question about my situation, please help

[pushbrk 12,569]

but after a harsh denial for a visitor's visa,

Lot of what's to come depends on WHY?

Probably because he couldn't show strong ties to his country to prove he was returning back home.

That would be part of it but an unemployed young Turkish male is not going to get a tourist visa to the USA until Turkey is no longer in the middle east, or some other miracle. Pretty much the same is true for a single Chinese woman or Filipina, employed or not.

K1 is a fiance visa. Wedding intentions are required, not wedding plans. K1 couples are not advised to make firm wedding plans because there is no way to know when the visa will be issued. After the visa is issued, if they want a big wedding that takes a long time to plan, they have as long as 9 months to accomplish it. (6 months to use the visa and 3 months to marry)

If meeting the parents needs to precede the engagement, then the parents will need to visit Turkey.

Is that in the INA?

I think the OP has intentions to marry. She stated so above - they want to marry.

The OP can speak for herself. I see she's referring to him as fiance but it's not clear to me a decision has been made to marry, that is not contingent on parents. Hence the "if" and "precede" in my final sentence.

If the circumstances otherwise qualify for a fiance visa, those letters of intent need to be about marriage, not about meeting the parents. It sounds to me like the recent tourist visa application was to meet parents prior to a decision to marry. If the intentions have changed, so be it.

It doesn't matter what is clear to us. What matters is if they are both free to marry, have met in the last two years, and have intent to marry.

I can have intent to get out of bed in the morning and go to work. But if I get hit by a bus on the way, that could spoil my intentions.

The OP may desire for her family to meet and approve of her fiance before they marry. As you state, she can speak for herself. Nowhere did I see her state that her family's opinion would influence her intent.

She didn't say either way. You and I read her meaning differently. Again, she can speak for herself to remove the "ifs".

That doesn't remove the extant point that it isn't in the INA that the parents must meet the fiance.

Oh, of course. The meeting parents requirement would be up to the couple. My interpretation was it was pretty important to them. That's the stated reason why the fiance first applied for a tourist visa instead of a fiance visa.

Arguing about our interpretation is ludicrous. The OP can clarify at will.

[ratareina 0]

ok i see theres some need for clarification...

me and my fiance intend to marry each other, or i would not call him my fiance. forget the family thing, its not important.

my question/concern:

is it possible that he would go to the visa interview, and the interviewer would see that he doesnt have a job, and that i dont make much money*, and that we dont have specific wedding plans, and get suspicious and turn him down. i especially worry because hes the guy, so it may look extra suspicious when a middle eastern guy says he wants to get married to an american girl but cant support her.

*i WILL have an affadavit of support as needed, either filled out by me, or someone else if i dont have enough money

[rebeccajo 14]

but after a harsh denial for a visitor's visa,

Lot of what's to come depends on WHY?

Probably because he couldn't show strong ties to his country to prove he was returning back home.

That would be part of it but an unemployed young Turkish male is not going to get a tourist visa to the USA until Turkey is no longer in the middle east, or some other miracle. Pretty much the same is true for a single Chinese woman or Filipina, employed or not.

K1 is a fiance visa. Wedding intentions are required, not wedding plans. K1 couples are not advised to make firm wedding plans because there is no way to know when the visa will be issued. After the visa is issued, if they want a big wedding that takes a long time to plan, they have as long as 9 months to accomplish it. (6 months to use the visa and 3 months to marry)

If meeting the parents needs to precede the engagement, then the parents will need to visit Turkey.

Is that in the INA?

I think the OP has intentions to marry. She stated so above - they want to marry.

The OP can speak for herself. I see she's referring to him as fiance but it's not clear to me a decision has been made to marry, that is not contingent on parents. Hence the "if" and "precede" in my final sentence.

If the circumstances otherwise qualify for a fiance visa, those letters of intent need to be about marriage, not about meeting the parents. It sounds to me like the recent tourist visa application was to meet parents prior to a decision to marry. If the intentions have changed, so be it.

It doesn't matter what is clear to us. What matters is if they are both free to marry, have met in the last two years, and have intent to marry.

