Applying for fiancé visa

[ClaireGio 35]

Hi,

First time on here so be patient!

My partner (from Utah) and I are considering tying the knot. The fiancé visa way seems pliable and fairly straight forward. Just a few questions!

I lived in the middle east for more than a year - I can go back there get a criminal record check that's fine but does it complicate our case, should we get a lawyer? I lived in Bahrain.

I have a crew visa in my passport as I'm a regular visitor to us with my job (flight attendant) and am based in London. Again does this complicate things?

I have a previous marriage to a us citizen from 2008 which was dissolved last year (2011) however no applications to stay over there were made and I've not seen the man since January 2008. I have a divorce certificate from Texas to prove it is all over. Does this complicate our case?

Does anyone recommend we take a lawyer here? I never dreamed this amount of research could be involved!

Many thanks

Claire

[Harpa Timsah 13,258]

Hello!

1. Not a problem. You'll get a police cert from Bahrain and they'll do their background check.

2. Not a problem. However, do note that there will be a period of time after you get your K-1 visa that you cannot travel abroad or work. Are you going to quit your job, or did you have plans to go on an extended leave(4-6 months, depending)? If working continuously is important, then K-1 is no good for you. Look into a spousal visa in that case.

3. Not a problem.

[Nich-Nick 3,354]

The only problem I see might be additional security checks after the interview in London and before they will issue the visa because of the middle east connection. Your name might be checked through some additional databases that British born and bred (with no middle east connection) don't go through. It could take several months extra time to complete.

[ClaireGio 35]

I see. I lived there for just over a year working as a flight attendant for their national carrier gulf air. Several months?! I think my partner and I going to speak with a lawyer to figure out best way. I can fairly easily get the criminal record check by going to a ministry in Bahrain - perhaps my employment with the British airline I'm working for now may aid my success (they must surely be aware of the checks we go through for uk airside passes?) - so nick do you recommend a lawyer? Many thanks both of you!

[Laure&Colin 558]

The only problem I see might be additional security checks after the interview in London and before they will issue the visa because of the middle east connection. Your name might be checked through some additional databases that British born and bred (with no middle east connection) don't go through. It could take several months extra time to complete.

Have you ever seen a case like this where the applicant went through AP? I'm asking cause I lived in a middle eastern country too.

[brian_n_phuong 193]

I see. I lived there for just over a year working as a flight attendant for their national carrier gulf air. Several months?! I think my partner and I going to speak with a lawyer to figure out best way. I can fairly easily get the criminal record check by going to a ministry in Bahrain - perhaps my employment with the British airline I'm working for now may aid my success (they must surely be aware of the checks we go through for uk airside passes?) - so nick do you recommend a lawyer? Many thanks both of you!

I really don't think you will need a lawyer. You case is very straightforward, and you will still need to gather all this info (including the Police Certs) regardless if a lawyer is used. The UK is not a high fraud country, so thats a plus too. As long as you have a certified copy of the divorce decree (or equivalent), and can get the other paperwork you should be ok. There are some great guides on this website that can aid in the process. It's bit overwhelming at first, but no more so than babysitting a few hundred passengers locked inside a metal tube. Being a flight attendant you should be very detail oriented and probably have more experience with the immigration bureaucracy than most attorneys! I dont think you will have a problem. Perhaps just consult with an attorney to get a feel for the situation.

Edited March 18, 2012 by brian_n_phuong

[Xanax 349]

Hi Claire,

Welcome  There are so many great people here who will help you and are able to give you advice that I don’t think you will need a lawyer, you haven’t noted anything that would complicate your petition.

1)You will need to get a police check/ criminal record check for everywhere you lived after the age of 18 for 6 (it might be 12) months or more.

2)Your job shouldn’t complicate things!

3)Your previous divorce will probably come up, make sure you and your partner are both free to marry and you have your divorce decrees.

If I am in correct on any of these points I am sure someone will point me out.

Good luck and remember to update your timeline!

Britt

[ClaireGio 35]

I really don't think you will need a lawyer. You case is very straightforward, and you will still need to gather all this info (including the Police Certs) regardless if a lawyer is used. The UK is not a high fraud country, so thats a plus too. As long as you have a certified copy of the divorce decree (or equivalent), and can get the other paperwork you should be ok. There are some great guides on this website that can aid in the process. It's bit overwhelming at first, but no more so than babysitting a few hundred passengers locked inside a metal tube. Being a flight attendant you should be very detail oriented and probably have more experience with the immigration bureaucracy than most attorneys! I dont think you will have a problem. Perhaps just consult with an attorney to get a feel for the situation.

LOl babysitting, that is certainly one way of describing it!

glad you think our case is straight forward! thanks

[ClaireGio 35]

Hi Claire,

Welcome  There are so many great people here who will help you and are able to give you advice that I don’t think you will need a lawyer, you haven’t noted anything that would complicate your petition.

