Running Out of Time

[rebeccajo 14]

I don't think one can realistically expect a 'semblance of normalcy' when dealing with immigration. It'd be nice, but it ain't living with the known variables.

Maybe I see things differently because I'm not of a generation where we 'expected' to get 'our way' quickly (when I was born there were no microwaves or PC's ). Or because much of my working life has been spent dealing with situations where we had to 'prove' something - put round pegs in square holes.

Hopefully I can say here without offending that it's always amazed me how anyone could conceive of treding this path and NOT foresee it to be unlike any other process they've encountered. Also, for me personally, I've never felt it was any kind of 'right' my government owed me to live in America with a citizen of another nation. I've always felt the onus was on me.

And sadly, Daisy, I can pretty much testify that most of the American public gives not one damn about what we go through with this process. They think it's weird and unhandy that we have to go through this. But they see it as just more government red tape - and that the process is long and convoluted in their best interest - to protect them from 'evildoers'. I tried to conjure up sympathy with potential media during my husband's AOS journey - they weren't interested. It's just not 'sexy' enough.

Edited May 2, 2007 by rebeccajo

[msu17 0]

Hehe, reuniting newly-weds, you'd think that would be pretty darn sexy...

[no name 1]

SO.NOT.WORTH.IT.

Edited May 2, 2007 by devilette

[TimsDaisy 0]

Can you read?

I dunno, d, why don't you let me know.

You gave the link and pointed to post #19. That didn't seem to apply to our discussion. I didn't read through 4 pages worth of thread, no.

#19 still doesn't directly address what we've been arguing.

#22 applies to a marriage OUTSIDE THE US, in a country with a NATIONAL CHURCH. I've never argued that local jurisdictional requirements for marriage don't apply. But the question here wasn't about a UK marriage. It was about what to do with a planned US wedding. We have no national church. In most jurisdictions in the US, marriages aren't legally binding unless they are state sanctioned through a specific process. There can be exceptions. It's up to anyone in the position to study up and figure out what makes a legal marriage and what doesn't.

#27 is about a Thai ceremony and Thai marriages. Also distinguishable from the discussion we've been having here.

Do you think I can read now?

Don't think I've questioned your literacy. Your understanding of US legal principles, perhaps, but not your reading level.

N-E-Wayz

rebeccajo: I agree with your sentiments. There's no normalcy here. I'm not sure if I agree with the entitlement aspects (well, I do and I don't. I don't think we're entitled to have someone here. I think CSC filers are entitled to the same process as VSC - but that's not what we're talking about). And yes, most Americans don't know and couldn't give two hoots about our plight.

edit: on second thought - #19 DOES address the point. Yodrak - who I do trust more than the average bear - says "The issue here is whether a wedding ceremony creates a marriage absent registration. In some places it does, in others it does not."

That's absolutely true. So the OP or anyone else would have to do some homework AND BE SMART. I don't think I've said "well, just go for it and give it a shot! What the hell!" One would need to assess if in the place of the event, the event would result in a binding marriage.

If it doesn't, I remain confident in my assertion that there would be no need to disclose a non-legal event that is meaningful SOLELY to the people directly involved.

Edited May 2, 2007 by TimsDaisy

[TracyTN 237]

Also, for me personally, I've never felt it was any kind of 'right' my government owed me to live in America with a citizen of another nation. I've always felt the onus was on me.

I couldn't agree with that more.

[tmma 467]

..............................................

If it doesn't, I remain confident in my assertion that there would be no need to disclose a non-legal event that is meaningful SOLELY to the people directly involved.

What if at the POE the official felt that the respondant was not being truthful, or " something isn't quite right"?

TD, unfortunatly most CBP personel are not that well versed in the nuances of the law....It's my belief that they follow the "perception is more the rule than fact"......Either way, having to explain it all out to a CBP who is tired, fed up, bored and lied to in the past in a limited amount of time and stressed is not something I think anyone would want.

I will say again [ as I did somewhere else on this thread]....It is the job of the CO/CBP/AO to " probe" and why on earth would anyone want to place themselves in a position of having to " be careful" about anything they are testifying to for fear of the perception of deception, causing hassle, delays and possible disbelief on the part of the CBP and maybe even deportation...It has happened to members on here.

Edited May 2, 2007 by tmma

[Caladan 19]

Thing is, TimsDaisy, it's very hard to prove a negative. The burden of proof is completely on the immigrant to show that he's eligible for the benefit at all stages of it. So, she's have to leave out talk of the wedding at the interview. And maybe that's pretty easy. But then she'll have to be careful at the POE. No wearing a wedding ring, no bringing along wedding pictures, have a blithe response prepared when the POE officer cheerfully asks 'so, when's the wedding?'

