Urgent Specific questions on K1 !! Pls Help !!!

[amlan70 0]

Hi All,

I am a newbie here ........and I got some specific questions with my scenario with is supposedly a bit unique.

Let me relate to my case.I am from India and my fiance os from USA.She is 20 yrs elder to me and we are dating overthe internet for a year now, never been met in person.NOw as we want to get married, we have decided that I wd go to USA in a tourist visa for 15 days take pics and all with her , apply for the K1 visa and return back to India with in that 15 days and wait for the process. NOw my friend member Paula& Miya gave me quite good replies pertaining to my earlier questions. I am quoting his replies to ask mine ones.

1) Given that you've never met in person before, and you have a significant age difference in the "other" direction (woman older than man) you may run into more scrutiny either way you go. Again it depends on the country you live in....but in those countries where older woman/younger man marriages are not traditionally done, these couples may get a greater amount of questioning, and their burden of proof is greater.

We met in a marriage site and have all emails, chats recorded since then .Recently we are recording cams too.So I am perplexed .can they reject this based on her elder age ??

2) You can get married on a tourist visa....it is visa fraud if you marry and then stay in the US and try to Adjust Status. So in essence marrying, then going back to wait out the K3 (spousal visa) process in India is not illegal. You just have to take your personal situation in consideration....and look at it from the Consulate's point of view. They may seriously question a situation as yours....never met in person, woman 20 years older, you come over on tourist visa and within 15 days you marry and she's applying for you to emigrate to the US. The Consulate's task is to differentiate between real applications and those that are filed only so the beneficiary can get immigrant benefits (i.e. the marriage is not bona-fide). With your personal situation as you stated, you will need to do a lot of convincing that your situation is real.

At 1st I thought I wd go for K3. but this reply has changed me to K1.Which is faster K1 or K3 ?? any thing anyone suggests to make them convinced ??

3) Regarding the age factor how to persuade them ?? You need to have documentary proof of your ongoing constant communication. Once you do meet in person, you need to take a lot of photographs, keep all receipts of anything you do together. Upon your return to India document all communication...i.e. emails, video chats, letters, phone conversations.

wd that all do . or someone suggests something extra ?? I dont really remember the name of the form but there is a document in which both of us have to state our intention to marry , our history of love etc. How imp is this ?? How much do they value our statements ?? Any points we shd specifically highlight on ??

4) You probably will receive more in-depth investigation and possibly harder questions. I am guessing that you have not met her in person yet as you're talking about having to make a visit before applying for the K1. Only one short visit and only very shortly before filing for a visa will probably not look very good.

So what do members suggest . after what period of me come back to India after my Tourist visa shd my fiance file for a K1 ?? any suggestions??

Pls pls help me specifically on my questions........ as I am really perplexed with the situation........ Pls help me !!

Care

Amlan

Edited July 30, 2007 by amlan70

[Jaseball 0]

That situation does raise red flags. 20 years is a large gap. Does she or you have children? I would guess that it would be important to figure out if the marriage is just for the two of you being together, since perhaps children within your union may not be a factor.

People can meet, get to know each other, form a relationship without meeting in person. You just have to meet in person once within 2 years to qualify for the K1 visa.

I would not come here and marry and then go for a K3. If you come here for the first time on a tourist visa, get married, then apply it just looks bad because they can say you came in with the intention to marry and consider that Visa fraud.

I would come here and visit her and see how you get along and document everything. Where you stay, credit card bills, photos, money exchange receipts. If you are planning on marriage the K1 route is best and you can both work on the package together and get it set up and sent out while you are here.

Then you return to India and you will be in the same spot the rest of us are in. Waiting for them to get the I129F package and process everything.

[pushbrk 12,894]

That situation does raise red flags. 20 years is a large gap. Does she or you have children? I would guess that it would be important to figure out if the marriage is just for the two of you being together, since perhaps children within your union may not be a factor.

People can meet, get to know each other, form a relationship without meeting in person. You just have to meet in person once within 2 years to qualify for the K1 visa.

I would not come here and marry and then go for a K3. If you come here for the first time on a tourist visa, get married, then apply it just looks bad because they can say you came in with the intention to marry and consider that Visa fraud.

I would come here and visit her and see how you get along and document everything. Where you stay, credit card bills, photos, money exchange receipts. If you are planning on marriage the K1 route is best and you can both work on the package together and get it set up and sent out while you are here.

Then you return to India and you will be in the same spot the rest of us are in. Waiting for them to get the I129F package and process everything.

