adjustment

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Old Sep 23rd 2001, 8:07 pm
  #1  
Stephen
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Posts: n/a
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I and my fiance, who is from the Ukraine, have been discussing how we want to proceed
as to getting married. She tells me that she can go through an agency somewhere and
get a business visa and all the documents she needs to come here so that we can then
get married.

Everything that she gets comes from the U.S. Embassy so there is nothing underhandes
or sneaky about it. It is all above board and legal. She knows several girls from
there that have done this and have had no problems whatsoever. It costs around $1500
to do it and she can have her visa in about 2 months or so. This is a lot less
expense and trouble than the fiance visa.

Has anyone heard about anything similar to this and if we decide to do it, what is
the process of getting the adjustment of status. Do I deal with the service center or
the district office for my area which is Alabama.

About how long does the adjustment of status take, what can I expect to go through,
documents to have and such? Anyone with any info that can help would be greatly
appreciated.

Stephen
 
Old Sep 23rd 2001, 8:56 pm
  #2  
Alvena Ferreira
Guest
 
Posts: n/a
Default

Stephen wrote:
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I am going to play the devils advocate in my response, so get ready ; )
:

Be very careful. Handing over $1500 to her could be the last time you hear from her,
really and truly. Bear in mind, she could live very comfortably for a *very* long
time in the Ukraine on this much money. Have you met this lady? How well do you know
her? Have you visted her in her home country? Examine your situation very closely. I
suggest going to the Doc Steen site and reading the "really love" link before you go
any further, if you have any doubts whatsoever about this relationship and its
meaning to the both of you (URL for Doc Steen site below)

Further, if even if she did get this visa , if INS EVER got wind that this visa was
obtained for a fraudulent purpose, she is screwed from an immigration standpoint
forever. It is outright visa fraud and totally against the law. If your part in this
comes to light, you could be liable for a heavy fine and serious jail time,
additionally. Have you considered that?

If you love her and she *really* loves you, is she not willing to wait a few months?
If she is not wiling to wait, then I have to question the sincerity of her
motivatiions, frankly.

Some links to the law : http://www.ins.usdoj.gov/cgi-bin/fol...awbooks.nfo/q-
uery=visa+fraud/doc/{@1721}/words=4? http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/l-
awbooks.nfo/query=[jump!3A!27act291!27]/doc/{@6544}? http://www.ins.usdoj.gov/cgi-bi-
n/folioisa.dll/lawbooks.nfo/query=250!2C000/doc/{@6089}/words=4?

Do take some thought for your actions, you could live to regret them for a lifetime.

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/ Doc
Steen's Marriage Visa Information Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
 
Old Sep 24th 2001, 1:16 am
  #3  
Stephen
Guest
 
Posts: n/a
Default

Alvena Ferreira <[email protected]>
    >
[usenetquote2]> > Everything that she gets comes from the U.S. Embassy so there is nothing[/usenetquote2]
[usenetquote2]> > underhandes or sneaky about it. It is all above board and legal. She knows[/usenetquote2]
[usenetquote2]> > several girls from there that have done this and have had no problems whatsoever.[/usenetquote2]
[usenetquote2]> > It costs around $1500 to do it and she can have her visa in about 2 months or so.[/usenetquote2]
[usenetquote2]> > This is a lot less expense and trouble than the fiance visa.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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I understand your point here and I have thought about that. This idea came up when
she recently lost her father in an automobile accident. She is now moving in with her
mother and her husband who live in a small village just outside of Sevastopol with
his parents.

She has had to leave her university studies because her mother doesn't have the
ability to pay for this. I sent her $300 when all this happened to help cover
the costs of the funeral so I don't worry about the possibility of her taking me
for a ride.

She just wants to get here as soon as is possible because she really has no reason to
stay there any longer. I want this as well. She has asked about getting married there
and has been told that I would have to stay there for 7 weeks before we could do it.
That, as you can imagine, is not workable for me. I have asked about that here and
was told it could be done in a week or 2 weeks time. Is that true or not?

I have heard that there might be other places where foreigners can go and get married
in Europe and not have to wait for more than a few days. I have not, however, been
able to find anything out about this. If anyone has any information along this line
it would be greatly appreciated. Six months of dealing with the INS idiots is not
something I really care to do unless I just absolutely have to.

