K1 visa

[Darnell 8,478]

I really not enjoy the quagmire of learning about your casefile status piecemeal.

Would you please, purty please with curry laksa on it,

start at the beginning, and write a longish narrative, describing what's happened on interview day to today?

Thanks in advance !

[wak 0]

I really not enjoy the quagmire of learning about your casefile status piecemeal.

Would you please, purty please with curry laksa on it,

start at the beginning, and write a longish narrative, describing what's happened on interview day to today?

Thanks in advance !

Well my succinct and laconic account of casefile may not make you fulsome , satisfying your verbosity and aesthetic requirements. But anyone who is involved in the visa process can easily understand what I am asking and honestly give me some helpful info.

So

"I applied for K1 and refused by CO on the basis of 212(a)(5)underage petitioner, relationship is not petitionable"

In case you dont know what happens to refused K1........It goes back to USCIS for review with a recommendation of revocation.

Regards

[Adeelwali 3]

Dear waqar

i am pasting our private conversation here so that the whole VJ community can benefit from it.

U have options but i dont know exactly what ur case is so if u can share a further detail i will surely help u out. My fiance was 17 years of age at the time of interview at embssy so they put my name in AP when our AP is finished she is 11 months short of her birthday so the cousellor officer put our case on HOLD for 11 months and when she turns 18 i emailed embassy and emabssy issued my visa with in a week of her 18th birthday. Every case is diffrent my cousellor officer is generous and it also depends on luck. many people were denied due to age limit but i know one other case was put on hold for the same reason.

After reading ur story i can suggest that u file ur petetion in USCIS 8 months before of ur fiancee's birthday so that in 6 months USCIS can complete their preocess and age is not an issue at USCIS stage. So at the time of interview at embassy u fiancee will be 18 or very close to 18 and embassy will not decline ur visa at that time. U have another option tell ur fiancee to come to pakistan u both perform ur nikkah in pakistan and then u file for CR-1 or k-3 visa. I know a person who did this and he got his visa when his fiancee is 17.

Edited August 19, 2012 by Adeelwali

[Adeelwali 3]

"It was told to us by an attorny in NY that there will be no issue in the process, and he managed all the documentation.

In my case CO was not very nice and she was really angry ....."

Attorneys are seriously useless i did my whole process myself with the help of internet attorneys just want to make money. Anyways at the time of interview there is a file that contains ur full record it is pre decided what to do at the interview date CO just endorse it its beyond their limit to change pre decided cases. they just cross check evrything written in file is correct and looks fine. Can u imagine an applicant visa for USA to be decided in 15 or 20 mints of interview at embassy this seems a joke. So what i am trying to say is that when u went for ur interview the CO must have seen bullet points already recorded in ur file and that would have made him or her angry. Nothing to worry they just sent back the file to USCIS with intent to revoke petetion of the basis of 212 section. Ur fiancee will recieve NOIR Notice of intent to revoke with in next 6 months and if u dont receive it ur petetion will stand expire.

Secondly u asked "One thing that is confusing is that if they dont accept under 18 for K1 why they allow under 18 for K3 or CR-1..... "

let me clarify u that since u are coming USA and intent to marry ur fiancee in USA therfore USA rules of marriage will apply to ur visa as u are marrying in USA but in CR-1 visa u would be filling as husband of US citizen and marriage would have been taken place in pakistan so pakistan rule of marriage will apply to visa. As per pakistan rules a marriage is legal after 16 years of age for girls. So u can marry her and file for visa but remeber in that case as well u have to file I-864 affidavit of support and sponsor has to 18 for that affidavit but an attorney can go to court and take special permession from court to issue orders to emabssy to issue visa with the permission of court. In that case ur fiancee has to go to court and submit a bond that her hsuband will nt become public charge aftre coming US. Thats the only way of getting a visa before she turns 18 but it involves many $$$$ so its upto u if u can afford it u can chose this way but i will recomend u to wait and refile K-1 when shes 8 monts short of her 18th birthday.

[Anh map 2,098]

Is wak / original poster the US citizen or the alien fiancee? I assumed OP was the USC.

