Jump to content
franseth

Did I miss something?

By franseth in K-1 Fiance(e) Visa Process & Procedures

 Share

10 posts in this topic

Recommended Posts

franseth Apprentice

franseth   0

Posted
Filed: K-1 Visa Country: India
 Timeline
Posted

I was on answers.yahoo.com today and ran across this posting:

http://answers.yahoo.com/question/index;_y...info-GmZJ9VHraa

The advice on getting a fiance visa is the right one, but is there a loophole that we're all missing or is this guy just getting bad advice?

Dumb question asked for the day.

Our Timeline

August 2000 - We meet both working for Habitat for Humanity International, we shared a cubical, passion for the mission and love for each other

2000 - 2006 - We dated and lived in various places near and far from each other

2006 - We decided we should get married

August 2006 - He went home to work on his lifelong passion of HIV/AIDS research

February 2007 - I visited India to meet all the family

June 29, 2007 - Mailed our I-129F

July 6, 2007 - Received our NOA1

November 17, 2007 - Received our NOA2

April 4, 2008 - Interview

May 24, 2008 - Wedding Day

Check for the latest updates in K1 visa timelines

Waiting for a NOA2 from VSC? Check out this discussion group

Link to comment
Share on other sites
~Nini~ Proficient

~Nini~   2

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted (edited)

The guy in that post is allowed to enter the country and get married to his USC fiance - he's just not allowed to stay.

It's quite possible that he intends to head back to his home country and file for a K3/CR1 visa after the marriage. Under those circumstances entering the country and marrying his fiance would be perfectly legal.

There isn't a need for a K1 fiance visa to enter the country, unless he wishes to remain in the country - then it's a whole different kettle of fish. If the guy had intent to enter the country to get married, and remain afterwards, then it's considered visa fraud.

Edited by Nini & Bee

Nini - Vancouver BC, Canada (she's the one who does the forum thing)

Bee - Devon PA, USA (he's the one who gave her the shiny ring)

Getting our sanity tested by bureaucracy since 2007.

Here we go again...

Removal of conditions @ VSC

9/4/2010 - sent!

9/14/2010 - NOA

Link to comment
Share on other sites
Sylvia_n_Joseph Proficient

Sylvia_n_Joseph   3

Posted
Filed: K-1 Visa Country: Nigeria
 Timeline
Posted

Isn't Spain one of those European countries that don't need a visa for short stays ?? So he can come and go on that passport. He has to apply for whatever after he get married but he can visit at will.

First visit:2007-09-12 to 2008-09-23

I-129F Sent : 2007-11-24

I-129F NOA1 : 2007-11-30

I-129F NOA2 : 2008-03-31

NVC Received : 2008-04-21

NVC Left : 2008-04-23

Consulate Received : 2008-04-28

Packet 3 Received : 2008-05-20

Interivew date : 2008-08-07 CO asks inappropraite questions

His father died: 2008-08-18

Retain Marc Ellis 2008-09

Visited Nigeria again: 2008-11-12

petitioned returned to CSC :2008-11-27

returned to USA 2008-12-13

His father buried 2009-01-03

picks up K1 visa Nov 2009

Marriage Dec 2009

take throne as Igwe /Lolo 2010 or 2011

Link to comment
Share on other sites
janaus Collaborator

janaus   0

Posted
Filed: K-1 Visa Country: England
 Timeline
Posted (edited)
I was on answers.yahoo.com today and ran across this posting:

http://answers.yahoo.com/question/index;_y...info-GmZJ9VHraa

The advice on getting a fiance visa is the right one, but is there a loophole that we're all missing or is this guy just getting bad advice?

Dumb question asked for the day.

Incorrect advice, if he is spanish citizen he is coming over on visa waver program and yeah if he is coming for purpose of getting married and he stays then it is visa fraud

Edited by janaus

I-129F Sent : 2007-07-26

I-129F NOA1 issued : 2007-08-06

NOA2 received: 12/20/07

NVC received: 12/28/07

NVC sent to embassy 1/2/08

Packet 3 received: 1/15/08

Packet 3 sent: 1/21/08

Interview- 2/14/08

K1 Visa APPROVED- 2/15/08 and delivered 2/21/08

Wedding 3/21/08

.