What it really boils down to is we need a way to be able to bypass them and be able
to do a direct file with the U.S. Consulate in Warsaw. If anyone has any ideas that
will help I would be eternally grateful.

Stephen
 
Old Sep 24th 2001, 4:57 am
  #4  
Shelley
Guest
 
Posts: n/a
Default

First - you really need to listen to Alvena's advice. And one of the requirements of
the fiancé visa is that you have met in person (you didn't mention if you had).
Second - If you are worried about the 6 months dealing with the INS to get a fiancé
visa, what about the next few years after she gets here and you are going through the
Adjustment of Status? Third - a business visa? She may mean an employment visa, but
most of these require you to have a college degree and a year work experience, or a
specialized skill, and an employer to sponsor you. If she obtains an employment visa,
comes to the US and gets married, when you go to adjust status, she could be denied
and deported and you could be fined and/or jailed. Six months is not forever - it
just seems that way Take Care. Shelley

"Stephen" <[email protected]>
[usenetquote2]> > Stephen wrote:[/usenetquote2]
[usenetquote2]> > > Everything that she gets comes from the U.S. Embassy so there is nothing[/usenetquote2]
[usenetquote2]> > > underhandes or sneaky about it. It is all above board and legal. She knows[/usenetquote2]
[usenetquote2]> > > several girls from there that have done this and have had no problems[/usenetquote2]
[usenetquote2]> > > whatsoever. It costs around $1500 to do it and she can have her visa in about 2[/usenetquote2]
[usenetquote2]> > > months or so. This is a lot less expense and trouble than the fiance visa.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > I am going to play the devils advocate in my response, so get ready ; )[/usenetquote2]
[usenetquote2]> > :[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Be very careful. Handing over $1500 to her could be the last time you hear from[/usenetquote2]
[usenetquote2]> > her, really and truly. Bear in mind, she could live very comfortably for a *very*[/usenetquote2]
[usenetquote2]> > long time in the Ukraine on this much money. Have you met this lady? How well do[/usenetquote2]
[usenetquote2]> > you know her? Have you visted her in her home country? Examine your situation[/usenetquote2]
[usenetquote2]> > very closely. I suggest going to the Doc Steen site and reading the "really love"[/usenetquote2]
[usenetquote2]> > link before you go any further, if you have any doubts whatsoever about this[/usenetquote2]
[usenetquote2]> > relationship and its meaning to the both of you (URL for Doc Steen site[/usenetquote2]
below)
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Further, if even if she did get this visa , if INS EVER got wind that this visa[/usenetquote2]
[usenetquote2]> > was obtained for a fraudulent purpose, she is screwed from an immigration[/usenetquote2]
[usenetquote2]> > standpoint forever. It is outright visa fraud and totally against the law. If[/usenetquote2]
[usenetquote2]> > your part in this comes to light, you could be liable for a heavy fine and[/usenetquote2]
[usenetquote2]> > serious jail time, additionally. Have you considered that?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > If you love her and she *really* loves you, is she not willing to wait a few[/usenetquote2]
[usenetquote2]> > months? If she is not wiling to wait, then I have to question the sincerity of[/usenetquote2]
[usenetquote2]> > her motivatiions, frankly.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Some links to the law :[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
http://www.ins.usdoj.gov/cgi-bin/fol...ry=visa+fraud/
doc/{@1721}/words=4?
[usenetquote2]> >[/usenetquote2]
http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=[jump!3A!27
act291!27]/doc/{@6544}?
[usenetquote2]> >[/usenetquote2]
http://www.ins.usdoj.gov/cgi-bin/fol...ry=250!2C000/d
oc/{@6089}/words=4?
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Do take some thought for your actions, you could live to regret them for a[/usenetquote2]
[usenetquote2]> > lifetime.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Alvena[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]
[usenetquote2]> > I am not a lawyer and this is not legal advice; this is my personal opinion,[/usenetquote2]
[usenetquote2]> > posted for the purpose of discussion only.[/usenetquote2]
[usenetquote2]> > ---[/usenetquote2]
[usenetquote2]> > K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/[/usenetquote2]
[usenetquote2]> > Doc Steen's Marriage Visa Information Pages:[/usenetquote2]
[usenetquote2]> > http://www.mindspring.com/~docsteen/visainfo/visainfo.htm[/usenetquote2]
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Old Sep 24th 2001, 10:43 am
  #5  
Stephen
Guest
 
Posts: n/a
Default

I get the point but you people still have not answered my questions. She will wait if
I decide that is what we have to do. All I know is that this is done on a regular
basis and those that do it have no problems once they are here and marrried. If her
father was still alive it would not be an issue but now she has nothing to keep her
there any longer and it creates a hardship for her mother to have to take her in.

