Cofused as to which visa required
Aug 22nd 2007, 12:19 am
#16
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Cofused as to which visa required
Once you have the answer to two questions, the decision on the visa becomes crystal clear. 1) In which country do you want to marry? 2) Since there will be a period of separation, would you prefer to be separated as a fiancee or as a spouse?
Ian
Ian
Aug 22nd 2007, 3:19 am
#17
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Cofused as to which visa required
[QUOTE=Charligirl;5221069 The powers that be,, I was referring to CA. as she mentioned in her
letter. As for the nine months ban, she was refused a tourist visa
because they said there is little or no evidence that she will return
home. No ties as such. She has no children and she rents. They told
her that as she had applied for a fiance visa and with the added facts
that she has no ties, the risk of her not returning to England was too
high. /QUOTE]
Ah, there you go. For some reason, she couldn't use the VWP. She applied for a B tourist visa and was denied. It's not that it's *illegal* to visit the USA while your case is processing, but of course you have to have either the VWP or tourist visa to do so. She evidently couldn't use either one. I don't know about YOUR case.
[QUOTE As for which visa is right for me.. I find the whole thing too
confusing. So many visas so many routes. Sigh.
I really just dont know what to do or where to start even! /QUOTE]
As Ian said, you first have to decide where you want to get married...UK or USA? Then, decided how you want to proceed...with a fiance visa or marriage visa? There are really only 2 routes. A K-1 fiance visa, which I gave you the links to read about, or a spouse immigrant visa (IV), which is a similar process but done after you get married.
I think you just have to talk to your partner and decide what exactly you want to do. Once you make a decision, following the right immigration path isn't all that confusing.
Best Wishes,
Rene
letter. As for the nine months ban, she was refused a tourist visa
because they said there is little or no evidence that she will return
home. No ties as such. She has no children and she rents. They told
her that as she had applied for a fiance visa and with the added facts
that she has no ties, the risk of her not returning to England was too
high. /QUOTE]
Ah, there you go. For some reason, she couldn't use the VWP. She applied for a B tourist visa and was denied. It's not that it's *illegal* to visit the USA while your case is processing, but of course you have to have either the VWP or tourist visa to do so. She evidently couldn't use either one. I don't know about YOUR case.
[QUOTE As for which visa is right for me.. I find the whole thing too
confusing. So many visas so many routes. Sigh.
I really just dont know what to do or where to start even! /QUOTE]
As Ian said, you first have to decide where you want to get married...UK or USA? Then, decided how you want to proceed...with a fiance visa or marriage visa? There are really only 2 routes. A K-1 fiance visa, which I gave you the links to read about, or a spouse immigrant visa (IV), which is a similar process but done after you get married.
I think you just have to talk to your partner and decide what exactly you want to do. Once you make a decision, following the right immigration path isn't all that confusing.
Best Wishes,
Rene
Aug 22nd 2007, 3:26 am
#18
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Cofused as to which visa required
[QUOTE=Charligirl;5221069 The powers that be,, I was referring to CA. as she mentioned in her
letter. /QUOTE]
So are you saying that the California Service Center told your friend it would be a year to process? First of all, I don't think one can even call the service centers directly. If she meant the 1-800 USCIS number, they are well-known for giving wrong information.
[QUOTE As for the nine months ban, she was refused a tourist visa
because they said there is little or no evidence that she will return
home. /QUOTE]
Just so you know, this is not a "ban". She simply was denied a tourist visa. Why do you think the same thing would happen to you? Can you not travel on the VWP? Would you also need a tourist visa? Yes, it's difficult to get a tourist visa while you have an immigration case in process...because it clearly shows you have immigrant intent. But usually people are OK coming on the the VWP while their immigration case is processing.
And, even if you can't visit the USA during this time, it's not the end of the world, really. Trust me. It is just some time apart so that you can be together forever. Several months apart isn't much compared to the many many years you are planning to have together.
If you truly are feeling lost and don't know how to begin, I suggest having a consultation with an immigration lawyer who can explain your options and help you decide which is best for you. A one-time in person consultation can help a lot. That's what I did when I first started.
