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Avoiding red flags in our K-1 application

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Filed: K-1 Visa Country: Turkey
Timeline

Hi all,

I just discovered this website and forum today. I just posted on the K-1 forum, and thought I should probably write an intro on this forum as well.

I am a 42 year old American chemist and my fiance is a 27 year old Turkish chemical engineer who went to grad school in the U.S. and Canada. We met through his music lyrics website in January. We are absolutely head-over-heels, madly in love. We have written over 550 long e-mails and have talked for hundreds of hours on the phone. I also correspond with his brother and sister, both Ph.D. students. I visited Sansal for 9 days last month, which is when we got engaged. We had planned to marry and settle in Istanbul after he completed his 5 month mandatory stint in the Turkish Navy in September.

I sold my house, started taking Turkish lessons, and was preparing to quit my job and move to Turkey. I went in for my annual mammogram two weeks ago, and they discovered I had breast cancer. So now I can't quit my job or I'll lose my insurance. I go for surgery next week and will then begin 5-6 months of chemo and radiation. But we're still as keen as ever to get married, bald or not!

We have two options. Sansal said I can come to Turkey and we can get married right now--before I start chemo next month. Then I can apply for a K-3 visa. Or we can apply for a K-1 visa and get married here in the U.S. as soon as he gets out of the Navy (late Sept.)

In my mispent youth (1990), I applied for a K-1 for my Costa Rican "surfer dude" boyfriend. Just 5 WEEKS later, he was in the U.S. He hated the U.S. and went back to C.R. after six weeks.

I had assumed that the K-1 visa for Sansal would go through in 5 weeks, and had actually been afraid of applying too EARLY! However, some Internet searching showed that it now takes around 7 MONTHS!

In addition, a friend of a friend who works in the INS heard our story and said we will be declined for sure. We have several factors against us:

1) My fiance is a Muslim AND a chemical engineer.

2) I am a chemist.

3) I have already successfully obtained a K-1 visa in the past.

4) I am 15 years older than my fiance.

Apparently #1-2 make us looks like potential terrorists, and #3-4 make me look like a "green card bride."

Have any of you on this forum run into the "terrorist" issue in your applications? Can they deny a K-1 based on our occupations?! Does it mean we'll have to wait 12 months instead of the already outrageous 7?

Also, does anybody have suggestions of what to do to avoid looking like potential Muslim terrorists? Should I send a photo of Sansal drinking a beer with dinner? ;) Do I need to specify very clearly that I am a chemist that studies the plastic in asthsma inhalers, and Sansal designs only big concrete storage tanks?

Should I avoid mentioning that he is currently in the Turkish Navy for his mandatory service? Will this make him look like a "trained militant" or something? What should I list as his job? The Navy? His old job he held until last month? (The same company has offered to hire him back after his service.)

Thanks in advance for any suggestions or advice,

Sharon in Missouri

1/8/07 - I meet Sansal, an engineer, through his lyric translation website.

3/23/07 - After 430 e-mails, we meet in Istanbul for 9 days.

4/12/07 - Sansal enters the Turkish Navy for his 5 mos. mandatory military service and I prepare to move to Istanbul for a year when he gets out.

4/19/07 - Annual mammogram reveals breast cancer. Begin surgery and chemo.

4/27/07 - Sansal proposes.

5/9/07 - We decide to apply for a K-1 and hire attorney John Roth in NY.

7/26/07 - I-129F filed at California Service Center.

7/27/07 - We begin working on our waiver for Sansal not meeting the "2 year rule" for an earlier J-1 visa.

9/17/07 - Sansal gets out of the Navy.

9/28/07 - I depart for my next trip to Istanbul!

629895001185654851.gif

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Filed: Citizen (apr) Country: Morocco
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Hi all,

I just discovered this website and forum today. I just posted on the K-1 forum, and thought I should probably write an intro on this forum as well.