I will ask one more time. I know somebody knows the answer so just give me the answer
to my question without the lecture. I get the impression sometimes that you people
really don't pay full attention to what people say here and just blast in and hand
out your wonderful "advice". Also I am fully aware of the requirements of the fiance
visa. Ok enough of that. Now will somebdy tell my definitely not maybe or if or
perhaps. Is it possible to get married over there in a period of about one to two
weeks. What about other countries. I have heard that you can go to Finland and just
wait a few days before getting married. I now somebody knows or knows where to look
it up so please tell me or point me in the right direction to find out.

I may bring her here and get married and then send her back home and then file the
petiton with the U.S. Consulate in Warsaw. That I know I can do.

"Shelley" <[email protected]>
[usenetquote2]> > > Stephen wrote:[/usenetquote2]
[usenetquote2]> > > > Everything that she gets comes from the U.S. Embassy so there is nothing[/usenetquote2]
[usenetquote2]> > > > underhandes or sneaky about it. It is all above board and legal. She knows[/usenetquote2]
[usenetquote2]> > > > several girls from there that have done this and have had no problems[/usenetquote2]
[usenetquote2]> > > > whatsoever. It costs around $1500 to do it and she can have her visa in about[/usenetquote2]
[usenetquote2]> > > > 2 months or so. This is a lot less expense and trouble than the fiance visa.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
    >
[usenetquote2]> > > :[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Be very careful. Handing over $1500 to her could be the last time you hear from[/usenetquote2]
[usenetquote2]> > > her, really and truly. Bear in mind, she could live very comfortably for a[/usenetquote2]
[usenetquote2]> > > *very* long time in the Ukraine on this much money. Have you met this lady? How[/usenetquote2]
[usenetquote2]> > > well do you know her? Have you visted her in her home country? Examine your[/usenetquote2]
[usenetquote2]> > > situation very closely. I suggest going to the Doc Steen site and reading the[/usenetquote2]
[usenetquote2]> > > "really love" link before you go any further, if you have any doubts whatsoever[/usenetquote2]
[usenetquote2]> > > about this relationship and its meaning to the both of you (URL for Doc Steen[/usenetquote2]
[usenetquote2]> > > site[/usenetquote2]
    >
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Further, if even if she did get this visa , if INS EVER got wind that this visa[/usenetquote2]
[usenetquote2]> > > was obtained for a fraudulent purpose, she is screwed from an immigration[/usenetquote2]
[usenetquote2]> > > standpoint forever. It is outright visa fraud and totally against the law. If[/usenetquote2]
[usenetquote2]> > > your part in this comes to light, you could be liable for a heavy fine and[/usenetquote2]
[usenetquote2]> > > serious jail time, additionally. Have you considered that?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > If you love her and she *really* loves you, is she not willing to wait a few[/usenetquote2]
[usenetquote2]> > > months? If she is not wiling to wait, then I have to question the sincerity of[/usenetquote2]
[usenetquote2]> > > her motivatiions, frankly.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Some links to the law :[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
    >
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[usenetquote2]> > >[/usenetquote2]
    >
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[usenetquote2]> > >[/usenetquote2]
    >
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[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Do take some thought for your actions, you could live to regret them for a[/usenetquote2]
[usenetquote2]> > > lifetime.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > Alvena[/usenetquote2]
[usenetquote2]> > > --[/usenetquote2]
[usenetquote2]> > > I am not a lawyer and this is not legal advice; this is my personal opinion,[/usenetquote2]
[usenetquote2]> > > posted for the purpose of discussion only.[/usenetquote2]
[usenetquote2]> > > ---[/usenetquote2]
[usenetquote2]> > > K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/[/usenetquote2]
[usenetquote2]> > > Doc Steen's Marriage Visa Information Pages:[/usenetquote2]
[usenetquote2]> > > http://www.mindspring.com/~docsteen/visainfo/visainfo.htm[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I understand your point here and I have thought about that. This idea came up[/usenetquote2]
[usenetquote2]> > when she recently lost her father in an automobile accident. She is now moving in[/usenetquote2]
[usenetquote2]> > with her mother and her husband who live in a small village just outside of[/usenetquote2]
[usenetquote2]> > Sevastopol with his parents.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > She has had to leave her university studies because her mother doesn't have the[/usenetquote2]
[usenetquote2]> > ability to pay for this. I sent her $300 when all this happened to help cover the[/usenetquote2]
[usenetquote2]> > costs of the funeral so I don't worry about the possibility of her taking me for[/usenetquote2]
[usenetquote2]> > a ride.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > She just wants to get here as soon as is possible because she really has no[/usenetquote2]
[usenetquote2]> > reason to stay there any longer. I want this as well. She has asked about getting[/usenetquote2]
[usenetquote2]> > married there and has been told that I would have to stay there for 7 weeks[/usenetquote2]
[usenetquote2]> > before we could do it. That, as you can imagine, is not workable for me. I have[/usenetquote2]
[usenetquote2]> > asked about that here and was told it could be done in a week or 2 weeks time. Is[/usenetquote2]
[usenetquote2]> > that true or not?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I have heard that there might be other places where foreigners can go and get[/usenetquote2]
[usenetquote2]> > married in Europe and not have to wait for more than a few days. I have not,[/usenetquote2]
[usenetquote2]> > however, been able to find anything out about this. If anyone has any information[/usenetquote2]
[usenetquote2]> > along this line it would be greatly appreciated. Six months of dealing with the[/usenetquote2]
[usenetquote2]> > INS idiots is not something I really care to do unless I just absolutely have to.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > What it really boils down to is we need a way to be able to bypass them and be[/usenetquote2]
[usenetquote2]> > able to do a direct file with the U.S. Consulate in Warsaw. If anyone has any[/usenetquote2]
[usenetquote2]> > ideas that will help I would be eternally grateful.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Stephen[/usenetquote2]
 
