k-1 visa lawyer-possible hard case

[adambrooks 0]

her gma has told sue that she will inherit the house when she passes away so there isn't a problem with that one.. i understand your point though so thanks.

[adambrooks 0]

Thanks for the cr1 spouse visa information I will have a good look into this now.. any option is open to me.. We do want to get married and we love each other so much but anything that gets me there and we can be together is the most important thing right now..i would even look into getting a work visa and I have done this many times but iI have not got a clue what companies offer such visas and a lot of it seems for professionals only.. I'm so lost with all this. And iI appreciate the advice

[adambrooks 0]

so to go with the cr1 route iI would have togo to the states and get married then return home and apply for this visa to be able to work over there as her spouse?

[C-ma'am 684]

so to go with the cr1 route iI would have togo to the states and get married then return home and apply for this visa to be able to work over there as her spouse?

Right! Unless she can fly to you and you can get married in your country.

[adambrooks 0]

its hard for her to come over here because of her kids and gma.. i need to check how long the cr1 visa takes to process

[adambrooks 0]

also travelling to the states just to get married then leaving.. does that not present a problem for me.. i know you can't do it on the visa waiver.. well you can but they don't like it

[adambrooks 0]

iI would have to lie to them whilst crossing the border

[Pinkrlion 2,724]

Thanks for the replies so far.. i need to clarify how the affidavit of support works.. basically am iIright in saying that my income as the foreign fiance is not even taken into account? so basically if my American fiance does not meet the requirements for then affidavit of support we need a co-sponsor who does and that's all there is to it?

Exactly!!!! The burden of proof of income is with the USC.

[adambrooks 0]

so i guess you can see why iI reckon we need a lawyer right?

[Harpa Timsah 13,258]

iI would have to lie to them whilst crossing the border

No, you can get married on the VWP. There would be no lying involved.

[bt1 42]

iI would have to lie to them whilst crossing the border

No, if you enter the USA with an intent of getting married and then returning home to await the outcome of the CR1 process, that is perfectly legal. What is Illegal is when you come with the intent of marrying and never returning home. Now, convincing the immigration officer at the border that you will returning home after you get married may be tricky, especially if you don't have solid proof that you have all the reasons to go back (i.e. strong ties to your homeland, such as solid, permanent job, property etc.).

Given your predicament, I think it may potentially pose a problem if you tell them you want to get married in the US, only because you say that you don't have a permanent job, so no solid reason to go back home after you are married. Maybe others disagree, but I think you are better off going with the K1 visa, even if it is a bit more expensive: save up as much as you can while waiting for the visa to be approved and that can tie you over while adjusting your status after you marry. Risking being turned back at the border because of lack of strong ties to your country could prove even more costly than the K1 visa itself.

[adambrooks 0]

even for the cr1 we need the affidavit of support.. so is it really much different than the fiance visa?.. iI know wewould get by for 3-6 months without me working till iI get my residency so to do all that just to be able to work straight awayisn't really important or very viable cos I know we can manage till we can get me the green light to work

the main focus is the easiest and most likely way of me being able to stay over there so we can be together

[adambrooks 0]

yes I agree with you bt1..I'm just really worried that our circumstances will be the cause of the k1 being refused.

all input is welcome though and iI appreciate it all..

[adambrooks 0]

and that's even with a co sponsor involved if we can find one

[adambrooks 0]

a success story based on similar circumstances would give me hope but I feel our case is a little extraordinary and difficult. its really frustrating because iI know we can get setup no problem but proving that to the usg based on our circumstances could be extremely difficult and iI just feel they would have plenty of ground to refuse the visa

Edited September 21, 2012 by adambrooks