Can we get married at our wedding? (i think we're too late on the whole visa process)

[empr 0]

My fiancee is from Portugal and I'm from the U.S.

Ok... our timeline in short:

* Met in New Jersey in Summer of 2000 and he goes back to Portugal in Fall 2000

* Fell in love/got serious while I was living in Sweden in 2001

* .... Long Distance relationship continues....

* I spend summer of 2005 in Portugal

* He obtains a J1 researcher visa and spends Fall/Winter 2005-2006 in U.S. with me and returns to Portugal in Feb. 2006

* .... Long Distance relationship continues....

* We decide to get married in Jan. 2007

* We realize that he will need to get a J1 waiver for the two year-rule (would be up Feb. 2008 I guess) so that we can apply for K1

* He sends in the J1 waiver at the end of Feb. 2007, does not put correct postage on envelope

* I start planning wedding for September 9th, 2007: Buy gown, put deposit on place, buy invitations, guests are planning their trips

* In early April, he receives his J1 waiver application back saying there was incorrect postage and he has to resubmit

* We decide to wait because we figure we'll piss off USCIS if we send in the K1 without showing that he is applying to waive the J1

* State Dept. says they have received his J1 waiver application on May 7th

Now my idea is to attach the status of the J1 and send our K1 application in on Monday, May 14th.

I refuse to cancel the wedding because my poor parents have been waiting for 6 years for this. Everyone's excited and plans are in place. As you can tell, the two of us just move very slowly -- in relationship and in planning! So, our plan-B is to have the wedding but just not get married until he gets the K1 visa.

Sending in our application on May 14th to the Vermont Service Center, do you think we'll be able to get married on our wedding day?

all the best,

Gail

[ding 1]

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!

[Dan J 277]

Going through Vermont and Portugal you could be done with the K-1 visa in about 3 months if you dont get any delays. So its possible you will have the K-1 visa before your planned wedding, but there is no guarentee.

[ladywhite 0]

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!

Empr:

When is he going to know about his J-1 waiver? My guess is it is going to take a long while when he will hear anything back from USCIS. They just received his application early this month.

If he didn't get a waiver by the time he has a k-1 interview in his country (which I don't think he will, considering VSC is the center you filed), he wouldn't be granted a K-1 visa due to his being subject to the 2 year home residence requirement.

He in fact could have filed a j-1 waiver while still in the US.

Best wishes.

[empr 0]

Supposedly, the Lisbon Embassy has had the "No objection" paperowork done for the J1 visa waiver for 2 months now! USCIS returning our paperwork for wrong postage has screwed everything up and they are the bottleneck!

So.. I'm not worried about the J1 being approved... but I am worried that we will get a Request for More Information in reference to the J1 waiver that might slow things down considerably.

if the J1 thing only comes up at the interview, I think it'll be no problem.

Gail

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!

Empr:

When is he going to know about his J-1 waiver? My guess is it is going to take a long while when he will hear anything back from USCIS. They just received his application early this month.

If he didn't get a waiver by the time he has a k-1 interview in his country (which I don't think he will, considering VSC is the center you filed), he wouldn't be granted a K-1 visa due to his being subject to the 2 year home residence requirement.

He in fact could have filed a j-1 waiver while still in the US.

Best wishes.

[ladywhite 0]

Gail:

I am not sure if I understand your posting. Pardon me if I misunderstand something.

The "no objection" letter, as far as I know, needs to be sent to the USCIS and they will consider if they will grant a waiver to your fiance. Has the letter been sent to the USCIS yet?

I am not sure why you are not worried about the j-1 (waiver) being approved. My fiance had to wait 19 months to file I-129F because I am a former j-1 holder and is subject to the 2 year rule.

And I don't understand what you mean by "if the J1 thing only comes up at the interview, I think it'll be no problem."

If your fiance is still subject to the 2 year rule (in other words, he still doesn't have the j-1 waiver from the USCIS) on the day of his interview, the k-1 visa won't be granted.

Ladywhite

[ladywhite 0]

From http://www.usavisanow.com/k1fianceevisainfo.html

"...........

K-1 Fiancee Visa VISA INELIGIBILITY/WAIVER

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

The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.

................................"

[ladywhite 0]

Gail:

This is the link here on VJ that discussed about J-1 and the 2 year rule restriction. I think you might want to check it out.

http://www.visajourney.com/forums/index.ph...c=60799&hl=

Good luck.