Technically, you're quite right that absent a legal marriage, she's being completely honest and legal. And no one's saying she'd be committing fraud. But perception can count more just for the purposes of entry. There isn't an American tradition of having a big party with a big white floofy dress and a priest, that isn't legally registered. So you'd have to say 'well, it looks like a wedding, but trust us, it isn't, we have no legal paperwork.'

And then there's AOS, for which she's eligible based on being a fiancée when she crossed the border. That means no wedding pictures of the earlier ceremony then. (We had someone ask whether they should use their 'wedding' pictures as proof of relationship once.) It just seems like you'd be committed for the next few years to remembering your wedding day as something you can't talk about to USCIS.

I'd move the wedding back three months, personally, if you can.

[soon2bmarried! 0]

It is not our place to judge on this site. We are here to support one another! Lots of peple make wedding arragements prior to getting visa approval because of different situations or reasons. That is one reason all cases are treated individually!

I was in contact with a friend I have in Washington and was told that you can have your case expedited if you will suffer "extreme financial loss". If you are having an average American wedding, I bet you've paid thousands in deposits already and have the contracts to prove it.

In my eyes its worth the try! The worst thing they can tell you is no. If your case isn't approved in time, it sounds like you might have to travel to the U.S. and then back after the wedding. Technically you can't sign the paperwork to be 'legally married' but different people have different definitions of marriage. To me, my marriage is when I take vows in front of my family, friends and in the house of God... not when I sign a document with a particular state or country.

What is the most important to you? You can make it work even if it wasn't what you expected.

Good luck! I sympathize with your situation!

UK - California K1 Application, NOA1 received 2/2/07. No further contact.

Well, it is coming up to 30 days now since NOA1.

I hope I pre-empted an RFE by submitting the correctly signed G325A for me with a covering letter marked with my receipt number and contact details.

HOWEVER - We have the wedding all arranged for the 28th July 2007 (booked it, packed it etc), and I really dont think now that it will all come through in time - it seems to me generally to take 90 days to the day for interviews etc which would put us inside of August.

SO - does anybody know if there is an effective way of contacting the consulate. Is it worth telling them this - I have evidence of all of the arrangements? Is there a chance of pulling forward the interview assuming all other things run smoothly?

Otherwise, would I have to leave the USA after the wedding and sit through another 6 months of isolation awaiting a spouses Visa?

Thanks for your help!

YES...this is the part no one spoke to, if you get married, it is no longer a K-1. Then you are changing horses mid stream. Good Luck with the project, just dont come and get married and act like it didnt happen. A few bucks lost on deposits is not a big enough loss to jeportize this.

Bobbie

[kitkat1 5]

I was in contact with a friend I have in Washington and was told that you can have your case expedited if you will suffer "extreme financial loss". If you are having an average American wedding, I bet you've paid thousands in deposits already and have the contracts to prove it.

You can 100% sure that USCIS will not expedite a case because the petitioner planned a wedding without having a visa in hand. Proof of contracts and deposits means zero. It's not their problem and they would refuse the expedite request in a heartbeat. Petitioners are advised everywhere to NOT make flight/wedding/travel arrangements without a visa in hand.

[Caladan 19]

I wouldn't bet on getting an expedite request when they advise not making plans before the visa is in hand.

[William33 110]

I find it amazing that people still argue these points.

The K-1/Embassy instructions are clear. Don't plan anything until the Visa is in the hand. period.

With respect to overseas "ceremonies", not legally binding, TMI always sinks the boat. If you do it, don't talk about it. Simple as that.

3 lines, all facts represented. Next case?

Edited May 3, 2007 by William33

[KarenCee 3]

I was in contact with a friend I have in Washington and was told that you can have your case expedited if you will suffer "extreme financial loss". If you are having an average American wedding, I bet you've paid thousands in deposits already and have the contracts to prove it.

Um...I hate to break it to you...but...planning a multi thousand dollar wedding isn't a reason to claim "extreme financial loss" to the USCIS or to anyone else for that matter. It clearly states (as it has been so stated here on this thread numerous times) .... DO NOT MAKE ANY PLANS UNTIL YOU HAVE THE VISA IN HAND. There is nothing too hard to understand about that particular statement.

Why can't people just read the instructions? Why risk the chance of delays or something else happening? *BIG SIGH*

[TimsDaisy 0]

The OP didn't know. Now the OP knows. The OP wouldn't do it the same way again. But it's too late to lecture the OP.

And others who haven't yet started their journey who have found VJ, should have figured out as much before getting to #88 in this thread.

[kitkat1 5]

And others who haven't yet started their journey who have found VJ, should have figured out as much before getting to #88 in this thread.

Should have figured out as much. But then again considering post #83 STILL believes an expedite is a viable option, you just never know.

[no name 1]

And others who haven't yet started their journey who have found VJ, should have figured out as much before getting to #88 in this thread.

Should have figured out as much. But then again considering post #83 STILL believes an expedite is a viable option, you just never know.

Hi KK!