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Filed: Other Timeline
Posted

Hopefull

Hello Forum! I've searched this forum and have yet to find a situation even close or similar to mine. So I was wondering if anyone can give me the low down on our situation.

Now *sigh* here's the situation we need assistance with and I know we must go about this delicately.

Before me and my intended even became close he was in the midst of obtaining his H2B working Visa. By time he was approved, we were in love and wanting to get married. I am pretty sure we can marry before his time is up (8 months) and must return to Jamaica. The last thing we need is the embassy to believe his H2B was obtained fraudulently it just coincidently and fortunately happened at the same time.

Specifically, I guess my questions are:

How Long Should We Wait to Get Married?

After Marriage, what forms do we need to fill out and what kind of reaction can we expect?

Is it realistic to believe that he will get approved transferring from the H2B?

Has anyone else ever experienced this before?

Thank you in advance for any information and advice you can give.!! Have a wonderful evening and for those enjoying the end of daylight savings time....ENJOY THE EXTRA HOUR OF SLEEP!

Filed: K-1 Visa Country: Canada
Timeline
Posted

If he enters the US on the H2B visa with the intent to marry and stay (immigrate) in the US that is fraud. Nobody will give you advice on how to commit fraud.

If he arrives on the H2B, marries and goes back home to either do a K3 of DCF (if applicable) that is legal.

*January 24 2006 - mailed in I129-F petition

*January 25 2006 - I129-F received at CSC

*January 30 2006 - packet returned.....arggggggggg we forgot one signature!!

*January 31 2006 - sent I129-F back to the CSC, hope we did not forget anything else

*February 1 2006 - I129-F received at CSC again

*February 3 2006 - NOA1

*April 20 2006 - NOA2!!!!!

*April 24 2006 - Touched!

*May 15 2006 - NVC received petition today!

*May 17 2006 - Case left NVC today!!

*May 30 2006 - Received Packet 3 from Vancouver!

*May 30 2006 - Faxed back Packet 3!!

*June 6 2006 - Received packet 4!

*June 20 2006 - Medical in Saskatoon

*June 28 2006 - Interview in Vancouver!!

*June 28 2006 - GOT THE VISA!!!*June 30 2006 - Moving day!

*July 3 2006 - Home at last!!

*July 28 2006 - married!

*September 13 2006 - Mailed AOS/EAD package

*September 25 2006 - Received NOA for AOS/EAD

*October 6 2006 - Biometrics appointments

*October 10 2006 - Touched!

*October 19 2006 - Transferred to CSC!

*October 26 2006 - Received by CSC

*October 27 2006 - Touched

*October 28 2006 - Touched again

*October 31 2006 - Touched again

*November 2 2006 - Touched again

*November 3 2006- and another touch

*November 7 2006- touched

*November 7 2006 - My case approved, still waiting for kids!

*November 8 2006 - Touched my case again

*November 13 2006 - Greencard arrived...yeah I can work!

*November 14 2006 - Touched my case again

*January 2007 - RFE for kids Greencard.

*February 2007 - kids medical and sent in RFE

*February 2007 - Received kids greencards

Filed: Other Timeline
Posted
If he enters the US on the H2B visa with the intent to marry and stay (immigrate) in the US that is fraud. Nobody will give you advice on how to commit fraud.

If he arrives on the H2B, marries and goes back home to either do a K3 of DCF (if applicable) that is legal.

Thanks Christy, so your saying that if he goes back after completing his H2B and then I re-file under the K3 or a K1 then everything will be fine. By the way WE ARE NOT IN ANY WAY asking anyone to help us commit fraud. We are asking how to avoid being fraudulent.

I've read this forum before I even posted and know it is a legitimate spot for assistance. It just coincidently happened that way. I deleted some of the content you can find it in the K1 forum. When I met him he had already filed for the H2B and we just didn't know the laws surrounding that and marriage.

Now we do :D . Thanks for you assistance.

Filed: K-1 Visa Country: Morocco
Timeline
Posted

GO K-1 ITS MUCH FASTER

If he enters the US on the H2B visa with the intent to marry and stay (immigrate) in the US that is fraud. Nobody will give you advice on how to commit fraud.

If he arrives on the H2B, marries and goes back home to either do a K3 of DCF (if applicable) that is legal.

Thanks Christy, so your saying that if he goes back after completing his H2B and then I re-file under the K3 or a K1 then everything will be fine. By the way WE ARE NOT IN ANY WAY asking anyone to help us commit fraud. We are asking how to avoid being fraudulent.

I've read this forum before I even posted and know it is a legitimate spot for assistance. It just coincidently happened that way. I deleted some of the content you can find it in the K1 forum. When I met him he had already filed for the H2B and we just didn't know the laws surrounding that and marriage.

