Is this marriage feasible?

[kennym 275]

Thank you for your answer to my first question. On your second point, I consider my second question within the scope of this discussion since it is a part of the emigration process for my fiance, her daughter, and myself, given that our approach will change depending on the answer to the second question. All the more, people here are likely to be knowledgeable about my second question.

As pushbrk said, this is a Rwanda immigration issue because, You will need to get some type of visa for your wife to stay in Rwanda..

If your wife has a legal status in Rwanda, then it's possible to do a Direct Counselor Filing at the US Embassy in Rwanda and you will be able to have the interview and all the medicals in Rwanda.. You need to check the Rwanda Embassy Website to determine if this is possible there..

Here is where it gets complex.. 1st, is if Rwanda is a high fraud Country, If this is the case, your case will likely be held to same standard as if you were petitioning for a Rwanda Citizen, and this may include Rwanda Cultural specific items, this stuf is really Country Specific.. 2nd, is the Documentation.. Most Embassies need recent Documents such as Birth Certificates, Police Certificates from all countries she has lived for 6 months or so, over the last 10 years.. You will need to coordinate this so when you have your Interview in Rwanda, you have her recent Colombian Documents...

There maybe other items that could complicate this, but that is where you need to do your research...

Edited October 21, 2011 by kennym

[nebodihome 0]

I think what I was getting at is that I think there are two types of permissions the father of her daughter can give... First, to travel to another country, valid for 90 days... Second, to emigrate... Given that her daughter will seek to live in Rwanda with her stepfather for two years, this does not seem to be fitting for a travel permission nor an emigration one... Which makes me wonder if such a permission exists at all, where her father lets her leave the country to live in another country for two years (but not emigrate there). This is strictly a Colombian issue, has nothing to do with Rwanda. It has to do with the types of permission a Colombian father can give for his child leaving Colombia, period.

[pushbrk 13,073]

I think what I was getting at is that I think there are two types of permissions the father of her daughter can give... First, to travel to another country, valid for 90 days... Second, to emigrate... Given that her daughter will seek to live in Rwanda with her stepfather for two years, this does not seem to be fitting for a travel permission nor an emigration one... Which makes me wonder if such a permission exists at all, where her father lets her leave the country to live in another country for two years (but not emigrate there). This is strictly a Colombian issue, has nothing to do with Rwanda. It has to do with the types of permission a Colombian father can give for his child leaving Colombia, period.

Definition of EMIGRATE

intransitive verb: to leave one's place of residence or country to live elsewhere

Think it through. "Leave" is the operative verb. Emigrate is not "immigrate". The child will need permission to emigrate, not to "immigrate" to the USA. So, you need permission to emigrate FROM Colombia first. Then you'll deal with US immigration FROM Rwanda about a year before you're ready to live together in the USA. You are engaging a family law attorney in Colombia for the emigration issue. Later you'll file petitions for your wife and daughter to start the immigration process TO the USA.

[nebodihome 0]

Colombian law differentiates between travel and emigration, even though both entail leaving the country. A travel permission is binding as the child must return within 90 days. A permission to emigrate is for when the child is to leave permanently. However, if the child is going to Rwanda on a temporary visa, by definition the permanence condition cannot be satisfied. Now, how much that technicality matters from the Colombian side I don't know.

Another question: Once my fiance were to receive her K1, how long would she have to actually go to the US? Could she go there before I come back? Since she would have her green card, could she fly to the US and then come back to Rwanda?

Thanks!

[pushbrk 13,073]

Colombian law differentiates between travel and emigration, even though both entail leaving the country. A travel permission is binding as the child must return within 90 days. A permission to emigrate is for when the child is to leave permanently. However, if the child is going to Rwanda on a temporary visa, by definition the permanence condition cannot be satisfied. Now, how much that technicality matters from the Colombian side I don't know.

Another question: Once my fiance were to receive her K1, how long would she have to actually go to the US? Could she go there before I come back? Since she would have her green card, could she fly to the US and then come back to Rwanda?

Thanks!

Both Fiance AND spouse visas are intended for people intending to be permanent residents of the USA. Once you have a green card, you must maintain permanent resident status or lose it. Both the CR1 and K1 visas have a six month window for entering the USA but NO, the visa holder cannot enter the USA before the petitioner does. That, however, is just a matter of money, as you can buy a ticket and travel together.

