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Filed: K-1 Visa Country: Russia
Timeline
Posted

I may have a serious problem on my hands. I met my finance Dec 06, she is from Russia. I visited her Jan23-03. We got engaged Jan24. I came home with all the K-1 documents that I needed. After some discussion(initial lust) we decided to take a step back (we postponed the engagement). We decided to get her a tourist visa to see if she would like USA, culture, etc. She was denied Feb 20. On the appilication she answered "no" to "Fiance a US Citizen". We were not technically engaged. After the denial we decided to go ahead with K-1 and I sent the K-1 Feb 26 207 . The K-1 documents I sent are dated from Jan 07. Is this going to be a problem at the interview??? To them it may look like I tried to get her to USA on tourist fiance then sent the K-1. They will clearly see the K-1 documents with jan07 dates and cross check them with the feb07 denied tourist visa where she answered "no" to fiance living in USA, even though we postponed engagement. Do I take the chance?????? I think I may cancel K-1 and go to Russia and marry her then send K-3 to remove these documents dated jan07. I dont want her banned from USA or anything. I have a feeling the Consul will think we are lying. Help!!!

Met Dec. 4 2006

1st visit to Russia - Jan. 23-30.

Engaged Jan. 24

CSC recieved and pending - NOA1 March 1

Touched- March 9 - recieved NOA1 hard copy in mail.

2nd visit - March 12 -27

Touched - May 23 (pleeeeeeeeeeeease)

APPROVED MAY 22 (On 5/25 I did the RFE trick and the CSC said it was approved 5/22. The dufus at USCIS was completely positive they were only working on Nov. 2006 petitions)

May 30th- Petition leaves CSC for NVC.

3rd visit - May 31 - August 31 ( If all goes well she will come home with me!!!)

Left NVC June 11th (I called everyday since 5/30 and they never recieved it??? Then on 6/13 I called and it was not only recieved but already sent to the embassy 6/11?? 

INTERVIEW 8/22

July 3rd-Recieved Packet

8/22 Interview was a sucess!!!

8/31 We arrive at JFK. Problem free entry.

10/26 Married!

1/15/08 Sent I-485

2/26 NOA

3/21 Biometrics Appointment

3/29 Received EAD Card

Filed: K-1 Visa Country: Russia
Timeline
Posted
I may have a serious problem on my hands. I met my finance Dec 06, she is from Russia. I visited her Jan23-03. We got engaged Jan24. I came home with all the K-1 documents that I needed. After some discussion(initial lust) we decided to take a step back (we postponed the engagement). We decided to get her a tourist visa to see if she would like USA, culture, etc. She was denied Feb 20. On the appilication she answered "no" to "Fiance a US Citizen". We were not technically engaged. After the denial we decided to go ahead with K-1 and I sent the K-1 Feb 26 207 . The K-1 documents I sent are dated from Jan 07. Is this going to be a problem at the interview??? To them it may look like I tried to get her to USA on tourist fiance then sent the K-1. They will clearly see the K-1 documents with jan07 dates and cross check them with the feb07 denied tourist visa where she answered "no" to fiance living in USA, even though we postponed engagement. Do I take the chance?????? I think I may cancel K-1 and go to Russia and marry her then send K-3 to remove these documents dated jan07. I dont want her banned from USA or anything. I have a feeling the Consul will think we are lying. Help!!!

Well, I think I will go ahead with the K-1. I think I may email the US Embassy in Moscow and describe my situation and see what they say. I dont know!!

Met Dec. 4 2006

1st visit to Russia - Jan. 23-30.

Engaged Jan. 24

CSC recieved and pending - NOA1 March 1

Touched- March 9 - recieved NOA1 hard copy in mail.

2nd visit - March 12 -27

Touched - May 23 (pleeeeeeeeeeeease)

APPROVED MAY 22 (On 5/25 I did the RFE trick and the CSC said it was approved 5/22. The dufus at USCIS was completely positive they were only working on Nov. 2006 petitions)

May 30th- Petition leaves CSC for NVC.

