Bringing someone over

[Peil 1]

Ok...Me and my fiancee are in the final stages of our K-1 Visa. (interview is in 9 days) If something goes wrong, like income is not sufficient, (Last years tax returns were like 300 dollars OVER the 125% of 2007 poverty guidelines so its close) is there anyway i can just bring her to mexico, marry her there and bring her over the border? If you have a marriage certificate would they let her cross over then she can be with me while we re-file for a K-3?

[YuAndDan 153]

What you are proposing is illegal, and can get your SO bared from the country, and deported, and no chance of getting the green card. A person in the country without paper can not adjust status.

If you feel your income is low, get a co-sponsor. Get her here legally, and then worry about the affidavit of support needed to adjust status.

[Peil 1]

Ok...Me and my fiancee are in the final stages of our K-1 Visa. (interview is in 9 days) If something goes wrong, like income is not sufficient, (Last years tax returns were like 300 dollars OVER the 125% of 2007 poverty guidelines so its close) is there anyway i can just bring her to mexico, marry her there and bring her over the border? If you have a marriage certificate would they let her cross over then she can be with me while we re-file for a K-3?

No...illegal would be straight out smuggling her over. We are getting married anyway, so im just wondering if border patrol would let us come over. Worse comes to worse, i would smuggle her over. No government is going to tell me who I can be with. I'll try to go the legal way first, but when push comes to shove....I'll do what i have to do.

[Boiler 45,536]

20,000,000 people can not all be wrong.

But if you are considering the legal route first, why not just fly in direct? Why take the Mexican side trip.

Would she need a visa to enter Mexico?

[SoL. 0]

Ok...Me and my fiancee are in the final stages of our K-1 Visa. (interview is in 9 days) If something goes wrong, like income is not sufficient, (Last years tax returns were like 300 dollars OVER the 125% of 2007 poverty guidelines so its close) is there anyway i can just bring her to mexico, marry her there and bring her over the border? If you have a marriage certificate would they let her cross over then she can be with me while we re-file for a K-3?

No...illegal would be straight out smuggling her over. We are getting married anyway, so im just wondering if border patrol would let us come over. Worse comes to worse, i would smuggle her over. No government is going to tell me who I can be with. I'll try to go the legal way first, but when push comes to shove....I'll do what i have to do.

Please think about your future wife's future and bring her legally. I can understand your desire to be with her soon but I don't think she deserves to be brought ilegally here.

You said you'll do what to have to do? What about what's best for her too?

[Lace 0]

I know how you feel. Because of the actions of a few the rest of us legitimate people have to go through more enduring procedures. I am going the K1 route and will be present with my fiancee for her interview. At times it does get frustrating. If it fails I will pack my bags and move over there for a few years and marry her. Than go the K3 route. Either way, I'll work within the system. And yes, bad things does happen to good people. Wounder why? I'm sure you and the rest of us know that reason.

[Peil 1]

20,000,000 people can not all be wrong.

But if you are considering the legal route first, why not just fly in direct? Why take the Mexican side trip.

Would she need a visa to enter Mexico?

The visa for mexico is really easy to get and they issue when you get in. If i flew her in direct it would be a little hard to sneak her past the customs agents at the airport unless i did something really stupid like start setting off m-80 firecrackers to distract them LOL. Its very easy...or at least it was 2 years ago to smuggle people in to the US. I know where to get the fake green cards, but i really do want to do it the legal way. Anyway...only 8 more days until her interview now...Even though my tax return was only 25,300 last year minus the 3k in cap loss deductions, Im actually making alot more money than that....about double now. I sent like 6 months worth of paystubs for her to take to the interview too so the interviewer could see, so i hope that helps. This last 8 days is the worst of the wait. So many what if's now.

[YuAndDan 153]

I know how you feel. Because of the actions of a few the rest of us legitimate people have to go through more enduring procedures. I am going the K1 route and will be present with my fiancee for her interview. At times it does get frustrating. If it fails I will pack my bags and move over there for a few years and marry her. Than go the K3 route. Either way, I'll work within the system. And yes, bad things does happen to good people. Wounder why? I'm sure you and the rest of us know that reason.

