Do we even need a k-1 visa?

[Avery Cates 1,141]

The part that seems morally wrong to me is that it takes longer for married couples to get approval than K1's..

Why is that wrong? It's an erroneous piece of fallacy that somehow CR-1s are more important than K-1s, but you do see that rubbish speak here from time to time, as old as the forum itself.

[walran 24]

It really doesn't. K1s still have another hoop to jump with the aos

The paperwork doesn't bother me and I don't care about AOS or long paperwork times as long as we are together.. I "do" care about being together.. K1's get you together faster than marrying first and that is just wrong IMO...

[Transborderwife 4,666]

The paperwork doesn't bother me and I don't care about AOS or long paperwork times as long as we are together.. I "do" care about being together.. K1's get you together faster than marrying first and that is just wrong IMO...

Right but in this case it's not what you care about. It's what uscis does with background checks and things. K1s still have more to do to get to stay permanently. It just makes more sense.

[blondedoc 35]

I see. It's not quite as relevant to the condition of your situation as you think then. If you had stated for 6 months, and then left for a month and try to come back, there's about a 75% chance you would have been turned back then as well. If you stayed 3 months and did the same, they probably would have put a hard 3 month limit if they did let you in again at that point.

It wasnt this situation but thank you very much for your answer.

[blondedoc 35]

Sorry, but Ibelieve you are wrong. While the date written in the passport was wrong, I still don't really see a "mistake" on the part of US immigration. You obviously got a copy of the I-94 with the right date on it and could have stayed the 6 months you supposedly planned on when you entered. No mistake.

There was no reason for you to file for an extension if you truly only planned to stay for the original six months. But, you did...and US immigration was gracious enough to give you an additional 3 months, which they did not have to do. No mistake.

You didn't have to stay the full 9 months....but you did. During that time, there was plenty of time to discuss the things you talked about re planning for the K1, telling family, etc. But, you chose to stay outside the US for only 1 month and then seek to re-renter. Mistake -- but it was yours to try to use the visitor visa to be living in the US.

I know this sounds really harsh and how hard it is to be separated from your fiance/husband, but it's frustrating to see the blame being placed on US immigration for applying US law appropriately and on "bad luck" when visa abuse patterns like you describe are one of the reasons the process is as long and complicated as it is for everyone else.

I hope you get it all sorted out and are soon reunited with your husband.

Yes... But I didn't checked my I-94 once I always relied on the stamp of the passport.

I never heard the things that you wrote and I'm glad that I could learn more about this.

As I said... I'm ignorant on this subject and I'm having a hard time because of it.

About time to plan all my life, what I can say is that somethings happened in between that are very particular and I prefer keep quiet about that. There's a very personal reason for me to decide to stay for so long there too.

Well, thank you very much and I appreciate your explanation.

I don't know your situation but still, good luck if you are at the same boat.

[blondedoc 35]

The cynical me see's somebody caught out by the rules

Not bad luck

The polite me says: never ever be ironic with someone in a bad situation. Because on the next day it can be you at their shoes.

For example: I'm a medical doctor and even if I get you at the ER, suffering as I'm suffering, ill never ever be ironic with you. I'll take care of your pain and try to at least explain the situation and try to make you feel better.

All the best, "my friend".

[blondedoc 35]

This is a broken system that is ridiculous in the time it takes to gain approval and the fact that it is so unpredictable ( except for the long wait and heartache..).. Double the fees or even quadruple them and it would be fine for 90% of filers if they hired more people and expedited the process.

The part that seems morally wrong to me is that it takes longer for married couples to get approval than K1's..

I agree with you about the waiting time. I never saw a married couple from my country get together before a K1... Really sad.

[Unidentified 2,930]

It wasnt this situation but thank you very much for your answer.

Yes it was but you want to blame everything on bad luck instead of admitting that you put yourself in that situation.

You spent more time in the US than in your home country. It doesn't matter what the stamp or I-94 says, CBP did the right thing turning you down. You were using your visa to live in the US.

[blondedoc 35]

Yes it was but you want to blame everything on bad luck instead of admitting that you put yourself in that situation.

You spent more time in the US than in your home country. It doesn't matter what the stamp or I-94 says, CBP did the right thing turning you down. You were using your visa to live in the US.

Once this whole USCIS procedures are not like math and there's a lot of people who made really bad stuff and they don't get (I know people who stayed even more, crossed the border many times legally and nothing happened). I can say that luck is envolved. I can give you so many examples...

I'm trying to blame myself with all these information that you all here are giving me but I'm still not convinced that luck is not involved.

Or, maybe there's a stereotype of people that they look for. Who knows? Nobody knows.