I am a 42 year old American chemist and my fiance is a 27 year old Turkish chemical engineer who went to grad school in the U.S. and Canada. We met through his music lyrics website in January. We are absolutely head-over-heels, madly in love. We have written over 550 long e-mails and have talked for hundreds of hours on the phone. I also correspond with his brother and sister, both Ph.D. students. I visited Sansal for 9 days last month, which is when we got engaged. We had planned to marry and settle in Istanbul after he completed his 5 month mandatory stint in the Turkish Navy in September.

I sold my house, started taking Turkish lessons, and was preparing to quit my job and move to Turkey. I went in for my annual mammogram two weeks ago, and they discovered I had breast cancer. So now I can't quit my job or I'll lose my insurance. I go for surgery next week and will then begin 5-6 months of chemo and radiation. But we're still as keen as ever to get married, bald or not!

We have two options. Sansal said I can come to Turkey and we can get married right now--before I start chemo next month. Then I can apply for a K-3 visa. Or we can apply for a K-1 visa and get married here in the U.S. as soon as he gets out of the Navy (late Sept.)

In my mispent youth (1990), I applied for a K-1 for my Costa Rican "surfer dude" boyfriend. Just 5 WEEKS later, he was in the U.S. He hated the U.S. and went back to C.R. after six weeks.

I had assumed that the K-1 visa for Sansal would go through in 5 weeks, and had actually been afraid of applying too EARLY! However, some Internet searching showed that it now takes around 7 MONTHS!

In addition, a friend of a friend who works in the INS heard our story and said we will be declined for sure. We have several factors against us:

1) My fiance is a Muslim AND a chemical engineer.

2) I am a chemist.

3) I have already successfully obtained a K-1 visa in the past.

4) I am 15 years older than my fiance.

Apparently #1-2 make us looks like potential terrorists, and #3-4 make me look like a "green card bride."

Have any of you on this forum run into the "terrorist" issue in your applications? Can they deny a K-1 based on our occupations?! Does it mean we'll have to wait 12 months instead of the already outrageous 7?

Also, does anybody have suggestions of what to do to avoid looking like potential Muslim terrorists? Should I send a photo of Sansal drinking a beer with dinner? ;) Do I need to specify very clearly that I am a chemist that studies the plastic in asthsma inhalers, and Sansal designs only big concrete storage tanks?

Should I avoid mentioning that he is currently in the Turkish Navy for his mandatory service? Will this make him look like a "trained militant" or something? What should I list as his job? The Navy? His old job he held until last month? (The same company has offered to hire him back after his service.)

Thanks in advance for any suggestions or advice,

Sharon in Missouri

First of all, welcome.

Secondly, I don't think it is a "given" that you will be denied. Muslims get approved. Age differences get approved. The main thing would be to show in your application as much evidence as possible to prove the validity of your relationship. You have things going for you (having similar interests in terms of music, profession, etc). You know what things you might have against you. Address them all. Be upfront about your fiance's situation. It is best to be truthful as fabricating some truth could cause him not to get the visa. I think the military service might cause them to do some administrative processing (further checking) but does not necessarily preclude him from a visa.

Best wishes!

Twila

(P.S. My degree is in chemistry as well. However, I am a physics teacher!)

OUR VISA JOURNEY

02/24/05 - Mailed K-1 to TSC

03/18/05 - K-1 Approval from CSC

06/16/05 - K-1 Interview in Casablanca, Morocco

06/29/05 - K-1 Visa issued

07/07/05 - SO arrives in US

07/22/05 - Married in religious ceremony and reception with family & friends

07/25/05 - Married in civil ceremony

09/14/05 - Mailed AOS/EAD

12/28/05 - AOS/EAD biometrics in West Palm Beach

01/03/06 - EAD card arrives

03/08/06 - AOS interview and AOS approval in West Palm Beach

03/13/06 - Welcome to America letter arrives

03/18/06 - Green card arrives in mail

12/10/07 - I-751 mailed to TSC

12/26/07 - NOA receipt date (from transfer to VSC)

02/14/08 - Biometrics appointment

10/17/08 - Approval date

10/24/08 - Approval letter received

10/25/08 - 10 year green card arrived

10/06/09 - N-400 mailed to Texas Lockbox

10/08/09 - NOA priority date

11/06/09 - Biometrics

01/04/10 - Interview

01/13/10 - Oath Ceremony

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Filed: Citizen (apr) Country: Morocco
Timeline
In addition, a friend of a friend who works in the INS heard our story and said we will be declined for sure. We have several factors against us:

1) My fiance is a Muslim AND a chemical engineer.