That's all good advice except the "visa fraud" comment. If he returns to India before his granted stay is over, it isn't visa fraud. K1 would probably be faster all around though.

I don't think there is any reason to wait to file. You could even do it while you're still here. The best proof of bona fides is visits. Yes, you need all the other communication logs and examples and pictures taken in different places with different people (preferably family members) and on different days. It is very rare for a sham marriage to have multiple visits abroad between the parties unless the visiting party already had the history of multiple trips to the other's country.

If you can swing the first visit to the US and then she visits you in India in the middle of the process and again at interview time, that would be pretty convincing as to bona fides, provided there is also good evidence you spent the time together.

[amlan70 0]

That situation does raise red flags. 20 years is a large gap. Does she or you have children? I would guess that it would be important to figure out if the marriage is just for the two of you being together, since perhaps children within your union may not be a factor.

1) She has a daughter from her last marriage.But she is quite elderly and married even.We met in a marriage site entirely with the intention of dating and commensurate the dating into marriage.So we wd take all pics , show all our chat details , cam recordings , I wd visit her take pics with her and her family, wd also show our first emails at the marriage site. Apart from these can there be any specific convincing factor I can include ??

2) I dont really remember the name of the form but there is a document in which both of us have to state our intention to marry , our history of love etc. How imp is this ?? How much do they value our statements ??

3) So its suggested that after i visit her and come back from USA ........... she can file the K1 there .Then I can wait here for the process to continue and in meantime she can come for a visit to India for few days ...... and we accumulate all pics and documents and show visa officers all those as my turn comes here . Right ?? WD that be more convincing ?? Is that all I can do ??

Pls let me know .....................

Care

Amlan

[Dakine 26]

Go to the US and make sure the shoe fits in all ways for you and her and then decide what to do.

Some cyber relationships don't work out after metting in person.

If it does work out a K1 would probably be the most successful and fastest!

Hope you aren't a handsome goodlooking guy and she's a not so beautiful middle aged woman.

Red flags will fly if so.

Sorry! I just tell it the way I see it!

[The_dip_sticks 0]

I think you should try to at least meet in person to even see if things will work out. ONLINE is one thing but the real deal is a whole other ball game.

[amlan70 0]

Of course I wd go and see if things work out good .....based on that only gonna take steps.BUt certainly I have to know consequences ............ before going on a tourist visa too............ Can someone reply me on these .......... ????

U can see the intercations above to understand the rest.

1) Ya I am 30 and she is 52. She has a daughter from her last marriage.But she is quite elderly and married even.We met in a marriage site entirely with the intention of dating and commensurate the dating into marriage.So we wd take all pics , show all our chat details , cam recordings , I wd visit her take pics with her and her family, wd also show our first emails at the marriage site. Apart from these can there be any specific convincing factor I can include ??

2) I dont really remember the name of the form but there is a document in which both of us have to state our intention to marry , our history of love etc. How imp is this ?? How much do they value our statements ??

3) So its suggested that after i visit her and come back from USA ........... she can file the K1 there .Then I can wait here for the process to continue and in meantime she can come for a visit to India for few days ...... and we accumulate all pics and documents and show visa officers all those as my turn comes here . Right ?? WD that be more convincing ?? Is that all I can do ??

Pls let me know .....................

[maya62 7]

I replied in detail to the OP on a thread in the Asia South forum, but I thought I'd post here, too, since this post is more likely to be read by him and others. A few thoughts:

Multiple visits to the non-USC's country by the USC show intent (and investment of resources) on the part of the USC. I would think it would do very little to allay suspicions a CO might have about the intent of the non-USC fiance(e).

An attempt by the non-USC fiance(e) to obtain a tourist visa, on the other hand, indicates effort/investment by the non-USC partner, whether it is granted or not.

To the OP: please also see my longer post in the Asia South forum.

And in answer to the question about how important are the Statements of Intent to marry... that is a sweet question, imho. Those statements are required, but I'm afraid they are not given a lot of weight... even sham marriages are marriages, so the statement isn't a lie, even for those who are otherwise dishonest about this whole process.

In this process, written words are important, but actions speak louder than words. As we say at work... document, document, document.

Best wishes!

Maya

[chri'stina 190]

I also answered in the South Asia forum but thought I would add the thoughts here too about the difficulty of obtaining a tourist visa in India, especially for a younger single person. So you have to plan that she may have to visit India instead as many of us has to do who fell in love with people from South Asia, because they were denied tourist visas. More details and advice were written in the South Asia forum for you to read.