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Posted

So I am planning on purposing to my girlfriend in the end of June she lives in Columbia and I live in Texas she tried getting her visa twice and she was denied both times and she said they don't tell her why just yes or no and it seems like she won't be able to get her visa so after I purpose to her what's the next step in the process do I need to contact an immigration lawyer and are there any legal documents I need to be engaged to her any advice would be greatly appreciated because I really love this girl but this whole thing seems so difficult but I know I want to marry her just the visa process isn't agreeing so like I said any help at all would be greatly appreciated and I want to do the CR1 visa because she wants to get married in Columbia but if the K1 visa would be the only route we will do that thank you for taking the time to read this and thank yall for yalls help 

Posted

She was most likely refused under 214(b): immigrant intent. There is nothing an immigration lawyer can do nor any legal documents to address that. It won't hurt a K-1 or CR-1 visa application, as these permit immigrant intent.

 

If you are intent on marrying outside the US, then the only option is a CR-1 visa. All you need to do is marry, file the paperwork, and then wait. ETA: ~12-16 months.

If marrying in the US is an option, the K-1 visa is possible, assuming you have met in person at least once within the past 2 years. ETA: ~8-11 months. This is more expensive overall, doesn't let her work or travel abroad (and return) for several months after entry, etc.

 

K-1: http://www.visajourney.com/content/k1guide

CR-1: http://www.visajourney.com/content/i130guide1

 

Whichever path you decide, be sure to read and understand all forms and instructions. An attorney is not necessary in most circumstances. The list of documents necessary are provided in the instructions, as well as the guides linked above.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

Read the above carefully.  I add the following:  the CR1 is well worth the extra time it takes.  Once she comes, she gets her green card and Social Security card right away.  With the fiancé visa, more steps and fees once she arrives and she would have several months of just sitting around doing nothing. It sounds great at first because you will be together, but that gets old very fast.  The other problem with the fiance visa is during that time she can't leave the country and if there is any kind of family emergency she must choose between going back and giving up her visa or stain. I think the fiance visa is a cruel one.

 

If you are planning to propose start now getting documents together of some of your chats, some texts or other Communications to show a bona fide relationship. Also pictures together and any travel documents from when you saw each other.

 

A visa can be done without an attorney, but may not be for everyone. I have seen some people make innocent mistakes that were tough to straighten out later. It all depends on how comfortable you are with reading everything and filling out the forms. If it seems daunting, and attorney might be an option.   There's not a one size fits all answer.  Some people can sit down and patiently read everything, others get impatient and give themselves headaches. 

 

 

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

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