3354.gif

Link to comment
Share on other sites
caybee Proficient

caybee   21

Posted
Filed: Country: Morocco
 Timeline
Posted

He didn't say anything about wanting to stay and live in the U.S., just wanting to get married in the U.S. So, unfortunately, the person on Yahoo Answers who suggested he would be committing fraud just by getting married in the U.S. without a K-1 (and referenced VJ in their answer) gave him an incorrect answer.

I'm the USC.

11/05/2007........Conditional permanent residency effective date.

01/10/2008........Two-year green card in hand.

08/08/2009........Our son was born <3

08/08/2009........Filed for removal of conditions.

12/16/2009........ROC was approved.

11/05/2010........Eligible for Naturalization.

03/01/2011........Separated.

11/05/2012........Eligible for Naturalization.

Link to comment
Share on other sites
pushbrk Grand Master

pushbrk   12,883

Posted
Filed: Other Country: China
 Timeline
Posted
I was on answers.yahoo.com today and ran across this posting:

http://answers.yahoo.com/question/index;_y...info-GmZJ9VHraa

The advice on getting a fiance visa is the right one, but is there a loophole that we're all missing or is this guy just getting bad advice?

Dumb question asked for the day.

The OP in that thread may well need more information or advice but as with many such forums he did get a correct answer to the question he asked. Marriage is one thing. Staying in the US is another. He didn't ask about staying. Perhaps he should have.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites
mox Veteran

mox   298

Posted
Filed: Timeline
Posted

Okay, I might be way off base here (and possibly off-topic), but as I understand it entering the US on a non-fiancee visa is fraud if your intent is to marry. However (and I know it's not the case for the Yahoo OP) if you enter the US and then fall in love and get married while in the country (let's say on a student visa), then it is possible to adjust status and stay in the country. Am I wrong?

Link to comment
Share on other sites
Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted
Okay, I might be way off base here (and possibly off-topic), but as I understand it entering the US on a non-fiancee visa is fraud if your intent is to marry. However (and I know it's not the case for the Yahoo OP) if you enter the US and then fall in love and get married while in the country (let's say on a student visa), then it is possible to adjust status and stay in the country. Am I wrong?

You are half right. If you enter the US with no intention of marrying, meeting someone and getting married, then it is possible to stay in the country and adjust status. If you enter the country with the intention of marrying, you can get married, but you CAN'T stay in the country to adjust status. You need to pursue a K-3 or CR-1 through the American Consulate responsible for the non-US spouse's country. If you enter the country with the intent to get married and STAY to adjust status from within the US, that is visa fraud.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Link to comment
Share on other sites
mox Veteran

mox   298

Posted
Filed: Timeline
Posted
Okay, I might be way off base here (and possibly off-topic), but as I understand it entering the US on a non-fiancee visa is fraud if your intent is to marry. However (and I know it's not the case for the Yahoo OP) if you enter the US and then fall in love and get married while in the country (let's say on a student visa), then it is possible to adjust status and stay in the country. Am I wrong?

You are half right. If you enter the US with no intention of marrying, meeting someone and getting married, then it is possible to stay in the country and adjust status. If you enter the country with the intention of marrying, you can get married, but you CAN'T stay in the country to adjust status. You need to pursue a K-3 or CR-1 through the American Consulate responsible for the non-US spouse's country. If you enter the country with the intent to get married and STAY to adjust status from within the US, that is visa fraud.

Gotcha, thanks!

Link to comment
Share on other sites
athena_ny Proficient

athena_ny   1

Posted
Filed: AOS (apr) Country: Peru
 Timeline
Posted
Okay, I might be way off base here (and possibly off-topic), but as I understand it entering the US on a non-fiancee visa is fraud if your intent is to marry. However (and I know it's not the case for the Yahoo OP) if you enter the US and then fall in love and get married while in the country (let's say on a student visa), then it is possible to adjust status and stay in the country. Am I wrong?

It's intent to stay, not just marry. You can marry and leave, which is not fraud.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...