Now we do :D . Thanks for you assistance.

Filed: Citizen (apr) Country: Nepal
Timeline
Posted

Your fiance is here in the US right now? If so, and as long as he did not enter the country with intent to immigrate (which I believe you may have to prove), he may be able to adjust status here (after you marry) without leaving. Someone will probably be along shortly who knows more about this than I do.

Best wishes!

Maya

Many thanks to the Visajourney community for all the help!

Posted

I am assuming your Love one is already in the US. If his intention was to come here and work and the 2 of you meet, then later get serious into a relationship, you can get married and Fill AOS, but you have to prove that the reason he came was for work only. The good thing i would day, The fact he has the H2, i am assuming also from an employer who sponsors him, that gives him an Extra credit in the sense he got the H2B Visa based on his own merit and meeting you here was not the reason of moving here for good. Get married and apply for Adjustment of status.

Not a lawyer but my 2cents

Gone but not Forgotten!

Filed: Country: United Kingdom
Timeline
Posted
Now *sigh* here's the situation we need assistance with and I know we must go about this delicately.

It's not that big of a deal!

Spend a hundred/couple hundred bucks to go meet with an immigration attorney (as should anyone who has an immigration history of any kind), get your case reviewed and then file yourelf if you want.

I think a couple of hundred $$ is a good trade off for a year of separation.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Other Timeline
Posted

Actually I met him on September 2 while on vacation. We didn't talk for about 3 weeks (I kept blowing him off) :whistle: . When I finally started to talk and get to know him, he said that he was in the midst of obtaining his H2B to possibly work in the states. But he was still working to obtain the funding which was $3,200 US to enter the program. Which didn't include travel fare or spending money when he got here. I was impressed because he never asked me for a dime and maintained he wanted to leave enough money in the account to take care of his mom, son and to make sure the car (taxi) he owned would still bring money into the household while he was away. This included paying the insurance for the next 12 months. I've still nothing by my phone bill ;)

I spoke to him almost everyday while he went through the application process, accumulation of funding and embassy interview, which is how we got to know one another. I came to find out, just like the embassy interviewer later found out, he is one stand up guy!! They stamped his Visa last week and we all celebrated in two different countries and about three different states by phone :dance: I convinced him that we should date the entire 8 months or at least six before committing to marriage to make sure its right for both of us. He whole-heartedly agreed.

All of this can be proven by my tickets showing the time I was there and when he started the program process. I think there are a lot cheaper ways than almost $4000.00 of HIS hard earned US dollars to commit fraud, let alone working and paying United States taxes for the next 8 months and having to live in seperate states while doing so.

So thank you Care G, Maya and Nikita :thumbs: for your additional comments and insight on this. I would hate for him to have to go back after 8 months, reapply, wait & be seperated through the K1/K3 process and then file an AOS that could be filed after his 8 month stay including all the fees that will be involved. But you know what, if that's what it take then so be it!

I'm just thinking their must be an easier way... with all that's going on in this world, REAL love should not be delayed. But I am assured that God is guiding this whole process and didnt mean for people to live with borders around them in the first place! :wub::(

Filed: Country: United Kingdom
Timeline
Posted
I'm just thinking their must be an easier way...

That is what we are all saying--there *is* an easier way. He should be clear to AOS from where he is, but you should *really* meet with a lawyer to confirm all the particulars of HIS case.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: K-1 Visa Country: Colombia
Timeline
Posted

An awful lot of folks adjust status from H2 with no problems. I don't see why it would be a problem for you. The only fraud would be if he came with the intent to marry and adjust. You have made it clear this is not the case.

Don't worry. Just look around some more and you will find plenty of stories much closer to the edge than yours.

I guess a lawyer is always good advice. I just don't trust them!!!

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Filed: Other Timeline
Posted

:bonk: I finally get it. A thousand thank you's to everyone!! I've been a woman obsessed and spent hours reading :reading: alot of the stories here, there, everywhere. It seems if all goes well dating wise, within a year, we will be fine if a permanent decision is made to be one. :luv:

BTW sjoefl01, :secret: you have every reason NOT to trust lawyers.... (no offense to anyone in the profession) I just happen to work for them as a paralegal (regulatory)... and about 2 on a floor of 20 attorneys are a oh kay.... It just an ego thing if you ask me. Deep down inside they just wanted to be loved. :lol:

Thanks Again and Good Luck to everyone in their new lives together! What the world needs now is luv, luv, luv! Happy Halloween and have a good night where ever you are, we still see the same moon in the sky.:D

 
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