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

[NikLR 13,227]

~~moved to what visa do I need from K1 process and procedures~~

[Cathi 5,757]

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??

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 before you go forward. Immigration has many rules and laws and before you jump into a visa "to get her here ASAP" you really need to know what's ahead of you and how to do it properly and legally.

[David & Diana R 1,005]

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?

FOLLOW THE GUIDES...NO attorney required.

[Roel 7,192]

I think OP might be one of those people where you have to explain everything step by step.

1. Check here for the list of the documents you need to assemble http://www.visajourney.com/content/k1guide

2. Send everything to

USCIS
P.O. Box 660151
Dallas, TX 75266

3. Don't forget to attach a fee of 340$ ! (It goes up to the 535$ on the 23rd Dec)

4. Wait few months.

5. Wait more until the Embassy gets you case.

6. Have your fiancee do a medical. (more $$)

7. Go for the interview and hopefully have a visa.

8 Profit!

Process might take anywhere from 6 to 9 months.

Once she gets here, she CANNOT WORK OR TRAVEL UNTIL YOU FILE AoS. http://www.visajourney.com/content/k1k3aos ( 1,140$ + biometric fee)

[Jing&Kuting 137]

I think since she overstayed before and the consul will also see on their records that she got denied a visa this time its a must for you guys to get legal help.

[Russ&Caro 1,549]

I think since she overstayed before and the consul will also see on their records that she got denied a visa this time its a must for you guys to get legal help.

I agree with this. Several in this thread have advised to do it yourself, but I'm not sure this is good advice. I don't think this is a D-I-Y case, with overstays, DACA, possible ban, possible hardship waiver issues.

[KierenHby 899]

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

This is not a typical DIY case.

With an overstay and visa denials, better to contact an experienced attorney.

[Shenzhen 34]

I would go the CR1 route can start working sooner if she intends to work. A little longer wait time. You have to go there and get married though. DO you have lot of pictures together correspondence etc. you saved all your receipts hotels etc. plane tickets. Emails skpye etc. Going to need all that more you have to document real relationship the better. No need for a lawyer just do everything in order as required. And you met within the last 2 years for a K-1.

[randomstairs 303]

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.

She did not visit the US on tourist visa nor are you to assume that she misrepresented herself during the visa application process. It is only considered fraud if one doesn't disclose their intentions during the visa application or entry procedures. You're being totally unreasonable. She applied and was denied (rightfully, yes) but what makes you assume that she LIED in the application?

[Chronopath 0]

I'm happily married with my wife from thailand for 5 years. We did it through a K1 Visa process. You can do everything via this site. It tremendously helped me without any lawyers. Just make sure you do your homework and read between the fine lines so you don't miss anything. Treat this process like a project assignment with a binder categorizing everything. Best of luck to you and your girl

[Charlesvb12 61]

Yes, tourist visa is tricky her dad lived in the US for 10 years left before her back to Brazil applied and they gave it to him. She told me sometimes you get it sometimes you don't. I agree we probably shouldn't have applied tourist visa and went K1 route first. But nobody committed fraud at the interview the interviewer just pulled her history on and said it can't be granted at this time your option would be immigration visa. And yes since she left last October I visited in feb and July and will be going back in January .. Pics, docs, receipts, passport stamps, conversations are all available and saved. I believe I can consult with a lawyer and not use him/her if after I feel we can go forward on our own.

Yes, tourist visa is tricky her dad lived in the US for 10 years left before her back to Brazil applied and they gave it to him. She told me sometimes you get it sometimes you don't. I agree we probably shouldn't have applied tourist visa and went K1 route first. But nobody committed fraud at the interview the interviewer just pulled her history on and said it can't be granted at this time your option would be immigration visa. And yes since she left last October I visited in feb and July and will be going back in January .. Pics, docs, receipts, passport stamps, conversations are all available and saved. I believe I can consult with a lawyer and not use him/her if after I feel we can go forward on our own.

[Charlesvb12 61]

Btw as I have stated, when she got interviewed they said her only option is applying via an immigrant visa... Is K1 even considered an immigrant visa? I was reading that its non immigrant with immigrant intent?

[A'n'L 735]

Btw as I have stated, when she got interviewed they said her only option is applying via an immigrant visa... Is K1 even considered an immigrant visa? I was reading that its non immigrant with immigrant intent?

Yes, "non-immigrant with immigrant intent" is the correct classification of the K1 visa (since it doesn't directly grant a GC). But the CO would have meant that she needed a visa that allows immigrant intent - which K1 does.

[Boiler 45,558]

On what basis was she in the US for 11 years? What sort of visa did she have?

Why did she file the I212?

[Charlesvb12 61]

Ok, i am going to give you the best timeline i can of her events, she is in Rio right now and out so no service I can give exact timeline later. She came to America with her mother illegally 12 years ago as a child, had no choice. I believe they were actually caught in Texas by border patrol immediately after arriving. Her father was already here in NJ he had left Brazil the year before. They went in front of IJ and believe she was granted school papers and permit to stay. She overstayed her permit spoke to a lawyer and got DACA in 2012 when it was instated. Her father left the US first and than her mother a year later. 2 years later paying for school and working got overwhelming and having no family in the US, she decided to go back to Brazil to finish school. She asked immigration for a Voluntary Deportation when she left so she could leave on the right terms, pay all bills, close banks, anything else that had to be done. That is why she filled out form I-212, her mother and herself both filled out the form I-212 for permission to reapply for VISA. Unfortunately her mother was denied but she was accepted to be free to reapply. Just went for Tourist Visa this passed Wednesday and was denied, As I said at the interview the lady told her she can only apply for a Immigrant Visa at this time. So that is where it is at.