[empr 0]

Your questions help a lot.

I guess I don't fully understand what's happening on his side, but:

I believe that the Embassy in Portugal sent the "no objection" letter to the USCIS in March ... but my fiancee's application was returned to him because of insufficient postage in March. He resent his application and they are registering it as of May 7th.

So, the "no objection" should be sitting at USCIS, but we do not see its status online. So, how long does the J-1 waiver process take? Can he call them to make sure they got the "no objection" from the Lisbon embassy?

thanks,

Gail

Supposedly, the Lisbon Embassy has had the "No objection" paperowork done for the J1 visa waiver for 2 months now! USCIS returning our paperwork for wrong postage has screwed everything up and they are the bottleneck!

So.. I'm not worried about the J1 being approved... but I am worried that we will get a Request for More Information in reference to the J1 waiver that might slow things down considerably.

if the J1 thing only comes up at the interview, I think it'll be no problem.

Gail

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!

Empr:

When is he going to know about his J-1 waiver? My guess is it is going to take a long while when he will hear anything back from USCIS. They just received his application early this month.

If he didn't get a waiver by the time he has a k-1 interview in his country (which I don't think he will, considering VSC is the center you filed), he wouldn't be granted a K-1 visa due to his being subject to the 2 year home residence requirement.

He in fact could have filed a j-1 waiver while still in the US.

Best wishes.

[Minya's wife 24]

Your questions help a lot.

I guess I don't fully understand what's happening on his side, but:

I believe that the Embassy in Portugal sent the "no objection" letter to the USCIS in March ... but my fiancee's application was returned to him because of insufficient postage in March. He resent his application and they are registering it as of May 7th.

So, the "no objection" should be sitting at USCIS, but we do not see its status online. So, how long does the J-1 waiver process take? Can he call them to make sure they got the "no objection" from the Lisbon embassy?

thanks,

Gail

Gail,

The J-1 waiver would be sent to to the Department of State not USCIS. Attached is the procedure for acquiring a waiver to the two year home stay requirement on the J-1. Where are you in this process (what step)? If you do not have the waiver granted, by the time your interview occurs, for the K-1 visa, your fiance will NOT be granted the fiance visa.

Your initial Plan B will probably be what you have to do, though he may encounter some difficulty coming to visit for the purposes of the "mock" wedding. There have been cases where visitors have been turned away at POE when they were coming to visit their fiancee....some encounter no problems at all, but others yes. So its a crapshoot of sorts.

Hope everything works out.

-P

The J waiver procedure has four steps.

STEP 1: Applicants must first complete a Data Sheet. They must then forward that Data Sheet along with two self-addressed, stamped, legal-sized envelopes and a check or money order for $230 U.S. dollars per application payable to the U.S. Department of State to:

Via US Postal Service:

US Department of State/Waiver Review Division

P.O. Box 952137

St. Louis, MO 63195-2137

Courier Service:

US Department of State/Waiver Review Division

Box 952137

1005 Convention Plaza

St. Louis, MO 63101-1200

Please write on the check or money order applicant's full name, date of birth and social security number, if any. Also, remittances must be drawn on a bank or other institution located in the U.S., and made payable in U.S. currency to the U.S. Department of State. In addition, if the applicant outside of the U.S. at the time of application, remittance may be made by bank international money order of foreign draft drawn on an institution in the U.S. and made payable to the U.S. Department of State in U.S. currency. Back to top.

STEP 2: Once the Waiver Review Division has received applicant's Data Sheet, they will use the self-addressed, stamped, legal-sized envelope to send a case number and instruction sheet on how to proceed with the application under the basis designated on the Date Sheet. This information will include a list of documents that applicant must submit to complete the waiver review application. After receiving the case number, the applicant must write the full case number on any documentation submitted as well as on the outside envelop of all future correspondence with the Waiver Review Division. If the case number is not written on all correspondence and the envelope, documents submitted will be returned to applicant. Back to top.

STEP 3: Once the Waiver Review Office has sent applicant the checklist of items necessary to complete review of the application (see Step 2, above), the Office will NOT follow up on documents not received. Rather, the applicant or his/her representative must ensure that the file in complete. The status of applications may be checked ONLY online or by calling (202) 663-1600. To obtain case status, an applicant must provide his/her full case number.

