Need B-2 Visa to meet requirements of K-1 Visa

[WSteve 0]

While he may be talking about an eventual K1, I suspect that he might try to throw all of these numbers into a letter (for his fiancé to present at his next B2 interview) designed to generate sympathy by a CO in Manila...I really doubt he is willing to ante up 20 grand or more in what will very likely turn out to be an exercise in futility.

At this point, the B-2 visa issue is secondary; there is no point in fighting for a B-2 visa if the ultimate goal of the K-1 visa can't be reached. I have spent considerable time researching the K-1 issues and, while I haven't and didn't expect to find an easy solution, I think I have found a way to approach the issue within the USCIS procedures. It will take time, but we are both committed and have the patience. I can and will do the vast majority of the leg work / ground work of collecting documentation etc. etc. I have obtained a copy of a USCIS interoffice memorandum dated February 7, 2007 titled "Guidance for Adjudication of Family-Based Petitions and I-129F Petition foe Alien Fiance(e) under the Adam Walsh Child Protection and Safety Act of 2006" authored by the Associate Director, Domestic Operations of the USCIS. It includes what evidence they would be looking for and the considerations to be used in making decisions. It won't be easy, but I believe I can supply every piece of evidence they list except for "evidence of uniformed (military) service" as well as covering their decision "considerations". I will also be carefully monitoring any available information about court cases or BIA rulings that might effect my case. I intend to prepare the documentation in a formal manner, well organized (indexed / cross referenced / etc.) and as professionally (perhaps tabbed notebooks) as possible. At that point, I will consider having a reputable immigration attorney experienced in such cases review the material / presentation and make recommendations only. I would anticipate having to send the I-129F application and supporting documentation to USCIS in a FedEx box.

I would anticipate the process of research and preparation of the I-129F with supporting documentation to take at least a year. I am retired, so time is not an issue. I have considerable experience in industry with planning and managing large multi-year projects (new facilities, major new product launches, etc.). That is how I intend to approach this.

Concurrently, I am researching a way to satisfy the "have met in person at least once within two years prior to submission of the application" requirement of the K-1. I believe I may have found a way, but again it will take considerable time to accomplish. But if it does not work, I will have at least established a firm foundation for both proof of a "genuine relationship" and a basis for a waiver of that requirement.

My fiance and I have discussed these issues at great length and agree on the approach. We have reviewed our relationship and recommitted ourselves to each other. While I work on these issues, he will continue to work full time in the Philippines and return to college to complete the requirements for his Bachelor's degree. It will be a busy year for both if us.

Edited September 18, 2015 by WSteve

[HFM181818 750]

'reputable' and 'immigration attorney' just don't go together. I would suggest great caution, because the majority of those 'noble practitioners' are interested in one and only one thing: $$$$$$$$$$$$$$$$$$$$$$.

[Boiler 45,952]

There are some decent Lawyers out there, may be a minority.

Do not forget the need to show a viable relationship, that means face time.

[HFM181818 750]

...which is the part he is trying get around, which will be time consuming and possibly expensive, with the tiniest of chances he will prevail.

[WSteve 0]

There are some decent Lawyers out there, may be a minority.

Do not forget the need to show a viable relationship, that means face time.

As stated above:

"Concurrently, I am researching a way to satisfy the "have met in person at least once within two years prior to submission of the application" requirement of the K-1. I believe I may have found a way, but again it will take considerable time to accomplish. But if it does not work, I will have at least established a firm foundation for both proof of a "genuine relationship" and a basis for a waiver of that requirement."

By "satisfy", I mean have actual time together in person. Ie.: A judge's permission for me to travel.

[WSteve 0]

...which is the part he is trying get around, which will be time consuming and possibly expensive, with the tiniest of chances he will prevail.

Not trying to "get around"; trying to comply with USCIS "Guidance for Adjudication......" in every conceivable way.

[WSteve 0]

'reputable' and 'immigration attorney' just don't go together. I would suggest great caution, because the majority of those 'noble practitioners' are interested in one and only one thing: $$$$$$$$$$$$$$$$$$$$$$.

OI research the attorneys as as completely as I research the issues.

[Penguin_ie 5,996]

I am actually kinda impressed with the attorney being so honest about costs and chances. You are clearly doing your own research Op, but if you want an attorney, that one may not be the worst.