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Filed: Timeline
Posted

theron,

Call around to a few immigration attornies and make an appointment with one for a consultation to discuss your situation. Consultations are not that expensive in the overall scheme of things, and you may even find an attorney will spare you a short consultation at no charge.

Some things are handled better in a face-to-face discussion than by e-mail.

Yodrak

Hello!

During a recent visit, I proposed to my long-term girlfriend. She lives in the Bahamas and frequently travels to see me and spend time. We met through a dating site.

I am planning a trip for both of us to Las Vegas, and I am planning to surprise her with a proposal of marriage, and I am planning to marry that sweet. wonderful, sexy woman. I called the marriage bureau in Las Vegas, told the clerk my intent and explained she is from the Bahamas. No problem. She just needs to have her tourist visa on hand. Then I called the chapel in the hotel where we will stay, and they just need a couple hours notice to perform a marriage. All green lights.

While wondering what would happen AFTER we are married, I wound up writing emails to a couple of marriage lawyers, who wanted money upfront for "yes and no" questions. One lawyer emailed me a K-1 starter form thingy, which I filled out, but no processing will take place until I pay. I am not sure if that was even necessary because the K-1 sounds like a prerequisite for people without a visa to marry abroad.

.....

Filed: Timeline
Posted (edited)

To the OP.... the exact same thing happened to me... I came on vacation to recover from surgery and while I was here my now husband asked me to marry him.... I said yes.... I arrived in the US on Feb 14th 2005 and we were married on April 9th 2005 with my family by my side (they all flew over for our special day) we filed for AOS and EAD in May 2005 and I was approved for my Greencard in Nov 2005....

If your fience knows nothing about your wonderful suprise then she is doing nothing wrong when she enters the USA... We had a chat with an immigration lawyer just to get a good understanding of our choices... at our AOS interview we were open and upfront when asked about our wedding.. our interviewing officer thought my husband had been very romantic with his plans... I was never asked about my intent when I entered and was not asked for any proof that I intended to return to my home country....

I wish you all the best and I hope she says yes .....

Kez

Edited by Niagaenola
Posted
Now I need to tell my story.

I went to USA two times for a visit. Third time Mike proposed to me in Las Vegas as a surprise.

I went back to my homeland with plans about searching for K-1 visa the legal way.

And everything was ok.

We started this proces, and in this meantime I would visit him again on my normal passport.

This fourth time went to be the most stupid thing that we did for our proces.

As a big surprise the officer at the POE asked me, ok when is the wedding.

Then I was stupid and naiv and told him as soon I will get my visa.

This here is only a visit.

And I was just honest that I thought I could be.

Worse was that I had just lost my job, just moved to my parents place, because I wanted to save up for our future instead of paying an expensive apartment.

And ofcause this officer saw me with intent to stay in USA.

He sended me back again for another 11 hours over the atlantic, and worse was that I did never see my fiance.

My I-129 was approved 1 year later in California. So actually it seems that they could forgive it.

I guess it's very importent that I did never overstay.

It is one and a half year ago we started and still not approved for a K-1 visa.

After the interview I had new complications.

But this I guess is for another topic.

With my little story I just want you to be very careful.

We wasn't prepared for all this since we back this time didn't now about anything.

I wish we knew this VJ for a long time ago

Good luck with your journey.

Sweetie

Ouch. :(

And the thing is that these interviewers have families too. You'd think they would show a little heart.

What is POE?

Sorry for my late response.

But POE was Minneapolis.

Sweetie

Now I need to tell my story.

I went to USA two times for a visit. Third time Mike proposed to me in Las Vegas as a surprise.

I went back to my homeland with plans about searching for K-1 visa the legal way.

And everything was ok.

We started this proces, and in this meantime I would visit him again on my normal passport.

This fourth time went to be the most stupid thing that we did for our proces.

As a big surprise the officer at the POE asked me, ok when is the wedding.

Then I was stupid and naiv and told him as soon I will get my visa.

This here is only a visit.

And I was just honest that I thought I could be.

Worse was that I had just lost my job, just moved to my parents place, because I wanted to save up for our future instead of paying an expensive apartment.

And ofcause this officer saw me with intent to stay in USA.

He sended me back again for another 11 hours over the atlantic, and worse was that I did never see my fiance.

My I-129 was approved 1 year later in California. So actually it seems that they could forgive it.

I guess it's very importent that I did never overstay.

It is one and a half year ago we started and still not approved for a K-1 visa.

After the interview I had new complications.

But this I guess is for another topic.

With my little story I just want you to be very careful.

We wasn't prepared for all this since we back this time didn't now about anything.

I wish we knew this VJ for a long time ago

Good luck with your journey.

Sweetie

Ouch. :(

And the thing is that these interviewers have families too. You'd think they would show a little heart.

What is POE?

Sorry for my late response.

But POE was Minneapolis.

