Our Journey

[Eliezer y Wendy 13]

Hello everyone. You may check this link to our history in the newspaper if you'd like:

http://www.heraldtribune.com/article/20101002/ARTICLE/10021035

Long history short, Wendy and I met, fall in love, started a family in Florida. However, shortly after having our baby she was sitted to show report in person at the Immigration Enforcement office in Tampa. After multiple visits to this office and consulting with lawyers, we were still broken apart. We bought a one way ticket for Wendy to Guatemala, leaving our 6-month old baby (at that time) with me in the U.S. I was a permanent resident, and filed the I129F as soon as I became a Citizen.

I know you would ask why we never married when formed our family. The thing was that Wendy and her family were applaying for political assylum, and the lawyer that was handling that case with them suggested us not to marry until the final outcome of that case. When he said this, we had already planned our and signed/paid for the lease of an apparment for us. We decided to move in. For over 13 years they were living in the U.S. with valid Social Security and a work/study/drive permit they had to renew every year. The assylum was denied, and Wendy left about a month after her last work permit expired. The deportation officer gave us some time.

I became a USC 2 years after Wendy left the country. I submitted the I129 F on May 8, 2013, and recently purchased a ticket for me and our son (who is now 3 years old) to go visit her for the first time since she left. Let's just say that up to now this journey have NOT been a piece of chocolate cake.

So no much more to say now, but willing to answer question if you need to ask before any advice you want to through in.I know Wendy and I have a little more than 2,379,856 questions about our case that I might start posting on these forum now.

Wish everyone good luck on their journey!

Eliezer

[TBoneTX 46,123]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- intriguing topic doesn't specifically apply to the K-1 process. ***

[canadian_wife 1,829]

Just to clarify, her denied asylum case, it was not deemed "frivolous" was it? It was just a simple denial and she left on time?

Good luck to you and your wife on your journey, welcome to VJ

good luck

[Eliezer y Wendy 13]

Thanks canadian_wife. As far as I know it was just denied for the lack of sustantial proof of the danger. They keept appealing until there were no more alloance to appeal and at that point the work permit for her dad was not approved. Her dad was picked up from work and that's when they called Wendy.

We are planning to marry shortly after arriving to Guatemala next month, but we aren't shure if we should just wait to receive noa2. I've been reading and researching about marrying after submitting a fiance petition, but please feel free to point me to some link with important info on that topic or any advice you may have.

Thanks again.

[canadian_wife 1,829]

I missed that you've already submitted the fiancé petition. If you marry before the visa is issued and she travels to the US, the petition/visa is void and you'll have to file for the spousal visa. One of the requirements of the fiancé petition is that one marries in the United States.

Click on the 'guides' section and start reading about the K-1

good luck

[Harpa Timsah 13,258]

Thanks canadian_wife. As far as I know it was just denied for the lack of sustantial proof of the danger. They keept appealing until there were no more alloance to appeal and at that point the work permit for her dad was not approved. Her dad was picked up from work and that's when they called Wendy.

We are planning to marry shortly after arriving to Guatemala next month, but we aren't shure if we should just wait to receive noa2. I've been reading and researching about marrying after submitting a fiance petition, but please feel free to point me to some link with important info on that topic or any advice you may have.

Thanks again.

If you do this the K-1 is unusable, and she can be banned for LIFe if she tried to enter on a K-1 visa as a married person. With all the previous issues, I wouldn't think you want to add to it and get banned for life. And yes, it has happened.

A K-1 fiance visa is for marriage ONLY in the US and AFTER the visa is issued. She must enter the US as a fiance, not a wife.

[Eliezer y Wendy 13]

Yeah we rather want a much better wedding here in the U.S. I was unther the impression that it was ok to marrie during the process and notify the immigration services of any changes in real time. I see we should just wait for our noa2 but still visit her. Christopher (our son) haven't seen her since he was 6 month old.

Thanks again...

[Harpa Timsah 13,258]

Yeah we rather want a much better wedding here in the U.S. I was unther the impression that it was ok to marrie during the process and notify the immigration services of any changes in real time. I see we should just wait for our noa2 but still visit her. Christopher (our son) haven't seen her since he was 6 month old.

Thanks again...

No, you still misunderstand. It is not okay to marry at any time, even AFTER NOA2. Even after the issuance of the visa. The K-1 is ONLY to marry in the US after the visa is issued. You must ENTER the US as unmarried people. Period.

There is a story on here of a woman who married her husband before she entered on the K-1 visa and now she is BANNED for life, separated from her husband.

[Eliezer y Wendy 13]

Ok... no wedding until we both make it to U.S.

Thanks