3rd visit - May 31 - August 31 ( If all goes well she will come home with me!!!)

Left NVC June 11th (I called everyday since 5/30 and they never recieved it??? Then on 6/13 I called and it was not only recieved but already sent to the embassy 6/11?? 

INTERVIEW 8/22

July 3rd-Recieved Packet

8/22 Interview was a sucess!!!

8/31 We arrive at JFK. Problem free entry.

10/26 Married!

1/15/08 Sent I-485

2/26 NOA

3/21 Biometrics Appointment

3/29 Received EAD Card

Filed: Citizen (pnd) Country: Nigeria
Timeline
Posted

You need to go and file anothere form I will ask my Husband for the form in question cos same happened to us while he was filling........ I was denied a visiting Visa and I also

state that I had no one in USA, so his lawyer advice he pick the form. You can just mail me tomorrow thru Visa Journey......... And I promise to give you all details fear not all is well.

I may have a serious problem on my hands. I met my finance Dec 06, she is from Russia. I visited her Jan23-03. We got engaged Jan24. I came home with all the K-1 documents that I needed. After some discussion(initial lust) we decided to take a step back (we postponed the engagement). We decided to get her a tourist visa to see if she would like USA, culture, etc. She was denied Feb 20. On the appilication she answered "no" to "Fiance a US Citizen". We were not technically engaged. After the denial we decided to go ahead with K-1 and I sent the K-1 Feb 26 207 . The K-1 documents I sent are dated from Jan 07. Is this going to be a problem at the interview??? To them it may look like I tried to get her to USA on tourist fiance then sent the K-1. They will clearly see the K-1 documents with jan07 dates and cross check them with the feb07 denied tourist visa where she answered "no" to fiance living in USA, even though we postponed engagement. Do I take the chance?????? I think I may cancel K-1 and go to Russia and marry her then send K-3 to remove these documents dated jan07. I dont want her banned from USA or anything. I have a feeling the Consul will think we are lying. Help!!!

Well, I think I will go ahead with the K-1. I think I may email the US Embassy in Moscow and describe my situation and see what they say. I dont know!!

Filed: K-1 Visa Country: Mexico
Timeline
Posted

As others have responded in your multiple threads, a denial for a B2 does not mean a denial for a K1. If you were not technically engaged and she answered NO to having a fiance, there is no problem and you should just relax.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Billsafari,

You have much good advice spread throughout your multiple posts on this subject. The advice is being given by members with much more knowledge than me on this subject, and although you PM'ed me asking for help, I believe that I will refrain from replying about the subject matter directly and simply wish you good luck with it.

Listen to the folks here and stop letting your imagination run wild. If you see a post that sounds credible, click on that posters picture .. review the posts that they made recently (this is what I do anyways) and make a determination if this is a person that seems knowledgable about the issue and has a history of credible posting in the past (do they reference actual facts, past posts, guides, etc. or if their posts are based on their beliefs.

Finally, if you determine that you want to withdraw your petition and reapply with different information I recommend that you do it before your case is adjudicated by CSC (june).

Again, good luck with your situation .. everything will work out just fine.

CB

Donnie and Sylvia

Filed: K-1 Visa Country: Russia
Timeline
Posted
As others have responded in your multiple threads, a denial for a B2 does not mean a denial for a K1. If you were not technically engaged and she answered NO to having a fiance, there is no problem and you should just relax.

Sorry everyone for the mutliple threads!!!!

Met Dec4 2006

Russia jan23-30 2007 engaged jan24, engagement put on hold feb 1.re-engaged feb 22.

Russia Mar 12-27 2007

Russia May 31- Aug 31 2007 (cant wait!!!!)