2) I am a chemist.

3) I have already successfully obtained a K-1 visa in the past.

4) I am 15 years older than my fiance.

Apparently #1-2 make us looks like potential terrorists, and #3-4 make me look like a "green card bride."

I think a consultation with an experienced immigration attorney would be a good idea given your fairly unusual circumstances.

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Filed: Citizen (apr) Country: Morocco
Timeline

I just saw your other topic in the K1 forum, and it seems they don't agree with me over there. Of course, it's just my opinion, but a consultation with a lawyer won't hurt, you don't have to retain him. I see several flags in your petition, and although I'm not familiar with the Turkish consulate, a good lawyer may be able to advise you best how to handle them.

Good luck!

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Filed: Citizen (pnd) Country: Algeria
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First Welcome and I will pray you in my dua for healing of your cancer. Allah chiffiya! amin... Good place to be VJ and esp here on MENA eventhou do have heated moments... alot of things are addressed in immigration and also other ascepts... know it has helped me.Bonne chance!

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Filed: K-3 Visa Country: Egypt
Timeline

Europe and Eurasia would be a good place to post this since the folks going through Turkey would best know how the consulate is over there. Good luck either way both in your visa journey and your breast cancer journey. (F)

12/28/06 - got married :)

02/05/07 - I-130 NOA1

02/21/07 - I-129 NOA1

04/09/07 - I-130 and I-129F approval email sent!!!!

04/26/07 - Packet 3 received

06/16/07 - Medical Examination

06/26/07 - Packet 3 SUBMITTED FINALLY!!!!

07/07/07 - Received pkt 4

07/22/07 - interview consular never bothered to show up for work.

07/29/07 - interview.

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Ron Paul 2008

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Filed: Timeline

Welcome to VJ. When we applied for our K1 we had also had many "red flags"... divorce, age difference, both Muslim, differing cultures, etc. and we addressed those things openly and honestly. Some folks here don't agree with that approach but I think it helped us along with providing all the proof we could muster of the validity of our relationship. I agree that your circumstances are not an automatic denial at all. Your fiance will, most likely, encounter extensive background checks so it may take a little more time then you're prepared for. You have a wonderful resource here to plan your next step and to ensure you are prepared for each bend in this road. I wish you good luck!

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Filed: Country: Morocco
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Welcome and sorry to hear about your health problems! I think Jenn is right about consulting with an attorney. Among the red flags you mentioned... I would say that the fact that you only actually met once, for 9 days even, is a red flag as well. Someone who has more experience with red flags can better help you. But from what I've read they like to see an ongoing and more lengthy relationship. I wish you luck!!!

"It's far better to be alone than wish you were." - Ann Landers

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Filed: AOS (apr) Country: Jordan
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Please take into consideration this is just my own opinion based on; I previously applied for a k-1 for my ex (little over two years ago) (didn't work out obviously); I am 6 years older than my fiance; He is half turkish/jordanian, living in Jorday; he is also muslim. We had our interview last week and were approved. HOWEVER, I have known him for 1 1/2 years and have visited him more than once (6 months apart).

Taking that into consideration it may be possible to get approved. I am so sorry to hear of your medical news, I pray you will recover quickly. I'm not sure if that in itself will be seen as a "red-flag" if you decide to include that in your cover letter to your K1 packet. It won't hurt to get a free consultation. All things considered there are never any guarantees with immigration. Since you have time, the good news is, if you get don't get approved at the interview, you can withdraw the K1 and then opt for marriage.

Best of luck/wishes to you both.

