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chunt3r

Confused, a little scared, and in need of a hug

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Filed: Timeline

Hi.

I'm in love with a man I've never met. I'm from the US and he is from Italy. Despite the 6-hour time difference, we talk to each other everyday...whether it be on skype, kik, or even emailing each other silly videos. We want to go to the same college together in a state other than the one that I currently live in and I was told by a representative that they do recognize both K-1 and I visas. BUT, I read on a .gov site that the American citizen and petitioner must have met within the last two years of applying. It is nearly impossible for us to meet. Every penny he has to his name is being saved for college since he's an out-of-state student (I am not yet a resident of the state in which the university is located. I plan on moving in with my dad who lives there before attending school. We're going to that specific one because it's the only affordable school in the country with both of our majors). We're not going for the F-1 student visa because it's simply impossible for him to earn the necessary $25000+ documented financial assets before attending the university.

We plan on starting school together in the spring of 2015.

It's nearly impossible for us to meet since I'm a full-time, unemployed student and he cannot yet leave Italy for personal reasons. I only have one friend who thinks I'm doing the right thing but even then, I've done so much research into this visa stuff and it doesn't make sense! I'm 5000% that this man is my soulmate and I'll do anything to bring him here...but with these financial roadblocks...my dream keeps getting darker.

Italy is a recognized VWP country so I was wondering if it would be legal/possible for him to come here without a visa so we can get married within the 90 days of permitted travel. If we do that, would we immediately file for a spousal visa?

Or, can we still apply for a K-1 and have the face-to-face requirement waived since we're both broke?

If not, could I bring him here, apply for a K-1 while he's here, get married, then adjust?

This is all really confusing and I'll be completely devastated if I don't get to be with my Italian Stallion. :(

Can someone please help? I would really appreciate it. Thank you so much! heart.gifheart.gifheart.gif

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Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

He could come here, then you file the I-129F and he returns to Italy once his authorised stay expires to wait out the rest of the process, or you could even marry whilst he was here and then file an I-130 for a CR-1 visa instead.

I'd advise you to tread carefully, and not let your heart rule your head.

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Filed: Timeline

Entering the US on a nonimmigrant visa with the preconceived intent to remain would constitute visa fraud.

He could come here, then you file the I-129F and he returns to Italy once his authorised stay expires to wait out the rest of the process, or you could even marry whilst he was here and then file an I-130 for a CR-1 visa instead.

I'd advise you to tread carefully, and not let your heart rule your head.

So do you mean to file the I-129F and marry him while he's here to visit and file the I-130 while he's still here? I'm a little lost.

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You said he can't leave Italy for personal reasons but I don't understand because he wants to move to the US.

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2/06/13: APPROVED!

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Something doesn't add up here.. You said he can't leave Italy for personal reasons so he can't fly here to meet you, but you're asking if he can come here on the VWP in order to marry you?

Not to sound heartless, but your friends are right to be a little skeptical. As Hypnos said, have him fly to visit you on the VWP, meet him and then see where this all goes.

If you still feel the same way after you have spent some time with each other in person, you have 2 choices:

  1. File the I-129F for a K-1 fiance visa and marry later
  2. Get married and file the I-130 for a CR-1 spousal visa

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Being broke is unlikely to be enough to waive the face to face meeting requirement (they usually expect to see a SEVERE financial burden or neither can get visas/leave country or a religious bar).

Also, if you're broke, you're going to need to find a co-sponsor who is willing to financially be responsible for him, whichever path you take.

+1 posts above. Confused as to why he can't leave Italy and if he indeed will do so to meet requirements. Once you've met, you've many good options.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
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7th June 2017 - Oath

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So do you mean to file the I-129F and marry him while he's here to visit and file the I-130 while he's still here? I'm a little lost.

I-129f is for a fiance visa, allowing him apply for the K1 to travel to the US and marry you and stay. OR I-130 can be filed directly after you marry, if you want him to visit you to marry - he should still return to Italy after the marriage to await approval and get his CR-1 to return for good.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: F-2A Visa Country: Philippines
Timeline

Either way, money plays a major role. No money = no meeting = no visa.

As a parent myself, I would advice that you concentrate on your studies first.

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

I have to be honest with you, this journey to be with him is going to require money. No romance without finance. The petitions are a not cheap, the cost of gathering evidence, medical fees, NVC fees, flights and depending on which visa u go with the I 864 requires you to be able to keep him from starving while he's here. So my advice is to get a part time job, save up some money for the cheapest, safest flight you can find. Go visit him to get it out your system, come back, keep working and go to school. You won't always be broke, one day things will turn around.

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