I am concerned because when I came home with all documents on jan 30 I had the K-1 package ready to be sent out. Then my fiance said she would like to see USA before she completely commits(fair request). So we put the engagement on hold. So I did not send the K-1. When she was denied the B2 on Feb 20 we then decided if we want to be with eachother we will send K-1. I sent the K-1 feb 26. I left the package "as is" so the documents are dated from jan 07. In addition, the package does not state we put the engagement on hold then re-engaged. So the consul will see she applied for B2 and answered no to "fiance in USA". I am worried they will think we are lying. I feel I need to explain myself to the embassy even though our situation is legitimate. In their eyes they my try to acuse us of fraud when all we wanted to do was to make sure all was good before we commited fully. I only want to get married once!!! I dont know what to do!!!!

Met Dec. 4 2006

1st visit to Russia - Jan. 23-30.

Engaged Jan. 24

CSC recieved and pending - NOA1 March 1

Touched- March 9 - recieved NOA1 hard copy in mail.

2nd visit - March 12 -27

Touched - May 23 (pleeeeeeeeeeeease)

APPROVED MAY 22 (On 5/25 I did the RFE trick and the CSC said it was approved 5/22. The dufus at USCIS was completely positive they were only working on Nov. 2006 petitions)

May 30th- Petition leaves CSC for NVC.

3rd visit - May 31 - August 31 ( If all goes well she will come home with me!!!)

Left NVC June 11th (I called everyday since 5/30 and they never recieved it??? Then on 6/13 I called and it was not only recieved but already sent to the embassy 6/11?? 

INTERVIEW 8/22

July 3rd-Recieved Packet

8/22 Interview was a sucess!!!

8/31 We arrive at JFK. Problem free entry.

10/26 Married!

1/15/08 Sent I-485

2/26 NOA

3/21 Biometrics Appointment

3/29 Received EAD Card

Posted

I doubt the denial of the tourist visa will affect the K-1 petition.

If the subject comes up during the interview(very likely), your fiance can explain that the engagement was broken off, then reinstated when the tourist visa was denied. Since you became engaged very shortly after meeting, it seems logical that your fiance would have fears/concerns about moving to a new country with someone she has only known a short time--and that would explain why the engagement was temporarily broken off.

Posted

I suggest to explain this situation during her interview. I don't think there will be a problem as long as there is a good explanation given. I am in the same situation - my fiancee lived with me in the U.S. for 9 month. She came here on J1 visa and did not put down on the application that she has a fiance in the U.S. We were not engaged at that time, however. She later changed here status to F1 and stayed with me for 9 months here. She will explain this during the interview, and we think it should not be a big problem.

Filed: Country: Senegal
Timeline
Posted
I doubt the denial of the tourist visa will affect the K-1 petition.

If the subject comes up during the interview(very likely), your fiance can explain that the engagement was broken off, then reinstated when the tourist visa was denied. Since you became engaged very shortly after meeting, it seems logical that your fiance would have fears/concerns about moving to a new country with someone she has only known a short time--and that would explain why the engagement was temporarily broken off.

I somewhat agree with this.

Is there anyway that you can proof with photos, receits, engagement congratulation

cards etc. that you "officially" engaged during your March visit ...face to face ?

You mentioned your engagement was in Jan., then later in February, but how did you celebrate it in person

when you were together in March ?

Dates of engagement are a grey area with the long distance. How does one really

engage online or over the phone....was the previous "engagement " not more of a

committment and the "in person engagement" later the real thing ?

Think about this and see how you can word your explanations to the conoff if or when

asked.

You can also ask an attorney who is familiar with your embassy, not just anyone.

But all things considered your explanation sounds very believable.

Depending on how "tough" your embassy is and how deep they look to find any excuse

not to grant the visa but you should be ok. If it was me I would continue with the K1 but that has to

be your decision.