1)You will need to get a police check/ criminal record check for everywhere you lived after the age of 18 for 6 (it might be 12) months or more.

2)Your job shouldn’t complicate things!

3)Your previous divorce will probably come up, make sure you and your partner are both free to marry and you have your divorce decrees.

If I am in correct on any of these points I am sure someone will point me out.

Good luck and remember to update your timeline!

Britt

Hi Britt

I'm pretty sure I read somewhere I only need police checks from countries I lived in for 12 or more months, does anyone else have any idea? I hope so, I lived in Italy for about 10 months and have already had to get a criminal record check from FLorence before to get my current job.. don't really want to have to go back and do that again! I am sure I read 12 months though....

[brian_n_phuong 193]

LOl babysitting, that is certainly one way of describing it!

glad you think our case is straight forward! thanks

Again, it was straightforward from your description. It never hurts to at least do a free consult with an attorney, I did so with my case. I decided to proceed on my own, but the attorney helped identify a few red flags. I was able to self-mitigate the red flags with more evidence, but may have not done so if I had not been aware of them. Wouldn't hurt in your situation to do the same.

PS. Can you get me any BA J-Class upgrades??

[Nich-Nick 3,354]

Have you ever seen a case like this where the applicant went through AP? I'm asking cause I lived in a middle eastern country too.

My experience is K1 and London. Yes I have seen it happen at the London embassy many times, most often with people born in India or Pakistan because of a larger number of those nationalities represented in the UK or studying there. Many get cleared in 4-8 weeks. I have no idea if your embassy Paris has such a policy.

AP is generally a huge secret because of national security. Some speculate ties to certain countries by birth or frequent trips or living there can trigger the clearance in extra databases as an option for the consulate. Clearance can take time if there are many people with a similar name for example. If a suspected terrorist has the same name as you or maybe even your father, a little more digging to determine that's not you might take some extra time. Here is a very good article that discusses speculation about clearances. It's not written to fiance or spouse visas but the clearance explanation is very thorough. http://www2.gtlaw.com/practices/immigration/newsletter/archives/017/item07.htm

I mentioned the AP as a possibility to the OP because she will be going through London. It's not for sure, but only a maybe to be aware of.

[Harpa Timsah 13,258]

Hi Britt

I'm pretty sure I read somewhere I only need police checks from countries I lived in for 12 or more months, does anyone else have any idea? I hope so, I lived in Italy for about 10 months and have already had to get a criminal record check from FLorence before to get my current job.. don't really want to have to go back and do that again! I am sure I read 12 months though....

It's 6 months, but you don't have to physically go to the place to get the cert in most cases. You can order it from abroad.

See the req here: http://travel.state.gov/visa/immigrants/types/types_2994.html#6

Edited March 18, 2012 by Harpa Timsah

[Xanax 349]

I was reading before at travestate.gov and I pulled this:

What you need:

1. A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
   
2. Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
   
3. Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
   
4. Medical examination (vaccinations are optional, see below)
   
5. Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
   
6. Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
   
7. Evidence of relationship with your U.S. citizen fiancé(e)
   
8. Payment of fees, as explained below
   

Note: The Consular Officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

Note: again I just pulled this from the website above

[ClaireGio 35]

Again, it was straightforward from your description. It never hurts to at least do a free consult with an attorney, I did so with my case. I decided to proceed on my own, but the attorney helped identify a few red flags. I was able to self-mitigate the red flags with more evidence, but may have not done so if I had not been aware of them. Wouldn't hurt in your situation to do the same.

PS. Can you get me any BA J-Class upgrades??

LOl, Not working for the flag carrier actually!

DO you mind me asking what red flags do you mean? What sort of stuff do we need to look out for? WHen you see an attorney they're surely trying to get business so wouldnt they highlight minor things and make them out to be red flags? Its hard to trust anyone with "QC" after their name! But yes a consultation might do the trick. We have tonnes of evidence e-mails, skypes,photos, plane tickets (admittedly staff travel ones) and even domestic southwest full fare tickets so I don't think we will struggle in that area.

[ClaireGio 35]

I was reading before at travestate.gov and I pulled this:

What you need:

1. A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
   
2. Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
   
3. Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
   
4. Medical examination (vaccinations are optional, see below)
   
5. Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
   
6. Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
   
7. Evidence of relationship with your U.S. citizen fiancé(e)
   
8. Payment of fees, as explained below
   

Note: The Consular Officer may ask for additional information, such as photographs and other proof that the relationship with your U.S. citizen fiancé(e) is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and divorce certificates. Original documents and translations will be returned.

Note: again I just pulled this from the website above

DAmn! so frustrating that I chose to travel and see the world and now it is hindering me...