I can have intent to get out of bed in the morning and go to work. But if I get hit by a bus on the way, that could spoil my intentions.

The OP may desire for her family to meet and approve of her fiance before they marry. As you state, she can speak for herself. Nowhere did I see her state that her family's opinion would influence her intent.

She didn't say either way. You and I read her meaning differently. Again, she can speak for herself to remove the "ifs".

That doesn't remove the extant point that it isn't in the INA that the parents must meet the fiance.

Oh, of course. The meeting parents requirement would be up to the couple. My interpretation was it was pretty important to them. That's the stated reason why the fiance first applied for a tourist visa instead of a fiance visa.

Arguing about our interpretation is ludicrous. The OP can clarify at will.

It isn't about our interpretation. It's about the INA and the FAM.

Point being - as we now see the OP has EXPLAINED her situation, OPINIONS as to what constitutes intent should not enter into advice. Em?

Edited November 27, 2007 by rebeccajo

[payxibka 10,045]

ok i see theres some need for clarification...

me and my fiance intend to marry each other, or i would not call him my fiance. forget the family thing, its not important.

my question/concern:

is it possible that he would go to the visa interview, and the interviewer would see that he doesnt have a job, and that i dont make much money*, and that we dont have specific wedding plans, and get suspicious and turn him down. i especially worry because hes the guy, so it may look extra suspicious when a middle eastern guy says he wants to get married to an american girl but cant support her.

*i WILL have an affadavit of support as needed, either filled out by me, or someone else if i dont have enough money

While approval is never a slam dunk, your facts and circumstances are not uncommon...

[rebeccajo 14]

ok i see theres some need for clarification...

me and my fiance intend to marry each other, or i would not call him my fiance. forget the family thing, its not important.

my question/concern:

is it possible that he would go to the visa interview, and the interviewer would see that he doesnt have a job, and that i dont make much money*, and that we dont have specific wedding plans, and get suspicious and turn him down. i especially worry because hes the guy, so it may look extra suspicious when a middle eastern guy says he wants to get married to an american girl but cant support her.

*i WILL have an affadavit of support as needed, either filled out by me, or someone else if i dont have enough money

If he had a job now, he wouldn't have it after he gets here.

It is your financial situation that needs to meet the criteria, not his.

[Michaela_Hassan 1]

For your fiance not to be granted a visitors visa is pretty normal. He's an unemployed turkish male. I think the K1 is a good option for you. But you have to intend to marry him here within 90-days or he has to go back to Turkey. His income won't matter much to the consulate on the K-1, he doesn't have to prove ties to Turkey anymore, because he's intending to marry you within 90 days and remain in the US and you and your father have agreed to sponsor him.

What you will have to prove at the interview is the validity of your relationship. If he gets denied this time, it will be a long process, he can't just get another interview at will. The petition will be returned to the US and eventually expire, or it will be reviewed by the service center...depending where you file. So make sure, that you have everything in order when you do file for your K1. If I were you I would make some sort of wedding plans once he arrives, just so you can answer any questions they might have about your upcomming wedding, the plans don't have to be set in stone, really that's impossible anyway waiting for a visa and not knowing when it will be granted, but plan on marrying in the US and make sure that's what you both want. If you want to marry in Turkey, I would suggest your parents fly out to meet him there, then marry and file for K3/CR1.

Michaela

[Sinergy 3]

his unemployment isnt an issue, his not having money shouldnt be an issue, if you meet the fiancial support with or without a cosponsor, youll be fine.

[Jesse and Hema 2]

his unemployment isnt an issue, his not having money shouldnt be an issue, if you meet the fiancial support with or without a cosponsor, youll be fine.

Unemployment of the non-citizen isn't an issue for the K-1, but it is a problem with the B-2.

[Sinergy 3]

his unemployment isnt an issue, his not having money shouldnt be an issue, if you meet the fiancial support with or without a cosponsor, youll be fine.

Unemployment of the non-citizen isn't an issue for the K-1, but it is a problem with the B-2.

i was referring to the K1 as she was asking about fiance visa at first

[Jesse and Hema 2]

his unemployment isnt an issue, his not having money shouldnt be an issue, if you meet the fiancial support with or without a cosponsor, youll be fine.