Filed: K-1 Visa Country: Mexico
Timeline
Posted

Again, there is nothing illegal about applying for a tourist visa and visiting the US, even if the K1 is in process. Again, pursuing a K1 shows that you do not intend to immigrate using a tourist visa. You said you were not engaged at the time of the tourist visa application. Therefore she did not lie. Denial of a tourist visa has no relationship to a K1. If you are concerned about what *could* happen at the interview (and concern for this is wise), make sure you have all the evidence possible of your relationship and the exact dates and events so you are prepared to explain. End of story.

Filed: Timeline
Posted
Again, there is nothing illegal about applying for a tourist visa and visiting the US, even if the K1 is in process. Again, pursuing a K1 shows that you do not intend to immigrate using a tourist visa. You said you were not engaged at the time of the tourist visa application. Therefore she did not lie. Denial of a tourist visa has no relationship to a K1. If you are concerned about what *could* happen at the interview (and concern for this is wise), make sure you have all the evidence possible of your relationship and the exact dates and events so you are prepared to explain. End of story.

I agree.

Filed: K-1 Visa Country: Russia
Timeline
Posted

Should she offer this information or wait to be asked about?????

Met Dec. 4 2006

1st visit to Russia - Jan. 23-30.

Engaged Jan. 24

CSC recieved and pending - NOA1 March 1

Touched- March 9 - recieved NOA1 hard copy in mail.

2nd visit - March 12 -27

Touched - May 23 (pleeeeeeeeeeeease)

APPROVED MAY 22 (On 5/25 I did the RFE trick and the CSC said it was approved 5/22. The dufus at USCIS was completely positive they were only working on Nov. 2006 petitions)

May 30th- Petition leaves CSC for NVC.

3rd visit - May 31 - August 31 ( If all goes well she will come home with me!!!)

Left NVC June 11th (I called everyday since 5/30 and they never recieved it??? Then on 6/13 I called and it was not only recieved but already sent to the embassy 6/11?? 

INTERVIEW 8/22

July 3rd-Recieved Packet

8/22 Interview was a sucess!!!

8/31 We arrive at JFK. Problem free entry.

10/26 Married!

1/15/08 Sent I-485

2/26 NOA

3/21 Biometrics Appointment

3/29 Received EAD Card

Filed: K-1 Visa Country: Russia
Timeline
Posted

I dont want her to open up a new can of worms at the same time if she does not mention it I dont want the consul to feel she is hiding somehting. I dont know!!

Met Dec. 4 2006

1st visit to Russia - Jan. 23-30.

Engaged Jan. 24

CSC recieved and pending - NOA1 March 1

Touched- March 9 - recieved NOA1 hard copy in mail.

2nd visit - March 12 -27

Touched - May 23 (pleeeeeeeeeeeease)

APPROVED MAY 22 (On 5/25 I did the RFE trick and the CSC said it was approved 5/22. The dufus at USCIS was completely positive they were only working on Nov. 2006 petitions)

May 30th- Petition leaves CSC for NVC.

3rd visit - May 31 - August 31 ( If all goes well she will come home with me!!!)

Left NVC June 11th (I called everyday since 5/30 and they never recieved it??? Then on 6/13 I called and it was not only recieved but already sent to the embassy 6/11?? 

INTERVIEW 8/22

July 3rd-Recieved Packet

8/22 Interview was a sucess!!!

8/31 We arrive at JFK. Problem free entry.

10/26 Married!

1/15/08 Sent I-485

2/26 NOA

3/21 Biometrics Appointment

3/29 Received EAD Card

Filed: K-1 Visa Country: Russia
Timeline
Posted
Again, there is nothing illegal about applying for a tourist visa and visiting the US, even if the K1 is in process. Again, pursuing a K1 shows that you do not intend to immigrate using a tourist visa. You said you were not engaged at the time of the tourist visa application. Therefore she did not lie. Denial of a tourist visa has no relationship to a K1. If you are concerned about what *could* happen at the interview (and concern for this is wise), make sure you have all the evidence possible of your relationship and the exact dates and events so you are prepared to explain. End of story.