The applicant should submit all requested documents at the same time. Some letters (such as a "No Objection statement from the applicant's government) must be submitted directly to the Waiver Review Division by the Embassy. In such case, the applicant must request that the Embassy write the full case number on the "No Objection" statement and also on the outside of the envelope to be sent to the Waiver Review Division. If the third party agrees, an applicant may have all documents forwarded to the Waiver Review Division via that third party. However, ALL documents sent to the Waiver Review Division must have the file number clearly visible on them, as well as on the outside of the envelope in which they are submitted, or they will be returned to the applicant. Back to top.

STEP 4: At the end of the review process, the Waiver Review Division will forward its recommendation directly to the Immigration and Naturalization Service (INS), and the applicant will receive a copy of that recommendation at the address listed on the Data Sheet. If the application is denied, applicant will be notified directly. Back to top.

Note that the above information is general in nature and may not take into account the complexities of each case, as each J Waiver case is different. Therefore, it is not meant to serve as a specific guide for the J Waiver process, but rather, is meant to provide general guidelines concerning a J Waiver.[/i]

Edited May 13, 2007 by Paula&Minya

[empr 0]

Ok.. yeah.. it was sent to the Department of State. So, officially, they got the "no objection" letter before they received his actual application. Will this be a problem? Are they smart enough to file things correctly?

As for Plan B, I don't understand how they could turn him away if he's on a tourist visa. Is that legal? Where is it written that you cannot come to the US as a tourist when you're applying for a K1? I remember having read online no such restrictions.

He was advised by his embassy that it takes approximately 6 weeks for the Dept. of State to approve a J1 waiver once they receive everything. I don't understand why everyone thinks it's going to take a really long time. Was his embassy lying to him?

Gail

Your questions help a lot.

I guess I don't fully understand what's happening on his side, but:

I believe that the Embassy in Portugal sent the "no objection" letter to the USCIS in March ... but my fiancee's application was returned to him because of insufficient postage in March. He resent his application and they are registering it as of May 7th.

So, the "no objection" should be sitting at USCIS, but we do not see its status online. So, how long does the J-1 waiver process take? Can he call them to make sure they got the "no objection" from the Lisbon embassy?

thanks,

Gail

Supposedly, the Lisbon Embassy has had the "No objection" paperowork done for the J1 visa waiver for 2 months now! USCIS returning our paperwork for wrong postage has screwed everything up and they are the bottleneck!

So.. I'm not worried about the J1 being approved... but I am worried that we will get a Request for More Information in reference to the J1 waiver that might slow things down considerably.

if the J1 thing only comes up at the interview, I think it'll be no problem.

Gail

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!

Empr:

When is he going to know about his J-1 waiver? My guess is it is going to take a long while when he will hear anything back from USCIS. They just received his application early this month.

If he didn't get a waiver by the time he has a k-1 interview in his country (which I don't think he will, considering VSC is the center you filed), he wouldn't be granted a K-1 visa due to his being subject to the 2 year home residence requirement.

He in fact could have filed a j-1 waiver while still in the US.

Best wishes.

[athena_ny 1]

Ok.. yeah.. it was sent to the Department of State. So, officially, they got the "no objection" letter before they received his actual application. Will this be a problem? Are they smart enough to file things correctly?

As for Plan B, I don't understand how they could turn him away if he's on a tourist visa. Is that legal? Where is it written that you cannot come to the US as a tourist when you're applying for a K1? I remember having read online no such restrictions.

He was advised by his embassy that it takes approximately 6 weeks for the Dept. of State to approve a J1 waiver once they receive everything. I don't understand why everyone thinks it's going to take a really long time. Was his embassy lying to him?

Gail

Your questions help a lot.

I guess I don't fully understand what's happening on his side, but:

I believe that the Embassy in Portugal sent the "no objection" letter to the USCIS in March ... but my fiancee's application was returned to him because of insufficient postage in March. He resent his application and they are registering it as of May 7th.

So, the "no objection" should be sitting at USCIS, but we do not see its status online. So, how long does the J-1 waiver process take? Can he call them to make sure they got the "no objection" from the Lisbon embassy?

thanks,

Gail

Supposedly, the Lisbon Embassy has had the "No objection" paperowork done for the J1 visa waiver for 2 months now! USCIS returning our paperwork for wrong postage has screwed everything up and they are the bottleneck!

