Strong K-1 visa case? Should I file now or build up the base?

[Justkeepitrollin 0]

So I've read a lot of the forum threads here and guides, and I have a pretty good understanding of what it takes to build a strong case so that there is a much less chance of getting denied. I originally wanted to take my time to do the things I need to do, to build a strong case so there is no question of getting denied, but with Trump getting into office and the administration taking a stance towards making immigration much tougher, I don't want to take any chances in case the K-1 visa is affected.

 

Here is my story: I met my fiancee in Cambodia (We are both Cambodian). I am a US Citizen by birth, and it was my first time in Cambodia when I met her. We were introduced by my parents who saw and met her while she was working. I was originally going to leave Cambodia that weekend, so we had to move fast in our relationship. I met her parents a few days after we met, and they approved of the relationship and said that if I wanted to proceed, I had to get engaged to her. So we got engaged, and had a ceremony between our families and her village (just before Christmas). Cambodians traditionally also do it this way, similar to arranged marriages in where the parents have a big hand in their kids getting married and it happens fast, except their kids do meet each other first and have to like each other, but it's not a known custom because in the city, most people aren't traditionally anymore. 

 

After getting engaged, I ended up being able to rebook my flight, and we spent 2 weeks together traveling around Cambodia, we knew had made the right choice with the time we spent together. We took plenty of pictures as well. Her primary language is Cambodian, and mine is English, but she can speak a bit of English and I can speak a bit of Cambodian, she's learning English fulltime now but it's still rough, she'll have a hard time talking to the CO as it is right now in English, I don't know if that will raise a red flag. Today it's been about a month since we have met. Seeing as how we were introduced by my parents, and we met each other's parents and had a formal engagement ceremony with our families there with pictures, would that be enough to prove this is a legitimate relationship in the eyes of a CO? I am also a Federal government employee, with no prior K-1 petitions or marriages, with a low level security clearance, so I don't think fraud would be an issue where I would take money.

 

Should I wait until more time has passed and build a stronger case by visiting her again in another country, and accompanying her to the interview? This would push filing back by six months or so. Or would be safe to file the petition now? I would also be hiring a lawyer to ensure everything would be filed correctly and competently.

 

Any help/feedback/guidance would be greatly appreciated! Another thing is there will be elections in Cambodia in July, and the political climate there is very unstable and will make the country unsafe, so it's another thing that I have to worry about and wonder if I have a strong enough case to file now and would be able to get her out of there before that happens.

Edited January 25, 2017 by Justkeepitrollin

[A'n'L 735]

Go ahead and file, visit her again while the petition is being processed.

 

Re-think the lawyer, it's not necessary unless you have issues with criminal history/drug use/previous visa overstays etc. You can quite easily file the paperwork yourself by following the guides and advice given on this website.

[Justkeepitrollin 0]

But if I file now, I wouldn't be able to put the evidence that we met more than once? Also, I heard it's a very good thing to be there during the interview, and I wouldn't have the days off from work if I file it now and assuming it gets approved in 6 months, if I visited her in another country in 4 months.

 

I did see the vj guides and they are comprehensive, as well as the youtube videos, but I guess i would hire a lawyer for a peace of mind since they organize it all and would be able to respond to USCIS if anything should go wrong.

[A'n'L 735]

1 minute ago, Justkeepitrollin said:

But if I file now, I wouldn't be able to put the evidence that we met more than once? Also, I heard it's a very good thing to be there during the interview, and I wouldn't have the days off from work if I file it now and assuming it gets approved in 6 months, if I visited her in another country in 4 months.

 

I did see the vj guides and they are comprehensive, as well as the youtube videos, but I guess i would hire a lawyer for a peace of mind since they organize it all and would be able to respond to USCIS if anything should go wrong.

Not in the initial package, but it is really at the interview that the relationship is scrutinized. The USCIS only care that you meet the formal requirement (one meeting). I don't know if Cambodia is considered a difficult embassy (you should read up on that). If it is, it's definitely recommended to front-load the petition with evidence of more meetings and ongoing relationship. 