Flashfish, If it fails and results in a blue-slip requesting more evidence like a better affidavit of support, then provide it, if the failure results in a case revocation and the case gets sent back to the USA, what you propose wont fly, the revoked case needs to be dealt with before they will issue a visa in a K-3 case.

The denial has a mark of misrepresentation on it.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[YuAndDan 153]

20,000,000 people can not all be wrong.

But if you are considering the legal route first, why not just fly in direct? Why take the Mexican side trip.

Would she need a visa to enter Mexico?

The visa for mexico is really easy to get and they issue when you get in. If i flew her in direct it would be a little hard to sneak her past the customs agents at the airport unless i did something really stupid like start setting off m-80 firecrackers to distract them LOL. Its very easy...or at least it was 2 years ago to smuggle people in to the US. I know where to get the fake green cards, but i really do want to do it the legal way. Anyway...only 8 more days until her interview now...Even though my tax return was only 25,300 last year minus the 3k in cap loss deductions, Im actually making alot more money than that....about double now. I sent like 6 months worth of paystubs for her to take to the interview too so the interviewer could see, so i hope that helps. This last 8 days is the worst of the wait. So many what if's now.

Your affidavit of support should show gross income before deductions, the amount that your employer states that your salary is, not the after tax figures.

[pushbrk 12,898]

20,000,000 people can not all be wrong.

But if you are considering the legal route first, why not just fly in direct? Why take the Mexican side trip.

Would she need a visa to enter Mexico?

The visa for mexico is really easy to get and they issue when you get in. If i flew her in direct it would be a little hard to sneak her past the customs agents at the airport unless i did something really stupid like start setting off m-80 firecrackers to distract them LOL. Its very easy...or at least it was 2 years ago to smuggle people in to the US. I know where to get the fake green cards, but i really do want to do it the legal way. Anyway...only 8 more days until her interview now...Even though my tax return was only 25,300 last year minus the 3k in cap loss deductions, Im actually making alot more money than that....about double now. I sent like 6 months worth of paystubs for her to take to the interview too so the interviewer could see, so i hope that helps. This last 8 days is the worst of the wait. So many what if's now.

Your affidavit of support should show gross income before deductions, the amount that your employer states that your salary is, not the after tax figures.

The I-134 asks for current income using the words in present tense, "I derive an annual income of". Why not annualize your current salary and provide pay stubs as backup? (Salaried people can do this.) You can express her a new I-134 to show your current income.

No Government is telling you who you can be with but it is certainly proper for the US Government to establish and enforce immigration laws.

Edited March 21, 2007 by pushbrk

[Lace 0]

YuAndDan, thanks for the link. I see this is frustrating.

Good thing I have all the evidence I need plus more. My fiancee will need a freaking pickup truck to bring all the evidence in but I don't think they allow heavy machinery into the consults. My case is pretty solid.

[YuAndDan 153]

YuAndDan, thanks for the link. I see this is frustrating.

Good thing I have all the evidence I need plus more. My fiancee will need a freaking pickup truck to bring all the evidence in but I don't think they allow heavy machinery into the consults. My case is pretty solid.

Yes that is what we did, she needed to use my carry on bag to carry the paperwork into the interview, they took it easy on her and asked only 2 questions and looked at the I-134. It never hurts to be very prepared.

[Mononoke28 135]

Border patrol won't let your wife get in the US just because you have a marriage certificate. She would then have to fly back home and you'd have to start all over again and file a K-3 or CR-1/IR-1.

Wait to see how the interview goes first and then make a decision. She might get her K-1 visa approved!

[Yodrak 7]

Peil,

A K3 visa is the same as a K1 visa, except for a spouse rather than a fiance(e). If she doesn't qualify for a K1 visa on public charge grounds then she won't qualify for a K3 visa for the same reason.

And either way she stays where she is, except for the possibility of visiting, until she gets the visa.

Yodrak

..... If you have a marriage certificate would they let her cross over then she can be with me while we re-file for a K-3?

Edited March 21, 2007 by Yodrak