse it because I have not been with her in person in a little over 2 years; and was recently reading about the process and it was mentioned you have to have met in person within 2 years, though I don't know if that is 2 years from the interview at the embassy, or two years for initial filing. Anyone have any advise on my situation? I don't think I could handle a flight over there in my condition, I would be ready to jump out of the plane... Should I hire a lawyer's firm that can maybe meet with Nataliya in Sumy or Kiev to go over paperwork and see if we can supply anything more that might help, or what else should I do?... Any advice or good-referrals for attorneys welcomed. thanks!

what do you expect a lawyer to do for you?

The consulate can return any visa application at any time, it is not correct to think "She should have been issued the visa". They do not randomly deny visas, they had a reason to send it back, the reason was corrected or explained and the petition was returned.

The petition has an expiration date, if it has been more than a year, I am surprised they even made an interview appointment, unless you have extended the petition several times (you do not say you have) If the petition is expired, she will not get a visa and there is nothing a lawyer can do...the petition is expired. A lawyer cannot "unexpire" the visa. Your health problems are very unlikely to play into the matter, YOU are not required at a visa interview, if YOU made a choice for her not to come earlier, for wahtever reason, that is your choice. No do-overs for personal choices. ANY lawyer will take your money and "try", but he cannot un-do what is done.

If she has plenty of evidence of your relationship to present at the interview then that may not be a problem. She should be prepared, with documentation, that you have been unable to travel. Send her medical records and a statement from your doctor. Obviously you know your situation and you need to prepare for it.

I see yuour problem as ...

1. Question about validity of petition approval

2. Evidence of relationship in the absence of personal visits over a longer than normal period of visa processing

If you know any attorneys that can change either one of those things...pay them lots of money, they are GOLD.