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applying for a fiance visa soon, looking for a good checklist; tourist visa tips also

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applying for a fiance visa soon, looking for a good checklist; tourist visa tips also

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Old Dec 25th 2006, 11:34 pm
  #1  
Damon G.
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Default applying for a fiance visa soon, looking for a good checklist; tourist visa tips also

I have together the preliminary packets for submission for my fiance's
tourist visa and fiance' visa currently. I understand the requirements
for these visas, for the most part. The tourist visa is for her
submission in Munich, Germany, so that she and my son (an American
citizen w/passport) can come to visit and bring my son to meet his
grand parents. My first question (2nd in the subject, thanks to my
sleep-fogged mind), is how to go about making sure that the interviewer
knows that she is planning to return from this visit. She already has
a letter of invitation from myself as well as my parents stating that
she is coming here to visit, to let my son meet his grandparents, and
that she is to stay for a duration of 2-4 weeks. The length that she
is able to stay depends on how long her ex-husband can take care of her
other two daughters while they have time out of school.

Unfortunately she is living off of child support from her ex-husband
and myself while she is there. The only documents that we have for her
to bring to her tourist visa interview to prove that she will be
returning to Germany are documents proving that her daughters stay with
her, and that they are going to school where she is at. Then there is
the lease for her apartment; she does not have a job to bring proof of,
as she is on German Jugendamt monies for her daughters. Is this going
to be sufficient, along with the letters of invitation saying that she
is only going to be here for awhile, and that after this she will be
returning to Germany for the submission and processing for her fiance'
and permanent immigration packet?

My second and final question is about this fiance' and permanent
immigration packet. I know that I have all of the documentation
required on the US government websites for the submission of this. I
also know that when I spoke to a lawyer regarding this issue, he wanted
proof of my income, affadavits of financial support if my income was
below a certain level, and police reports from all countries that she
had been in recently. I believe there were also some documents
requested such as my high school/college transcripts and DD-214
military paperwork in order to establish my residence in certain
countries for periods of time. Could somebody give me a general
checklist of other documents that it would be helpful to include in
this packet, just to try to streamline the process a bit so that they
don't have to prompt me for submission of more things after I've sent
in what I have now? I want to try to give them everything that they're
going to need up front. I'm working with a JAG attorney on this issue,
but he has not had experience in matters of immigration, so I'm a
little bit concerned that he won't know what to put in with this stuff,
either.

Also, just to make sure that you all understand, I know that it's
illegal for her to come here on the tourist visa and marry me or
attempt to immigrate permanently at that point. She is not planning on
that, nor am I. She is not physically able to as both of her daughters
still live with her in Germany. So no, I'm not planning on doing that,
and I'm not planning on submitting both visa packets concurrently. I
know that this is not a viable option. The fiance' visa paperwork will
not be submitted until the tourist visa has been used for her visit
here or until it is denied (which I hope does not happen).

Thanks for your time and help!

-Damon
 
Old Dec 26th 2006, 1:04 am
  #2  
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Default Re: applying for a fiance visa soon, looking for a good checklist; tourist visa tips also

Originally Posted by Damon G.
I have together the preliminary packets for submission for my fiance's tourist visa and fiance' visa currently. I understand the requirements
for these visas, for the most part. The tourist visa is for her
submission in Munich, Germany, so that she and my son (an American
citizen w/passport) can come to visit and bring my son to meet his
grand parents. My first question (2nd in the subject, thanks to my
sleep-fogged mind), is how to go about making sure that the interviewer
knows that she is planning to return from this visit. She already has
a letter of invitation from myself as well as my parents stating that
she is coming here to visit, to let my son meet his grandparents, and
that she is to stay for a duration of 2-4 weeks. The length that she
is able to stay depends on how long her ex-husband can take care of her
other two daughters while they have time out of school.
Be prepared that she is NOT going to get a B-2 tourist visa. The simple fact that she has a US Citizen fiancee who is the father of her illegitmate son and that her son is a US Citizen will make the adjudicator of the tourist visa highly suspicious of her intent to return to Germany. I'm assuming she is not a German Citizen but perhaps Turkish or another nationality that requires a visa to enter the US.

Unfortunately she is living off of child support from her ex-husband
and myself while she is there. The only documents that we have for her
to bring to her tourist visa interview to prove that she will be
returning to Germany are documents proving that her daughters stay with
her, and that they are going to school where she is at. Then there is
the lease for her apartment; she does not have a job to bring proof of,
as she is on German Jugendamt monies for her daughters. Is this going
to be sufficient, along with the letters of invitation saying that she
is only going to be here for awhile, and that after this she will be
returning to Germany for the submission and processing for her fiance'
and permanent immigration packet?
Not good at all. She has been married before and she has children from that husband. The fact that he is involved in their lives by paying child support is going to make it tougher for her to obtain a Fiancee Visa. That is unless she is planning on leaving the girls in Germany with their father and/or another relative. In order for her daughters to emigrate with her as K-2 recipients they will require a legal letter from their father or court order designating that they can leave Germany to reside with their mother in another country.

BTW if she is going the fiancee visa, she will NOT be submitting anything for a permanent immigration packet. The fiancee visa only allows her to enter the US for the express purpose of marrying you within 90 days of entry and the right to remain in the US while she then files for residency to live and work in the US. There is absolutely nothing permanent about the fiancee visa so please bone up on your visas.

My second and final question is about this fiance' and permanent
immigration packet. I know that I have all of the documentation
required on the US government websites for the submission of this. I
also know that when I spoke to a lawyer regarding this issue, he wanted
proof of my income, affadavits of financial support if my income was
below a certain level, and police reports from all countries that she
had been in recently.
Not recently, but since the age of 16.

I believe there were also some documents
requested such as my high school/college transcripts and DD-214
military paperwork in order to establish my residence in certain
countries for periods of time. Could somebody give me a general
checklist of other documents that it would be helpful to include in
this packet, just to try to streamline the process a bit so that they
don't have to prompt me for submission of more things after I've sent
in what I have now?
Since the attorney didn't give it to you, you should go to the US Consulate website for Frankfurt and d/l the list under fiancee visa. Again, she is NOT going for permanent residency.

I want to try to give them everything that they're
going to need up front. I'm working with a JAG attorney on this issue,
but he has not had experience in matters of immigration, so I'm a
little bit concerned that he won't know what to put in with this stuff,
either.
There is very little for you to give them. Proof of citizenship, proof of having been together during the last two years. The Affidavit of Support goes to her for her end of the process. You are not involved in that in any way, shape or form. It is strictly her responsibility.


Also, just to make sure that you all understand, I know that it's
illegal for her to come here on the tourist visa and marry me
Nothing illegal about the above.

or
attempt to immigrate permanently at that point.
Also not illegal. However, if the intent at the POE is that she is entering to marry and remain,there is the chance that her adjustment will be denied because of fraudulent intent.

She is not planning on
that, nor am I. She is not physically able to as both of her daughters
still live with her in Germany. So no, I'm not planning on doing that,
and I'm not planning on submitting both visa packets concurrently. I
know that this is not a viable option. The fiance' visa paperwork will
not be submitted until the tourist visa has been used for her visit
here or until it is denied (which I hope does not happen).

Thanks for your time and help!

-Damon
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