Unemployment of the non-citizen isn't an issue for the K-1, but it is a problem with the B-2.

i was referring to the K1 as she was asking about fiance visa at first

Just clarifying, since the previous post started off discussing the B-2 denial.

Hopefully things work out for this case

[Sinergy 3]

his unemployment isnt an issue, his not having money shouldnt be an issue, if you meet the fiancial support with or without a cosponsor, youll be fine.

Unemployment of the non-citizen isn't an issue for the K-1, but it is a problem with the B-2.

i was referring to the K1 as she was asking about fiance visa at first

Just clarifying, since the previous post started off discussing the B-2 denial.

Hopefully things work out for this case

nope i was just late comin in and didnt feel like attaching the OP's post and i as well hope it all works out

[JenT 0]

For your fiance not to be granted a visitors visa is pretty normal. He's an unemployed turkish male. I think the K1 is a good option for you. But you have to intend to marry him here within 90-days or he has to go back to Turkey. His income won't matter much to the consulate on the K-1, he doesn't have to prove ties to Turkey anymore, because he's intending to marry you within 90 days and remain in the US and you and your father have agreed to sponsor him.

What you will have to prove at the interview is the validity of your relationship. If he gets denied this time, it will be a long process, he can't just get another interview at will. The petition will be returned to the US and eventually expire, or it will be reviewed by the service center...depending where you file. So make sure, that you have everything in order when you do file for your K1. If I were you I would make some sort of wedding plans once he arrives, just so you can answer any questions they might have about your upcomming wedding, the plans don't have to be set in stone, really that's impossible anyway waiting for a visa and not knowing when it will be granted, but plan on marrying in the US and make sure that's what you both want. If you want to marry in Turkey, I would suggest your parents fly out to meet him there, then marry and file for K3/CR1.

Michaela

Well summarized.

[ratareina 0]

im really glad i asked for advice here, i started getting depressed thinking we would never be able to get a visa because he's unemployed and blabla, you guys are giving me hope

so sounds like the only thing i need to be concerned about is proofs of our relationship and intent to marry. so far i have 2 letters of intent (the ones from this website, we both filled them out with our information), pictures of me and him together in Turkey, plane tickets for both of us from some traveling we did in Turkey last month, emails from may 2006 through now, and after the petition but before the interview we will have ring receipts. i can possibly get phone bills, theyre actually my dad's bills though..

from all of your experience, is this enough for the petition or interview or neither, and what other evidences can i get?

and did i understand correctly that the interview is a one chance thing? if he fails at the interview, we have to start the whole process all over again?

[pushbrk 12,569]

im really glad i asked for advice here, i started getting depressed thinking we would never be able to get a visa because he's unemployed and blabla, you guys are giving me hope

so sounds like the only thing i need to be concerned about is proofs of our relationship and intent to marry. so far i have 2 letters of intent (the ones from this website, we both filled them out with our information), pictures of me and him together in Turkey, plane tickets for both of us from some traveling we did in Turkey last month, emails from may 2006 through now, and after the petition but before the interview we will have ring receipts. i can possibly get phone bills, theyre actually my dad's bills though..

from all of your experience, is this enough for the petition or interview or neither, and what other evidences can i get?

and did i understand correctly that the interview is a one chance thing? if he fails at the interview, we have to start the whole process all over again?

The Consular officer is trained and expected to consider the totality of circumstances in every case. No single thing you mentioned is a disqualifier but nobody except the Consular officer at the interview can tell you if you have enough. You certainly have enough to file the petition and get it approved. Then you have several months to expand and build both your relationship and its evidence of bona fides.

Your specific question about having firm marriage plans in place was answered early on. They are not only not needed but generally not adviseable to have firm plans and dates.

[lostinblue 1,989]

As for being denied for a tourist visa.This is often common in some countries. Being turned down will not be a problem. My wife is from China and few single women are granted a tourist visa. She tried twice to get a tourist visa and was turned down twice. She passed without any mention of having done so at the interview.