Old Sep 24th 2001, 11:11 am
  #6  
Alvena Ferreira
Guest
 
Posts: n/a
Default

Stephen wrote:
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I would confirm that by talking to some people who did this successfully before I
went any further. You might want to cruise over to the planetlove russian
messageboard, they have some very knowledgeable people there and there may be some
who have been in your situation and who could give you personal experience and
advice: http://www.planet-love.com/wwwboard/

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One thing I have heard is that if the fiance is pregnant, ZAGS wiill waive the
32-day waiting period for a marriage license, however I don't know how true that is.
Generally, in that part of the world, I am informed that It appears to be a custom
to give a few gifts here and there to get desired results. . Here is where you can
find out about marriage in Finland, there is a phone number where you can call to
get more info: http://www.usembassy.fi/servlet/Page...l/cons007.html
It is even *possible* that you could file directly for her visa at Finland after
marriage, however generally you would file at Warsaw or at Kiev (who transfers
everything to Warsaw)

Alvena
--
I am not a lawyer and this is not legal advice; this is my personal opinion, posted
for the purpose of discussion only.
---
K-1 FAQ: http://www.k1faq.com Jonathan's K-1 pages: http://alixtcat.50megs.com/ Doc
Steen's Marriage Visa Information Pages:
http://www.mindspring.com/~docsteen/...o/visainfo.htm
 
Old Sep 24th 2001, 3:21 pm
  #7  
Paulgani
Guest
 
Posts: n/a
Default

This "business" visa is a.k.a. "B-1" visa. Anyone can go to the U.S.
Embassy/Consulate and apply for a B-1 visa. The cost is around US $45.

The Consular Officials, in determining whether or not to issue a B-1 visa, will
consult the following text:

http://www.foia.state.gov/masterdocs/09fam/0941031N.pdf

They will attempt to ascertain that her intentions to use the B-1 and return to the
Ukraine are bona fide.

Any company charging $1500 to prepare documents to assist in applying for a B-1 visa
is, simply put, a fraud company. They will provide (fake) documents and coach the
client on what to say in order to fraudulently convince the CO's that the client is
eligible for a B-1 visa. Sometimes, they are indeed successful in fooling the COs,
and the clients obtain B-1 visas.