Sweetie

POE means port of entry

usa01.gif

Mike and Anettedk04.gif

Status:

03-07-07 Anette arrived in San Diego on a K-1 Visa

04-04-07 Married in Las Vegas

lovebirds.gif

AOS

06-01-07 Mailed AOS/AP to NBC

06-12-07 Recieved NOA by mail for AOS

07-10-07 Biometric appointment for AOS

08-03-07 AOS touched after they recieved RFE

08-14-07 Approval notice on AP is sent

08-18-07 Approval notice on AP recieved

09-07-07 Recieved Interview date by mail

10-23-07 AOS Interview / Approved

10-24-07 Card production ordered

10-29-07 Welcome Letter recieved

11-02-07 Greencard recieved

Remove Condition

08-05-09 Mailed I-751 to CSC

08-10-09 NOA1 Receipt date

08-15-09 Recieved NOA1 by mail

08-20-09 Recieved BIO date by mail

09-04-09 Biometric Appointment

09-08-09 Touch

11-25-09 Card production ordered

12-03-09 Approval Letter recieved

12-04-09 Greencard recieved

Posted
To the OP.... the exact same thing happened to me... I came on vacation to recover from surgery and while I was here my now husband asked me to marry him.... I said yes.... I arrived in the US on Feb 14th 2005 and we were married on April 9th 2005 with my family by my side (they all flew over for our special day) we filed for AOS and EAD in May 2005 and I was approved for my Greencard in Nov 2005....

If your fience knows nothing about your wonderful suprise then she is doing nothing wrong when she enters the USA... We had a chat with an immigration lawyer just to get a good understanding of our choices... at our AOS interview we were open and upfront when asked about our wedding.. our interviewing officer thought my husband had been very romantic with his plans... I was never asked about my intent when I entered and was not asked for any proof that I intended to return to my home country....

I wish you all the best and I hope she says yes .....

Kez

Just a side note as a umm, control freak :innocent:. Make SURE your fiancee understands that by marry on the spur of the moment and adjusting status here she has to STAY here. If this is out of left field and oops your two week trip just turned into marriage now and you staying and oh we'll have to have your mom box up your things and call your boss and quit your job from here she could freak out. I would freak out. SO I'd say definitley propose and then explain very well that if you get married RIGHT THEN she's in the US to stay for a LONG time which means tying up her loose ends over the phone. If that's all a bit too much for her THEN you to can start the process of K1, whereas she would return to the Bahamas and you would apply. Both work in your case it sounds like - so it just depends on the time she's going to need.

GOOD LUCK! :dance:

And so he did what countless punk-rock songs had told him to do so many times before: he lived his life

10/07/2006 WEDDING DAY!

11/14/2006 AOS packet made it to 'the box' after being overnighted.

12/02/2006 Paul had biometrics

12/14/2006 AOS Forwarded to CSC AND AP Application approved.

01/17/2007 First touch of 2007 at CSC

01/20/2007 Touched AGAIN (also the 18th) come on...

February: Oops, RFE for a REGISTERED marriage certificate. Oops! Overnighted it.

02/28/2007 Paul gets email letting us know his GREENCARD is on it's way! It's done...for now!

03/09/2007 Paul's greencard arrives. And breathe...

We began with mailing the I-129 in on February 27, 2006 so the whole process took us approx. one year.

Good luck out there!

See PCRADDY for our official timeline.

Filed: Timeline
Posted (edited)

theron,

Yes these interviewers have families - families that they have to support. So they do what their job requires them to do, which is to enforce US immigration law.

You expect a CBP officer to sacrifice their job so that a person who cannot meet the requirements for entry can make a visit?

Yodrak

Ouch.

And the thing is that these interviewers have families too. You'd think they would show a little heart.

.....

Edited by Yodrak
Filed: Country: Bahamas
Timeline
Posted (edited)
theron,

Yes these interviewers have families - families that they have to support. So they do what their job requires them to do, which is to enforce US immigration law.

You expect a CBP officer to sacrifice their job so that a person who cannot meet the requirements for entry can make a visit?

Yodrak

Ouch.

And the thing is that these interviewers have families too. You'd think they would show a little heart.

.....

Yodrak,

You don't go directly to jail for forgetting the case of soda beneath the shopping cart. I am saying that not all circumstances for these interviews can be that vague. Considering what Sweetie had to say in her reply, I think they knew better and were messing with her, by manipulating what she'd said. This would be a very upsetting circumstance for you or I if we missed a step, or did not calculate our words and someone broke up our family.

Sweetie,

I am a little confused about "Port of Entry." Are you saying that if I pick up my fiancee more than once at the same airport, that diminishes the validity or legality of my Las Vegas proposal? She visits here a lot, by her own expense.

Thanks for everyones replies, both positive and negative.

Edited by theron
Filed: Timeline
Posted

theron,

Violating immigration law is considerably more serious than shoplifting a case of soda.

Sweetie's story, as she related it, is a clear-cut a case as I have seen where the immigration officer had no choice but to deny her entry and send her back home. She had absolutely nothing in her circumstances that would compel her to leave the USA had the officer granted her entry.