 

If you stay on VJ, you'll see that most times it's the lawyers who manages to overlook something and end up getting cases delayed. Lawyers are best at dealing with legal issues, you will be much better qualified to fill out paperwork about yourself. You also have the opportunity to reply to USCIS if they find something wrong/missing, you don't need a lawyer for that.

 

[Justkeepitrollin 0]

Yeah, Cambodia is considered a difficult embassy I believe, it's a high risk country. I do plan on reading all of the guides here and making sure I have all of the needed paperwork, and I bought the latest edition of "Fiancé and Marriage Visas: A Couple's Guide to U.S. Immigration (Fiance and Marriage Visas)" as well to ensure I know the entire process. The lawyer I am hiring is specifically an immigration lawyer so she has experience in these issues, and is also really highly rated with getting all 5 star reviews for being very thorough. 

[A'n'L 735]

Well, if you have the money to spend (waste), who am I to judge. Just be aware that you're essentially paying her to type up information you still will have to provide her, and to put the documents and pictures you provide her into an envelope. Since you've already taken the time to come in this forum and even buy a book (didn't even know those existed, make sure it's up to date) - I'd say you've given this process more consideration than your lawyer ever will. 

 

Good luck!

[b6543 25]

Absolutely essential/helpful and recommended to be there at embassy for interview. 

 

Save you money on lawyer and file yourself.  You can always hire lawyer later, if your case runs into a problem. 

[marcelwalden2007 0]

So what about if you have met your fiance in person, have had an online relationship where you talk and message everyday. Have photos and can prove we are genuinely in a relationship. I have unfortunately got a record from a juvenile and one assault as an adult. The assault was 20 years ago and was just a simple common assault.

 

Do you think we are wasting our time without legal help or not? Or do you know anyone who has had a similar problem? I am British so I think our governments get along well

 

Any advice would be good

 

Thanks

[marcelwalden2007 0]

Also I have a question for you b6543

 

If I needed legal advice can you recommend a good lawyer in Washington? That is where we plan on living? 

[USC1961 251]

On 1/24/2017 at 7:52 PM, Justkeepitrollin said:

So I've read a lot of the forum threads here and guides, and I have a pretty good understanding of what it takes to build a strong case so that there is a much less chance of getting denied. I originally wanted to take my time to do the things I need to do, to build a strong case so there is no question of getting denied, but with Trump getting into office and the administration taking a stance towards making immigration much tougher, I don't want to take any chances in case the K-1 visa is affected.

Putting Trump aside, the real question is do you feel your case is strong enough?  A weak case Trump or not is a weak case. 

 

On 1/24/2017 at 7:52 PM, Justkeepitrollin said:

 

Here is my story: I met my fiancee in Cambodia (We are both Cambodian). I am a US Citizen by birth, and it was my first time in Cambodia when I met her. We were introduced by my parents who saw and met her while she was working. I was originally going to leave Cambodia that weekend, so we had to move fast in our relationship. I met her parents a few days after we met, and they approved of the relationship and said that if I wanted to proceed, I had to get engaged to her. So we got engaged, and had a ceremony between our families and her village (just before Christmas). Cambodians traditionally also do it this way, similar to arranged marriages in where the parents have a big hand in their kids getting married and it happens fast, except their kids do meet each other first and have to like each other, but it's not a known custom because in the city, most people aren't traditionally anymore. 

This is a matter of concern as this may be construed as a marriage ceremony.  Which would negate your eligibilty for the K-1.

 

 

Quote

So what about if you have met your fiance in person, have had an online relationship where you talk and message everyday. Have photos and can prove we are genuinely in a relationship. I have unfortunately got a record from a juvenile and one assault as an adult. The assault was 20 years ago and was just a simple common assault.

 

Do you think we are wasting our time without legal help or not? Or do you know anyone who has had a similar problem? I am British so I think our governments get along well

 

Any advice would be good

 

In this case being British isn't going to help.  As you will scrutinized to the nth degree concerning your past.  Because even though your assault was ruled "simple"  under immigration law it could be considered as "aggravated" depending on circumstances.  You have a huge mountain to climb.  Have you considered just living in the UK?