The problem comes around when the client, now in the U.S., files to adjust his/her
status. The INS will almost certainly inquire about how she entered the U.S. The INS
has been known to obtain all the records from the Consulate and then use them to
interrogate the client about their intentions and statements they made, and documents
they submitted, in order to obtain the B-1 visa.

Interestingly enough, should the client ultimately admit that their intention was to
actually come to the U.S. and file AOS, that by itself would not be enough for the
INS to deny his/her AOS application (thanks to a precedent INS Board of Immigration
Appeals decision) However, if, in achieving their intended goal, the client made ANY
false statements to the COs, the POE Inspectors, the INS adjucators, or submitted any
false documents to those parties, the client would then be charged with fraud, and
permanently banned from the U.S.

There is *very* little doubt in my mind that you fiance would be caught red handed
with her fake documents and false statements. Whatever the fraud company provided her
with (for example, a confirmation letter of employment, an invitation/tickets to a
trade show in the U.S.,) would never hold up. Although, it would be *technically*
possible to pull off such a deception, should you bother to educate yourself
regarding INS interrogation/investigation procedures, and be willing to procure
supporting evidence such as receipts/brochures from the trade show, a hotel stay next
to the convention center during the days of the convention, etc.... remember, it only
takes a single slip to get her permanently banned from the U.S.

Go the K-1 route or DCF I-130. Believe me, it's worth it in the long run.

Paulgani

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Old Sep 24th 2001, 4:24 pm
  #8  
Shelley
Guest
 
Posts: n/a
Default

<snip>
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First here is the marriage information from the US Embassy in Warsaw site
http://www.embassy.usinfo.pl/consular/acs/marriage.htm. You might call or e-mail the
Embassy directly to find out any other requirements (the State Department page for
USC requirements for marriage in Poland is down right now)

Second - if you can bring her to the US on a tourist visa - why would you send her
back and file the petition? If she is in the US, you can file the petition and Adjust
Status right after you get married and she can remain in the US. Also if you file the
petition at the Embassy, you would do it in person - and you would have your
interview at that time. This is Direct Consular Filing Both of these options are
explained in detail at Doc Steen's site
http://www.mindspring.com/~docsteen/...o/visainfo.htm Take Care. Shelley
 
Old Sep 24th 2001, 4:44 pm
  #9  
Shelley
Guest
 
Posts: n/a
Default

Here are marriage requirements from the Polish Consulate website
http://pan.net/konsulat/law/marriage.htm There is no mention of a 7 week wait to get
married here either.

I was thinking - are you speaking of the time to wait after you have filed the
petition with the Embassy? It is my understanding that once you have filed the
paperwork, the USC can return to the US, that the spouse can return to the Embassy
for the final interview alone and receive the visa, then come to the US. Again - this
is explained at the Doc Steen site I posted earlier. Take Care. Shelley
 
Old Sep 25th 2001, 12:12 am
  #10  
Stephen
Guest
 
Posts: n/a
Default

"Shelley" <[email protected]>

    >
[usenetquote2]> > I may bring her here and get married and then send her back home and then file[/usenetquote2]
[usenetquote2]> > the petiton with the U.S. Consulate in Warsaw. That I know I can do.[/usenetquote2]
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I'm not really sure whether they provide her with a tourist or a business visa. I
don't think she knows for sure. The $1500 covers the cost of the visa all the
documents she needs translated into english stating she is eligible to get married
and so forth. It also includes the passport and roundtrip airfare.

You ask why I would send her back. I thought if I married her and then filed for
adjustment of status it would be considered fraud. I really want to be able to do DCF
and bypass the INS for the whole thing until applying to remove the conditional
status which, as I understand it is not too terribly difficult to do. Thanks for your
input and for putting up with me.

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Old Sep 26th 2001, 5:32 am
  #11  
Shelley
Guest
 
Posts: n/a
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There is a section at the Doc Steen site that is called Tourist Adjustment -
http://www.mindspring.com/~docsteen/...o/visainfo.htm accept the disclaimer and
read that section.

From what I read at the Warsaw Embassy website, you can do the DCF, and it is the
fastest way. DCF is explained at Doc Steen's site as well. I do recommend you call
the Embassy and verify that they are still doing DCF and check with what is required
to marry - most Embassy personnel are very helpful. Take Care. Shelley
 

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