The solution to the living in Rwanda problem is for you to marry, live in Rwanda and a year before you are ready to live together in the USA, begin the CR1 and CR2 visa processes to do so. First, you'll have to solve the problem of the child's permission to leave Colombia permanently, (emigrate) and how two Colombian citizens are going to get permission to live in Rwanda two years. Neither of those is a US immigration issue.

[nebodihome 0]

For those of you who have been following all of this in great suspense (joke), here is an update:

The father called today seeing if he can see his daughter, my fiance said sure and told him that it's a possibility that she would soon need his signature to allow his daughter to exit the country. He said he thinks that would be fine and suggested they talk about it in more detail later. While I know that is far from a yes, it does collaborate with my fiance saying that she thinks he would give the permission (she knows him better than I do).

Among other details, when the custody agreement was signed, he declined all visitation rights, citing that he didn't have the time. My fiance let's him see the daughter for the sake of the daughter.

[Ready to do it 101]

You keep trying to run before you can walk. I don't want to rain on the parade, but I have a pretty strong feeling this is not going to turn out the way you want it to. I would not be making any plans to do anything. The only thing you should be focused on right now is getting the father's permission for the child to emigrate (permanently). When you start talking about Rwanda, travels through Argentina, South Africa, etc the only thing you are doing is putting dollar bill signs in his head. Plan on tacking on a few more zeros onto the amount that you were planning to offer if you continue to go on and on and on without first doing the one and only thing that you need to do... get his permission for the kid to emigrate.

Your statements about him declining visitation etc are all irrelevant. The only thing that is relevent is "If he is still alive, she must have his permission." Nothing else matters. If he knows of all your lofty plans of travel, corporate sponsorship, etc. the only thing you are doing is assuring him that he is going to get a 6 figure payday. Keep it simple.

Colombian law differentiates between travel and emigration, even though both entail leaving the country. A travel permission is binding as the child must return within 90 days. A permission to emigrate is for when the child is to leave permanently. However, if the child is going to Rwanda on a temporary visa, by definition the permanence condition cannot be satisfied. Now, how much that technicality matters from the Colombian side I don't know.

Another question: Once my fiance were to receive her K1, how long would she have to actually go to the US? Could she go there before I come back? Since she would have her green card, could she fly to the US and then come back to Rwanda?

Thanks!

[nebodihome 0]

He doesn't know any of that about me, and I know him declining visitations is not relevant, just wanted to say it. But I do have a tendency to run before I walk. I will not respond here anymore as I think this post has run its course.

[nebodihome 0]

Okay, have to add a small part: My fiancee said her mom spoke with a friend who is a lawyer, and was told that every Colombian needs to show proof of a bank account when exiting the country. Does anyone know anything about this? To me, this seems more from the Colombian side as I have never heard of a fiance or spouse needing to document a bank account on the K1 or K3, unless its the petitioner's or joint account...

So, does anyone know about anything about this? My best understanding is that this is a requirement from the Colombian side to prove that the person has enough funds to exist the country... But this seems extraordinarily strange. If the person has a ticket to leave, what more would the Colombian side require proof of?

[nebodihome 0]

Also, if she is living in Rwanda but cannot conduct a k3 interview in English of French, and there are no Spanish translators, would she be allowed to travel to, say, Argentina for the interview (so as not to risk coming back into Colombia and risking the permission from her daughter's father being annuled?

[pushbrk 13,073]

Also, if she is living in Rwanda but cannot conduct a k3 interview in English of French, and there are no Spanish translators, would she be allowed to travel to, say, Argentina for the interview (so as not to risk coming back into Colombia and risking the permission from her daughter's father being annuled?

A spouse visa interview must be conducted in either the country of citizenship or country of residence. I doubt there are Spanish translators available at the Consular services in Rwanda but you could email them and ask. If she has the necessary permission letter, just what is the risk of going to Colombia for the interview?

[nebodihome 0]

I guess you are right. My fear was that the permission would be annulled upon entering again. Again, I know the best thing is for her to talk to an attorney, which she had made an official appointment for this upcoming Wednesday. Meanwhile, I guess I am must anxious. By the way, found out that ask visa interviews for someone residing in Rwanda are conducted in Nairobi, Kenya.

[skiptex 225]

i was going to say that spain would be closer.. but i looked at map.. not much difference.. LOL>.