So.. I'm not worried about the J1 being approved... but I am worried that we will get a Request for More Information in reference to the J1 waiver that might slow things down considerably.

if the J1 thing only comes up at the interview, I think it'll be no problem.

Gail

Maybe have the religious ceremony, and don't file the paperwork. Call it something else, family engagement ceremony, when you refer to it with the USCIS.

I don't understand about the J1 timing, myself. But good luck!

Empr:

When is he going to know about his J-1 waiver? My guess is it is going to take a long while when he will hear anything back from USCIS. They just received his application early this month.

If he didn't get a waiver by the time he has a k-1 interview in his country (which I don't think he will, considering VSC is the center you filed), he wouldn't be granted a K-1 visa due to his being subject to the 2 year home residence requirement.

He in fact could have filed a j-1 waiver while still in the US.

Best wishes.

Yes, it's legal to turn away a visitor at the POE. He has to be able to prove sufficient ties to his country (securing the actual visa is only the first step, it has to be proven again at POE) which in a way "proved" he has no intent to immigrant on THIS TRIP. The K1, which in and of itself proves intent to immigrate at a future date can either work for or against him. Some people feel it shows that you wouldn't stay on this trip, others feel it proves that you're a risk factor if let into the country. K1s/K3s/IR-1s/CR-1s have to go the extra mile to prove their ties.

[Minya's wife 24]

Ok.. yeah.. it was sent to the Department of State. So, officially, they got the "no objection" letter before they received his actual application. Will this be a problem? Are they smart enough to file things correctly?

As for Plan B, I don't understand how they could turn him away if he's on a tourist visa. Is that legal? Where is it written that you cannot come to the US as a tourist when you're applying for a K1? I remember having read online no such restrictions.

He was advised by his embassy that it takes approximately 6 weeks for the Dept. of State to approve a J1 waiver once they receive everything. I don't understand why everyone thinks it's going to take a really long time. Was his embassy lying to him?

Gail

Unfortunately, that can be a problem....sometimes 'they' are not smart enough to file things correctly, if they are not received in the order that the instructions state. This can cause unnecessary delays only frustrating the applicant (you and your fiancee). That is why I asked what step you were at in the process? I'm assuming you completed step one, which was filling out the Data Sheet, attaching the self addressed envelopes and the correct amount of payment....then sending the whole packet to the Department of State at address listed. Was this the envelope that was returned to you for lack of postage?

Once this initial info is sent....the applicant is to wait for a letter acknowledging receipt of the application (this will have a case number to identify the application) and further instructions from the Dept. of State.

These instructions detail what evidence to send in (i.e. the "no objection letter")

But if you sent the letter in without having received your case number, the two pieces (your application for waiver and the "no objection" letter) run the risk of bypassing each other....in effect causing a delay.

Some people w/ valid tourist visas have been turned away at the Port of Entry (the US airport they arrived at) while they were in the K-1 process and came to visit their US citizen fiance(e). It all comes down to being able to prove sufficient ties to the home country. So if he does come to visit he should make sure he has documentation proving sufficient ties to his home country (i.e letter from employer stating dates and duration of said vacation, ownership of property documents, etc.). Its not meant to discourage you from trying to visit....just information, for reference.

Usually w/ the K-1 process, one of the best pieces advice is not to make any firm wedding plans until the visa is in your hands. So many things can happen to delay things....and as expensive as weddings are it can be a huge disappointment if on the day of the wedding the groom is missing because he has no visa. There have been stories here on VJ where weddings had to be canceled (money lost) last minute because the visa had not yet been granted to the groom.

Once again, good luck....I do hope all works out in time for your wedding.

-P

[Fandango 1,439]

It's always a bad idea to plan the wedding before the visas are in hand.

NOTE: IF YOU LEGALLY MARRY BEFORE YOUR FIANCE(E) OBTAINS HIS/HER VISA, YOUR K-1 PETITION IS USELESS AND YOU WILL HAVE TO START ALL OVER WITH A SPOUSAL VISA PETITION.

Edited May 14, 2007 by LisaD

[Sinergy 3]

never EVER set a date or pay for a wedding BEFORE the visa is in hand. USCIS does not do things according to how we want them to go. and in the event there are delays or a denial, your screwed basically. if your parents have waited 6 years, then they can wait a lil longer, after you cant have the wedding without your fiance anyway. and yes, if you get married BEFORE your k1 visa is approved BY the consulate, then you may as well push your wedding father away as the k1 will no longer be good.