1st K-1 Journey:

June 2005 - filed

October 2005 - visa interview

March 2006 - AOS packet mailed

DIVORCED

June 2007 - Interview

2008 - 10 year approval

--------

2nd K-1 Journey:

07/28/07 - AOS paperwork mailed

07/30/07 - Received at lockbox

09/18/07 - Biometrics

10/15/07 - Transferred to CSC

01/09/08 - AOS approved w/o interivew

11/01/09 - Lift conditions

11/01/10 - interview to lift conditions/10-yr card

01/01/10 - 10 year approval

DIVORCED

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I agree with Jenn and a good immigration lawyer would be worth consulting. the trick is to find someone who is good and knowledgeable about your particular circumstances.

One word about the red flags. They are not causes for denials. A red flag means you share characteristics with cases that are fraudulent. This means you have a heavier burden on you and esp your fiance to show the legitimacy of your relationship. You are definately in a good position though to be addressing these issues before submitting the petition. This way you can prepare a good organize petition, as well as prepare for the interview now.

I noticed you selected MSC as your filing center but I bellieve you will be filing with Nebraska who will then transfer youto CSC. Living in Missouri you will definately go through CSC and this will take approx 3 months from you NOA1. The interview should add another 3 months to your timeline.

Welcome and sorry to hear about your health problems! I think Jenn is right about consulting with an attorney. Among the red flags you mentioned... I would say that the fact that you only actually met once, for 9 days even, is a red flag as well. Someone who has more experience with red flags can better help you. But from what I've read they like to see an ongoing and more lengthy relationship. I wish you luck!!!

:thumbs: This would definatley cause a problem in any high fraud consulate and when adding it to allthe other flags, I think it is worth mentioning.

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

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A red flag isn't something you can avoid, exactly; it's just a characteristic of your relationship that might raise an eyebrown. He isn't going to go *poof* and get older or be educated in poetry instead of chemistry. :)

So it's more how you can address it. How you can show that you're a legit couple. Good advice on here would be from other couples going through the consulate in Turkey. Good advice might also be obtained from a lawyer, which is usually worth a consult if you can find an experienced one.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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Filed: K-1 Visa Country: Turkey
Timeline

Hi everybody,

Thanks for your great advice, support, comments, etc. It is so nice to have this resource available. You guys are wonderful!

Sharon in Missouri

1/8/07 - I meet Sansal, an engineer, through his lyric translation website.

3/23/07 - After 430 e-mails, we meet in Istanbul for 9 days.

4/12/07 - Sansal enters the Turkish Navy for his 5 mos. mandatory military service and I prepare to move to Istanbul for a year when he gets out.

4/19/07 - Annual mammogram reveals breast cancer. Begin surgery and chemo.

4/27/07 - Sansal proposes.

5/9/07 - We decide to apply for a K-1 and hire attorney John Roth in NY.

7/26/07 - I-129F filed at California Service Center.

7/27/07 - We begin working on our waiver for Sansal not meeting the "2 year rule" for an earlier J-1 visa.

9/17/07 - Sansal gets out of the Navy.

9/28/07 - I depart for my next trip to Istanbul!

629895001185654851.gif

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Filed: Country: Egypt
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No offense Sharon, but your friend sounds like..well, let's just say completely uniformed to say the very least.

My husband is a civil engineer and reads satellite images, he was educated in Europe. We're both Muslim. My mosque in America is filled with chemists, doctors, scientists, etc...

MOST of the top scientists/doctors/engineers in the States are Arab and as impressive as it is to get your PhD or be a doctor in America, it's extremely, extremely common in the Middle East.

Does your friend REALLY think that your fiancé is the ONLY chemical engineer, Muslim to ever want citizenship??? The middle east is crawling with Muslim engineers, as is America, it's not a rarity. And why would it be strange for a chemical engineer to marry a chemist??? It makes perfect sense. It doesn't take a chemical engineer to fly planes into buildings or to buy lots of guns like the Fort Dix idiots.