[Moomin 292]

How old is the US citizen, and how old is the foreign fiance(e)?

How old do you have to be in home country to legally be free to marry?

Some of the hurdles are that your legal guardian has to sign documents for you as you can't do it. One thing is consent, another is all the documents signed in your name. That, and ofcourse if you're the foreign fiance, how can your legal guardians appear as it states here;

If you are 16 or 17 years of age,(...) Your parents or guardians must give their consent in person before the town or city clerk or some other authorized official.

There are ways to get around it but you're dealing with USCIS. They're federal but will take certain factors into consieration(such as waiting period from divorced to re-marrying) when it's state-dependant to determine your eligibility.

[wak 0]

Is wak / original poster the US citizen or the alien fiancee? I assumed OP was the USC.

No I am alien Fiance and my fiancee is USC , 16 years old

[wak 0]

How old is the US citizen, and how old is the foreign fiance(e)?

How old do you have to be in home country to legally be free to marry?

Some of the hurdles are that your legal guardian has to sign documents for you as you can't do it. One thing is consent, another is all the documents signed in your name. That, and ofcourse if you're the foreign fiance, how can your legal guardians appear as it states here;

If you are 16 or 17 years of age,(...) Your parents or guardians must give their consent in person before the town or city clerk or some other authorized official.

There are ways to get around it but you're dealing with USCIS. They're federal but will take certain factors into consieration(such as waiting period from divorced to re-marrying) when it's state-dependant to determine your eligibility.

USC is 16 and alien Fiance, that is me , is 24

In Pakistan 18 is the legal age to marry for Males and 16 for Females ...

We did submit the written parental consent with the petition ....

Lets see how USCIS respond , we are certainly of legal age to marry in NY state

Edited August 19, 2012 by wak

[Adeelwali 3]

Look at this link of fareign affair manual: http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5.2 Defining "Sponsor"

(CT:VISA-1126; 12-03-2008)

a. To qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) who:

(1) Is a citizen, national, or lawful permanent resident (LPR) of the United States (including conditional residents);

(2) Is at least 18 years of age;

(3) Filed the petition which forms the basis for the visa application (or has a substantial interest in the entity which filed the petition); and

(4) Is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States. (See 9 FAM 40.41 N6.)

b. If the relative petitioner does not meet the qualifying criteria to be a sponsor (for example, by being under 18 years of age or not domiciled in the United States), the visa applicant must be found ineligible for a visa under INA 212(a)(4) until such circumstance no longer exists.

Ur visa is denied under this section i have been on hold under this section as well.

[wak 0]

Look at this link of fareign affair manual: http://www.state.gov/documents/organization/86988.pdf

9 FAM 40.41 N5.2 Defining "Sponsor"

(CT:VISA-1126; 12-03-2008)

a. To qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) who:

(1) Is a citizen, national, or lawful permanent resident (LPR) of the United States (including conditional residents);

(2) Is at least 18 years of age;

(3) Filed the petition which forms the basis for the visa application (or has a substantial interest in the entity which filed the petition); and

(4) Is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States. (See 9 FAM 40.41 N6.)

b. If the relative petitioner does not meet the qualifying criteria to be a sponsor (for example, by being under 18 years of age or not domiciled in the United States), the visa applicant must be found ineligible for a visa under INA 212(a)(4) until such circumstance no longer exists.

Ur visa is denied under this section i have been on hold under this section as well.

Do anyone now what does this "(or has a substantial interest in the entity which filed the petition)" exactly means ?

[Adeelwali 3]

Do anyone now what does this "(or has a substantial interest in the entity which filed the petition)" exactly means ?

This line refres to the joint sponsor. incase sponsor doesnot fulfil poverty guideline requirement then joint sponsor should be a intrested party to the person who file the orignal petetion. For example in ur case sponsor is ur fiancee but her joint sponsor should be her father or brother or sister or mother or any one related to her. joint sponsor should not be the person who has no intrest with sponsor for example her neighbor her office couleage cant be joint sponsors.

Edited August 21, 2012 by Adeelwali