Fiancee visa help....!!!

[camifree 2]

And what would happen if she and her fiancé got married in HER country and then file for a K3? Would it be the same complication? Just asking...

Edited June 26, 2006 by cami&josh

[kitkat1 5]

Now I feel really worried..Are you sure that the denial would be automatic of my fiancee visa?What other choice do you think I have to return in the US?How long do I have to wait now after my petition has been transferred to California? Another 4 months...??

Daisy,

How did you answer question 11 on the I-129F form " Has your fiance ever been to the US" and question 12 "If your fiance is currently in the US, she last arrived as: . . . " Did you put an address for you outside of the US? I'm asking about these items because there is no point in lying about this stuff. You need to tell the truth or it will be discovered down the road and then you will be ineligible to return the US ever.

You will be asked about time spent in the US under oath at the interview so you will have to answer truthfully. Therefore, your visa will be denied at the interview. You will then be given the opportunity to file the 601 waiver to "forgive" your illegal presence in the US. Based on what country you are from, it can be very difficult or easy. It is based on the US Citizen proving hardship to him, if your visa is denied and he is forced to relocate permanently to your country. The hardship letter and documentation should be prepared in advance of the interview - since you know you will be denied, you will want to submit it right then and there. You will also have to pay a fee for the waiver (about $265) plus have fingerprints taken ($85?). You are then required to stay in your country during the processing and adjudication of the waiver.

Like everyone else has recommended, the first place to start is with an immigration attorney who is well qualified and experienced in 601 waivers specifically. Try Laurel Scott www.visacentral.net - she also has free chats on Wednesday mornings and will do phone or email consultations. This will help you to understand your options clearly and to prepare for the interview/denial/wiaver process. You can also read more here about ineligibilities and waivers: http://www.travel.state.gov/visa/immigrant...es_1315.html#3d

On your questions about the transfer from Nebraska to CA, no one really knows for sure how much longer things will take due to IMBRA, but the transfer does not give you a new NOA1 date - you can still go by the date you received your NOA1 from Nebraska. In other words, the transfer does not start the entire wait time over, or so they say . . .

Good luck

Edited June 26, 2006 by kitkat1

[rodney22 0]

Once again love overcomes a 39 year age difference. Love is grand!

[gwenneh 7]

And what would happen if she and her fiancé got married in HER country and then file for a K3? Would it be the same complication? Just asking...

Absolutely. An overstay is an overstay, and makes her just as ineligible for a K-3 as a K-1. It would be the same waiver process.

[gugu24 0]

dont ever to tel lie to immigration people. it doesnt matter if you are illegal fifteen years before. they would dig it out by two ways:

(1) if your original passport and new passport have same name and date of birth

(2) if you ever have been fingure printed in the usa during your illegal stay no matter what reason it is.

[daisy111 0]

I have never been finger printed ....

I have never been finger printed ....

[gwenneh 7]

I have never been finger printed ....

I have never been finger printed ....

Doesn't matter. Yes, they will know you overstayed.

There are thousands of little ways.

Did you work? Did you have a bank account? Did you rent a video from the video store? Believe me, if you (or anyone else) ever so much as put your name down on a piece of paper while you were here past your alloted time, they will know that you overstayed. There are frightening amounts of information available on a person that will be used in the background checks, and your overstay will come up. Don't pretend that it won't be a problem and hope that USCIS will simply ignore it-they won't. Lie, and get a free lifetime bar from the US as a parting gift.

Get an attorney. You have a long way to go yet!

[daisy111 0]

Thank you all.I reallly feel so desparate.... my life has completely stopped..I really would like to return to the US soon but as I see this is not possible....I guess I have to wait a long time before I get any solution to my problem....Now I wish I never left the US.What a mistake on my part....

[daisy111 0]

Can somebody give me any idea how to return to the US sooner and reunite with my fiance?I really don't want to wait through this very long process for me ...

[desert_fox 32]

Can somebody give me any idea how to return to the US sooner and reunite with my fiance?I really don't want to wait through this very long process for me ...

walk across the desert in Arizona??? very dangerous.

You dont seem to realize that you are inadmissible. This happened because you chose not the abide by the terms of your previous stay here. Either you wait for ten years, or you go thru the waiver process. Not all waiver requests are approved.

[Kathryn41 3,205]

Daisy,

What about your fiance moving to England? Have you discussed this option?

[gwenneh 7]

Can somebody give me any idea how to return to the US sooner and reunite with my fiance?I really don't want to wait through this very long process for me ...

Get a lawyer. YOU NEED A LAWYER. That is the best advice you've gotten in this thread and the best you're going to get.

Forgive me for sounding unsympathetic, but you overstayed illegally and brought this upon yourself. If you want to get through it, you're going to need legal help.

[Yodrak 7]

daisy,

Several people have already answered this question, and Gwen has been patien enough to anwer it twice.

Consult with a US immigration attorney, perhaps several, and retain one.

Yodrak

Can somebody give me any idea how to return to the US sooner and reunite with my fiance?I really don't want to wait through this very long process for me ...

[seldi 1]

Hello everybody,

I hope somebody here can give me some advice here regarding my situation:

I am 25 year old f .Me and my fiance (he is 64) filed a I 129 F petition and it was received by Nebraska Service center on March 10 th.

1) I received a notice that it has been transferred to California service center and received on June 14.My question is :Are they going to start the whole process all over again or they will keep the original date (march the 10th) ??

2) I also have worries because I have lived in the US illegally for 3 years.Now I am back to my country.Do you think they can deny my K1 visa for this reason? Do they know at the embassy I was illegal for so long?

3) Another worry: do you think the age difference could be also a reason for denial?

I would appreciate your replies and advice to my questions .I feel really desperate and worried.What are my chances to go back to the US again?

Why did you leave the US in the first place? If you had stayed and married your fiance here, you at least had the chance to file for adjustment of status & pay the fine for overstaying. Now that you're out of the US, your chances of being allowed back in .legally ,any time soon are slim to none.

Oh and I wouldn't recommend that you try to lie your way to a k1 visa. You should never lie to Immigrations /The US goverment in general. Do you have any idea what the consequences are?

Edited June 28, 2006 by grismar

[daisy111 0]

Now after reading so many people's opinion I totally lose hope that I will ever be able to return to the US...I will talk with my fiance about hiring an attorney and see what happens....

I know it is a good question why I left on first place....it is a long story but now I totally regret it.... it was very spontaneous decision....

But unfortunately I can't turn back time and now I guess I have to face the consequences ....and I guess this is the denial....oh well ...thanks anyway for all of your replies.....