But I'll keep straight and honest as always and with my mouth closed. It will be better for me accept and don't argue.

I just want to stay with my husband. Just that. If I knew that before... I could even think to bring him to Brazil. Now, He don't come because he has a great career in America and he don't speak Portuguese... And we depend about his income to be accepted.

And that's it.

Thank you!

[Unidentified 2,930]

Once this whole USCIS procedures are not like math and there's a lot of people who made really bad stuff and they don't get (I know people who stayed even more, crossed the border many times legally and nothing happened). I can say that luck is envolved. I can give you so many examples...

I'm trying to blame myself with all these information that you all here are giving me but I'm still not convinced that luck is not involved.

Or, maybe there's a stereotype of people that they look for. Who knows? Nobody knows.

But I'll keep straight and honest as always and with my mouth closed. It will be better for me accept and don't argue.

I just want to stay with my husband. Just that. If I knew that before... I could even think to bring him to Brazil. Now, He don't come because he has a great career in America and he don't speak Portuguese... And we depend about his income to be accepted.

And that's it.

Thank you!

Yeah people can come and go many times but it all depends on how much time you spent outside the US before you come here again. I stayed out 3 months, stayed in 3 months no problem. You stayed in most of the year and then stayed out 1 month. Do you not see the issue here? Everyone wants to be with their loved ones. That's why we're on VJ.

[aaron2020 11,651]

Once this whole USCIS procedures are not like math and there's a lot of people who made really bad stuff and they don't get (I know people who stayed even more, crossed the border many times legally and nothing happened). I can say that luck is envolved. I can give you so many examples...

I'm trying to blame myself with all these information that you all here are giving me but I'm still not convinced that luck is not involved.

Or, maybe there's a stereotype of people that they look for. Who knows? Nobody knows.

But I'll keep straight and honest as always and with my mouth closed. It will be better for me accept and don't argue.

I just want to stay with my husband. Just that. If I knew that before... I could even think to bring him to Brazil. Now, He don't come because he has a great career in America and he don't speak Portuguese... And we depend about his income to be accepted.

And that's it.

Thank you!

Luck is not involved. What you did is illegal. You abused your visa privileges by "visiting" your home country for one month and seeking to reenter the US. That's the illegal part; not the 9 months you were here. You simply don't get that what you did is illegal.

[Avery Cates 1,141]

K1's get you together faster than marrying first and that is just wrong IMO...

Nope.

[blondedoc 35]

Yeah people can come and go many times but it all depends on how much time you spent outside the US before you come here again. I stayed out 3 months, stayed in 3 months no problem. You stayed in most of the year and then stayed out 1 month. Do you not see the issue here? Everyone wants to be with their loved ones. That's why we're on VJ.

I see this issue. But as I said: as an ignorant in USCIS rules, I thought that I could spend the amount of time that they gave me. And I just knew that even that I was granted with 9 months, I couldn't be there for so long.

I wish I could know that before... Now is too late...

[aaron2020 11,651]

I see this issue. But as I said: as an ignorant in USCIS rules, I thought that I could spend the amount of time that they gave me. And I just knew that even that I was granted with 9 months, I couldn't be there for so long.

I wish I could know that before... Now is too late...

Once again, the 9 months in the US is not the problem.

Your problem is a one month visit to your "home" and trying to re-enter the US.

If you had stayed "home" longer than the time spent in the US, you would not have had a problem.

You simply don't get it.

Edited January 9, 2016 by aaron2020

[blondedoc 35]

Luck is not involved. What you did is illegal. You abused your visa privileges by "visiting" your home country for one month and seeking to reenter the US. That's the illegal part; not the 9 months you were here. You simply don't get that what you did is illegal.

I got that when it was late. I understand and I respect. And I like and want to learn more and more about that.

I'm sorry but I'll never take this thing from luck out of my mind.

I see that like a strategy game that you can be cough or not, you can be smart and honest or you can be respectful and smart, you can be ignorant and lucky... I see the whole process like this. People from different countries wait more or less their processes, people from different offices are granted faster than others... Every office work at the same way but everything is made by humans and humans makes mistakes. Look at my timeline... If I had someone who knows about Solo I-212, I was not supposed to try to fill it so many times. My POE was JFK... Their office is Queens and they didn't accepted that. And Long Island is not the proper office to accept my I-212 but they did. Than suddenly for no reason, they sent that to Nebraska... For what???

I hope you understood my point of view.

Unfortunately if you look on timelines... K1 are expecting more than married couples... Why?

Who worth more?

Everyone worth the same.

I'm drained, I'm depressed, I'm desperate... Maybe is just that...

I appreciate your words. Thank you.