Should she offer this information or wait to be asked for it???

Met Dec. 4 2006

1st visit to Russia - Jan. 23-30.

Engaged Jan. 24

CSC recieved and pending - NOA1 March 1

Touched- March 9 - recieved NOA1 hard copy in mail.

2nd visit - March 12 -27

Touched - May 23 (pleeeeeeeeeeeease)

APPROVED MAY 22 (On 5/25 I did the RFE trick and the CSC said it was approved 5/22. The dufus at USCIS was completely positive they were only working on Nov. 2006 petitions)

May 30th- Petition leaves CSC for NVC.

3rd visit - May 31 - August 31 ( If all goes well she will come home with me!!!)

Left NVC June 11th (I called everyday since 5/30 and they never recieved it??? Then on 6/13 I called and it was not only recieved but already sent to the embassy 6/11?? 

INTERVIEW 8/22

July 3rd-Recieved Packet

8/22 Interview was a sucess!!!

8/31 We arrive at JFK. Problem free entry.

10/26 Married!

1/15/08 Sent I-485

2/26 NOA

3/21 Biometrics Appointment

3/29 Received EAD Card

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
I dont want her to open up a new can of worms at the same time if she does not mention it I dont want the consul to feel she is hiding somehting. I dont know!!

I don't know if they will or not make the connection between the dates you mentionned during the off/on engagement process..that they don't know about ...thus you have to wait and see...I have been and still am in a situation (a long one yeah!) where we expect an rfe..and was, i want to believe, adviced many times and hope it's the wisest, not to do nothing till they ask for it if they decide so..

But basically, i don't think the problem is the situation, but how to word it...and i think that your fiancee should word it as you did it here, in short and straight forward words..honestly..and include it whenever they need it, if they need it...

Second, check a member on here, niagarafalls's situation i'm sensitive now, and might help i don't know...they did a k-1, then abandonned it for a cr-1..and got it denied because they didn't respond or the papers were lost to an rfe for a k-1...bassically this is why i post here...because you reflected this type of plan ....just to be careful that there is a difference of what you think/imagine/ and panick about and what is they are looking for in a petition..2 completely different things sometimes...take care!!...and try to relax...this process is a good learning process of patience :devil:

CR-1, VT- Canada

I-130:

25 Aug 06 - Sent I-130 (a Friday)

28 Aug 06 - NOA1 & Certif. receipt returned ( a Monday) Day 1

29 Aug 06 - USCIS cashes check

30 Aug 06 - check cleared & 1ST TOUCH.

01 Sept 06 - NOA1 recvd by Mail

09 Sept 06 - 2ND TOUCH (a Saturday)

09 Mai 07 - NOA2 (2 e-mails)

Note: were told the long delay due to huge backlog and internal changes in VT

NVC :

04-June-07 - NVC generates DS-3032 & AOS bill

12-June-07 - AOS Bill payment sent/ alien receives DS-3032 form (by mail, dated 4th June)

13-June-07 - Alien sends back completed DS-3032 (by mail)/ rcvd 19th of June approx.

To mid July-07 - I-864 form sent completed and IV fee bill

19-July-07 NVC rcv I-864 form; mail signature rcvd.

22-Aug-07 Ds-230 with documents sent to NVC.

20-Sep - 07 Alien sends NVC Missing document. NVC receives it the 25th.

05-Oct - 07 NVC completed.

16-Jan - 08 Interview, 3 questions asked, visa approved same day, received 1week later approx.

Note: delay due to internal delay, missing document (not rfe) and self procrastination of understanding some abstract terms. C Post not at all reliable (delivery duration, delivery with signature (did not deliver personnaly), and delivery of interview letter rcvd after the interview).

In USA:

01-03-08 POE Entry in USA

...-03-08 2 Welcome in America letters and green card received.

"What I know is that I know nothing"

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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