Best Wishes,
Rene
letter. /QUOTE]
So are you saying that the California Service Center told your friend it would be a year to process? First of all, I don't think one can even call the service centers directly. If she meant the 1-800 USCIS number, they are well-known for giving wrong information.
[QUOTE As for the nine months ban, she was refused a tourist visa
because they said there is little or no evidence that she will return
home. /QUOTE]
Just so you know, this is not a "ban". She simply was denied a tourist visa. Why do you think the same thing would happen to you? Can you not travel on the VWP? Would you also need a tourist visa? Yes, it's difficult to get a tourist visa while you have an immigration case in process...because it clearly shows you have immigrant intent. But usually people are OK coming on the the VWP while their immigration case is processing.
And, even if you can't visit the USA during this time, it's not the end of the world, really. Trust me. It is just some time apart so that you can be together forever. Several months apart isn't much compared to the many many years you are planning to have together.
If you truly are feeling lost and don't know how to begin, I suggest having a consultation with an immigration lawyer who can explain your options and help you decide which is best for you. A one-time in person consultation can help a lot. That's what I did when I first started.
Best Wishes,
Rene
Aug 22nd 2007, 4:05 am
#19
Joined: Apr 2002
Posts: 35,082
Re: Cofused as to which visa required
[QUOTE=Charligirl;
Sorry for the delay in getting back, I contacted my friend and asked
her why it was going to take a year.. This was her responce.
Thanks for the offline, our visa is now is CA and will be dealt with
in about January 2008 according to the website. After that, it will be
sent to the immigration dept in New Hampshire and if everything is
okay it will then be sent to the American Embassy in London who will
send me an immigration pack. The whole process will take about one
year as I have to get police reports from Turkey as I lived there from
1995 to 2005. Any help you can give me will be very much appreciated.
So as you can see, she's either reading her facts wrong which is
making me panic with her!!.. or shes right and its going to take at
least a year which is why I was very wary of taking the fiance visa
route.
Please do tell me your views. thanks.
Charli. /QUOTE]
ok, the website that shows the processing dates does not reflect the date of the petitions that are *actually being approved*; it shows the date of the oldest cast they are working on or "6 months"--whichever is greater.
Most I-129f fiance petitions process in much less than 6 months.
If you do not need a police certificate from Turkey, that delay has nothing to do with you. The police certificate from the UK takes a maximum of 40 days to get.
The Fiance K-1 visa is the fastest way for you to move to the US legally.
Have you searched around anywhere onnline for the K-1 visa FAQ or a Guide or flowchart from people who are actually doing this visa now? I think it is always a good idea to get your information from a variety of sources.
Sorry for the delay in getting back, I contacted my friend and asked
her why it was going to take a year.. This was her responce.
Thanks for the offline, our visa is now is CA and will be dealt with
in about January 2008 according to the website. After that, it will be
sent to the immigration dept in New Hampshire and if everything is
okay it will then be sent to the American Embassy in London who will
send me an immigration pack. The whole process will take about one
year as I have to get police reports from Turkey as I lived there from
1995 to 2005. Any help you can give me will be very much appreciated.
So as you can see, she's either reading her facts wrong which is
making me panic with her!!.. or shes right and its going to take at
least a year which is why I was very wary of taking the fiance visa
route.
Please do tell me your views. thanks.
Charli. /QUOTE]
ok, the website that shows the processing dates does not reflect the date of the petitions that are *actually being approved*; it shows the date of the oldest cast they are working on or "6 months"--whichever is greater.
Most I-129f fiance petitions process in much less than 6 months.
If you do not need a police certificate from Turkey, that delay has nothing to do with you. The police certificate from the UK takes a maximum of 40 days to get.
The Fiance K-1 visa is the fastest way for you to move to the US legally.
Have you searched around anywhere onnline for the K-1 visa FAQ or a Guide or flowchart from people who are actually doing this visa now? I think it is always a good idea to get your information from a variety of sources.