As for your prior fiancé, he didn't end up as a terrorist nor did he end up on American welfare so why would it matter that you brought someone to the States before?

The government is worried about two things...will the person who comes from another country be a financial burden on the system...and will they be a criminal/terrorist.

Being a Muslim and being an engineer does not make one a terrorist, and the government can not simply deny a visa for NO reason...as people have said in other threads, it doesn't work like 'muslim..denied'...

Don't let this "friend" of yours put you on the wrong track when clearly they don't know what they are talking about.

Also, I am 11 years younger than my husband but I am a member of an age gap forum and there are LOTS of stories there about older women bringing their younger men to the States...recently a 40 something year old woman got a fiancé visa for her 19 year old fiancé....I also know a 40 something woman who got a fiance visa for her 20 something Romanian boyfriend...so really, when you look around and see what's going on out there it helps you to remember that the world is filled with LOTS of people who are doing exactly what you're doing and who have succeeded in trying to do what you are trying to do.

Sorry to sound so rude about your friend but it really made me angry that they said something so stupid. When I read your list of why you would be denied I was really expecting to see a valid reason, instead when I saw the list I had to laugh...most of here probably have similar lists.

Hang in there and don't let people make you feel that you're automatically a criminal just because you're marrying an educated Muslim man.

Good luck!

Emily

Me: USC DH: Egyptian Citizen

Together we have a beautiful son, born on Christmas day 2007

Filing DCF (IR-1) from Riyadh, Saudi Arabia:

July 30, 2008 - Filed I-130 at Riyadh Embassy

August 3, 2008 - I-130 Approved

The embassy let us delay the interview so that my husband would have time to finish his work contract.

November 3, 2008 - Final Interview, APPROVED!!!

The embassy let us wait until late January to submit the passport for the visa so that DH could finish his work contract.

February 9, 2009 - VISA IN PASSPORT!!! (DH's birthdate wrong on visa, embassy keeps it for correction - gah!!!)

February 15, 2009 - CORRECTED VISA IN PASSPORT!!! WOOOHOOOOO!!!

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The government is worried about two things...will the person who comes from another country be a financial burden on the system...and will they be a criminal/terrorist.

The government is also worried about a third item. Fraud. And when legitimate couple have characteristics that are common among those that are fraudulent, the legit couple can find themselves caught in up in the net used to catch non-legit couples.

A legitimate couple should be concerned if their case has these red flags. Love and the fct he is not a trrorist or willbecome a burden on the state is not enough You have to be proactive in building solid evidence to overcome the burden of proof. And the burden of proff is on the petitioner at the USCIS level and on the beneficiary at the Consulate level.

erfoud44.jpg

24 March 2009 I-751 received by USCIS

27 March 2009 Check Cashed

30 March 2009 NOA received

8 April 2009 Biometric notice arrived by mail

24 April 2009 Biometrics scheduled

26 April 2009 Touched

...once again waiting

1 September 2009 (just over 5 months) Approved and card production ordered.

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Filed: Citizen (pnd) Country: Morocco
Timeline

I don't think it is a guaranteed denial, but I would say that you will have to encounter some extremely intense security checks. I have been through a denial and the biggest thing I have learned is to address ALL of your red flags with the initial petition. I wouldn't rush into sending in the petition ASAP, but rather think it through thoroughly to ensure that you give them everything to ease their suspicions and give them what they need to prove your relationship is valid. Letters of support from both sides of the family as well as from friends that know you as a couple prove to be beneficial. If you give the USCIS all of this information in advance it is possible that yours will take longer to adjudicate, but the issues at hand will be predetermined before it reaches the consulate. Of course the consulate will look for any other possible reason to send it back, but if you have everything addressed right from the start what would be left?

Good luck on your breast cancer. They have such a great success rate with it now. I have a friend that came through it with flying colors.

'Life should NOT be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather to skid in sideways - Chardonnay in one hand - chocolate in the other - body thoroughly used up, totally worn out and screaming 'WOO HOO, What a Ride'

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