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Charlesvb12

LOOKING FOR ANSWERS K-1??? PLEASE HELP IF POSSIBLE

By Charlesvb12 in What Visa Do I Need - Family Based Immigration

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Charlesvb12 Explorer

Charlesvb12   61

Posted
Filed: K-1 Visa Timeline
Posted

Hello this is my first post on here and i am fairly new to the immigration process. My girlfriend who lives in Brazil just got denied a tourist visa today. She had lived here for 11 years and moved back last october, she is 25 years old. She sent out form I-212 and got approval to re apply for a VISA. Unfortunately like I said she was denied a Tourist Visa today. They told her she can only apply for and immigration visa but she does not have relatives here. We want to get married, what can we do to be together again? Any answers would be greatly appreciated. BTW I live in the United States.

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Californiansunset
Californiansunset

She was rightfully denied a tourist visa. Visiting the US on a tourist visa with the intent to get married and file for AOS is fraud. People like your girlfriend are the reason why others who just wan

aaron2020
aaron2020

This is visa fraud. An non-immigrant visitor visa is not for immigrating to the US. The US Embassy properly denied the visitor visa because of immigrant intent.

Cathi
Cathi

First she overstayed twice then you just admitted you had intent to commit fraud and get married after she arrived on a new visitor visa. I highly suggest you study the guides at the top of the page b

Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

You can apply for a K1 visa and after granted get married in the US or you can go ahead and get married now and then file for a CR1 visa

please read the guides on this site from a computer to understand the processes available to you

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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p-ana Experienced

p-ana   933

Posted
Filed: Citizen (apr) Timeline
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She was rightfully denied a tourist visa and she has immigrant intent and already overstayed once.

Assuming you're a us citizen, you can file for a fiancé petition and bring her here to get married and have her adjust status or get married first somewhere and then petition her as your spouse. I strongly recommend going for the second option so she can arrive here and be a resident right away

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A'n'L Proficient

A'n'L   735

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Filed: AOS (apr) Country: Norway
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First, start by comparing the fiancé and spousal visa routes to determine which one is better suited for your situation. The most important question to answer is whether being together in the US as soon as possible or for her to be able to work and travel internationally immediately after arrival is more important.

http://www.visajourney.com/content/compare

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Charlesvb12 Explorer

Charlesvb12   61

Posted
Filed: K-1 Visa Timeline
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Yes I am a US Citizen, and our number one goal is to try and get her here ASAP. We planned to marry on her tourist visa but that was denied today. Thank you for all your help! From what I read K-1 is a quicker processing time than CR1 and the DCF would not apply in my case??

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Californiansunset Proficient

Californiansunset   336

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Filed: Lift. Cond. (apr) Country: Germany
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Yes I am a US Citizen, and our number one goal is to try and get her here ASAP. We planned to marry on her tourist visa but that was denied today. Thank you for all your help! From what I read K-1 is a quicker processing time than CR1 and the DCF would not apply in my case??

She was rightfully denied a tourist visa. Visiting the US on a tourist visa with the intent to get married and file for AOS is fraud. People like your girlfriend are the reason why others who just want to vacation in the US get a visa denial although they don't have the intent to stay.

K1 visa are being processed pretty fast right now.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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We planned to marry on her tourist visa but that was denied today.

This is visa fraud. An non-immigrant visitor visa is not for immigrating to the US. The US Embassy properly denied the visitor visa because of immigrant intent.

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Charlesvb12 Explorer

Charlesvb12   61

Posted
Filed: K-1 Visa Timeline
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Posted

So the proper way would be to go thru K-1 or CR1.. We have taken all the proper steps up to this point she was living here with DACA had a Social Security graduated High School and went to College in the US she left to finish college because she could not afford it and her Parents were in Brazil. She informed immigration when she was leaving and took all the proper steps leading up to when she left.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Did she leave without Advance Parole?

If she left without AP, then she could have a 10 years ban for more than 1 year of unlawful presence. Any visa you file for her would be deny. You would then need to file for a hardship waiver.

Edited by aaron2020
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Charlesvb12 Explorer

Charlesvb12   61

Posted
Filed: K-1 Visa Timeline
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Posted (edited)

We filed for the forms to reapply form I-212 and she got approved thru all of that.. I believe she would have been denied the I-212 form if she had the ban. When she went for interview they didn't tell her she had a ban but that she would need to apply for an immigration visa as her only choice. That process took about 6-8 months before they said she could reapply for visa.

Edited by charles121
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Rc123rc Rising Star

Rc123rc   528

Posted
Filed: Timeline
Posted

Sounds like OP already has his answer. K-1 or CR-1. The consulate already said the only possible visa would be an immigration visa. Please read the guides and decide which one would be better for your situation.

 
 

 

 

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Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

Thank you everyone for your time .. Would it be wise to start this process with an immigration lawyer ? Or has anyone been successful on there own?

The overwhelming majority of people on this site do the process themselves, this is a DIY site.

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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