Yodrak

Yodrak,

You don't go directly to jail for forgetting the case of soda beneath the shopping cart. I am saying that not all circumstances for these interviews can be that vague. Considering what Sweetie had to say in her reply, I think they knew better and were messing with her, by manipulating what she'd said. This would be a very upsetting circumstance for you or I if we missed a step, or did not calculate our words and someone broke up our family.

.....

Posted (edited)

Theorn:

Do you think Sweetie should have "lied" when asked a direct question about her upcoming marriage to a USC? No one was manipulating her or trying to break up her family. They were simply doing their job. If she had been able to show strong ties to her country, she may have been allowed to visit.

I remember a few times early in my relationship with my husband (then boyfriend), when i was basically interrogated and given a very hard time when crossing (with him) from Canada into the US. That's the way it is, they don't let people that they think have a possible intent to immigrate enter the US.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Filed: Country: Bahamas
Timeline
Posted
theron,

Violating immigration law is considerably more serious than shoplifting a case of soda.

Sweetie's story, as she related it, is a clear-cut a case as I have seen where the immigration officer had no choice but to deny her entry and send her back home. She had absolutely nothing in her circumstances that would compel her to leave the USA had the officer granted her entry.

Yodrak

Forget the soda.

I see my jedi powers of metaphoric manipulation cannot dissuade you.

So it was against the law for her to leave America to tie up loose ends or anything. Alright.

I am going to comment that this is a whole new level of "common sense," as I'd go home too. I own my house, truck, etc. My lady is not without means either. She travels to and from here frequently. What eludes me is how anyone is supposed to know all this if they are being spontaneous? Unless they pretended not to know a little something already? :blink:

Ok. Theoretically, how would a person figure this out on their own, after a spontaneous proposal, and not make the mistake Sweetie did? Where should they have gone, what should they have done? How could they have found out in these circumstances?

Secondly, let us say I was not compelled by curiosity to come here to this forum. How would I have discovered any of this on my own in Las Vegas or anywhere for that matter?

Hindsight is 20/20, such as Sweeties situation. I am wondering how other people had the common sense to know they could not leave the country to sell their house or make arrangements.

This is a compelling discussion.

Filed: K-1 Visa Country: Mexico
Timeline
Posted
Ok. Theoretically, how would a person figure this out on their own, after a spontaneous proposal, and not make the mistake Sweetie did? Where should they have gone, what should they have done? How could they have found out in these circumstances?

I'm not sure it's as difficult as you think. *Most* people, IMHO, would start by looking for information on the USCIS website or talk with a lawyer, don't you think? They would discover that the K3 is probably the best option and they would return home and begin the necessary paperwork. That's what I would do.

Posted (edited)

Sweetie was not married. She left the US - went home and her husband to be applied for a K-1. She then tried to re enter the US "to visit" and was denied entry based on her upcoming marriage to a USC and not having strong enough ties to her country (as proof that she was going to leave the US after her visit).

If you get married and your spouse leaves the US, chances are that she won't be allowed back in on a tourist visa again. Sometimes they will allow this, but only if the person can prove that they have sufficient ties to their own country and intend to return home after the visit.

You can go ahead with your plan, but if you get married, your new spouse won't be able to leave the US (and return) while pending her AOS, unless she applies for and recieves AP.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Filed: Country: Bahamas
Timeline
Posted (edited)
Sweetie was not married. She left the US - went home and her husband to be applied for a K-1. She then tried to re enter the US "to visit" and was denied entry based on her upcoming marriage to a USC and not having strong enough ties to her country (as proof that she was going to leave the US after her visit).

If you get married and your spouse leaves the US, chances are that she won't be allowed back in on a tourist visa again. Sometimes they will allow this, but only if the person can prove that they have sufficient ties to their own country and intend to return home after the visit.

You can go ahead with your plan, but if you get married, your new spouse won't be able to leave the US (and return) while pending her AOS, unless she applies for and recieves AP.

Oh, ok. Sorry for that. I read Sweetie's post a couple days ago and all the ensuing conversations rather blurred together.

I understand this so far, but I am trying to look at this from an innocent perspective, as was my original intention.

First I thought of the trip to Las Vegas. I'd heard of wedding chapels being there. I thought it would be really romantic and spontaneous to get married there, while having fun. I read at the chapel websites that a wedding license was required. I called Las Vegas wedding bureau with my initial question which was, "can I surprise and propose marriage to my sweety who is from Bahamas?"

They said, "Sure, you can surprise her. She just needs to have her tourist visa on hand. She would leave S.S. # question blank... etc..."

No mention of ensuing legalities or responsibilities. I only started HERE as I found myself NOW getting deeper and deeper into legal stuff due to asking questions.

I wonder if Las Vegas marriage bureau would have on-hand resources or info for a circumstance such as this.

Edited by theron
 
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