Craig

I want to marry a lady from China and have been reading about the H1
or Fianc� Visa. I am disabled because of a major heart attack six
months ago and don't have $20K per year income anymore. I live on
disability but she wants to marry me just the same and vice versa. Do
we have a chance? I read about immigration attorneys that specialize
in fianc� visas and claim a 100% success rate in a much shorter time
frame. I need her here as much as she needs to be here. Any opinions
or ideas?

Ray

Have you actually ever met her.

Elvira

I don't think they actually have to meet HERE - as long as they have met somewhere (in the past 2 years)...

Ray

Typo corrected

Noorah101

I answered your other thread in the marriage based forum. You're confused a bit. The fiancee visa is a K-1, not an H-1. H-1 is a work visa.

If you are talking about the K-1 fiancee visa, you can have a joint sponsor help you. It can be anyone who is a USC or PR and living in the USA, who meets the financial requirements.

However, you must have met you fiancee in person within the past two years to qualify for the K-1. Have you done this?

Rene

Chicanos Go Home

Why doesn't she just get a tourist Visa? Then when she comes just marry her.



"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
    >> I want to marry a lady from China and have been reading about the H1
    >> or Fianc� Visa. I am disabled because of a major heart attack six
    >> months ago and don't have $20K per year income anymore. I live on
    >> disability but she wants to marry me just the same and vice versa. Do
    >> we have a chance? I read about immigration attorneys that specialize
    >> in fianc� visas and claim a 100% success rate in a much shorter time
    >> frame. I need her here as much as she needs to be here. Any opinions
    >> or ideas?
    > I answered your other thread in the marriage based forum. You're
    > confused a bit. The fiancee visa is a K-1, not an H-1. H-1 is a
    > work visa.
    > If you are talking about the K-1 fiancee visa, you can have a joint
    > sponsor help you. It can be anyone who is a USC or PR and living in the
    > USA, who meets the financial requirements.
    > However, you must have met you fiancee in person within the past two
    > years to qualify for the K-1. Have you done this?
    > Rene
    > --
    > Posted via http://britishexpats.com

Noorah101

I'm not a mod on this forum, so I'm just going to correct you by saying it is illegal to come to the USA as a visitor with the intent to remain and adjust status. Yes, she can come on a tourist visa and get married. Then she will have to return to China to do her visa processing anyway. Besides which, it might be difficult for someone from China to even GET a tourist visa.

Rene

hcj1440

Required income for household of two (you + your beloved) was $16,500 last time I checked, in the contiguous 48 states.

Disability checks count as income.

An attorney can't get her the visa faster, but can help guide you and help you avoid mistakes which could result in delays. But there's no line-jumping just because you hire an attorney.

Finally, to reiterate what the others have said -- you must have met in person within the last two years before you file. You may meet in a third country if she does not have a visa for the US and you do not want to go to China. You can read the denial letters here for people who tried to claim a waiver of the meeting requirement:
http://www.uscis.gov/graphics/lawsre...3/d6/index.htm

Legal Beagle

"Noorah101" <[email protected]> wrote in message
news:[email protected] m...
    >> Why doesn't she just get a tourist Visa? Then when she comes just
    >> marry her.
    >> "Noorah101" <[email protected]> wrote in message
    >> news:[email protected] m...
    >> >> I want to marry a lady from China and have been reading about the
    >> >> H1
    >> >> or Fianc� Visa. I am disabled because of a major heart attack six
    >> >> months ago and don't have $20K per year income anymore. I live on
    >> >> disability but she wants to marry me just the same and vice versa.
    >> >> Do
    >> >> we have a chance? I read about immigration attorneys that
    >> >> specialize
    >> >> in fianc� visas and claim a 100% success rate in a much shorter
    >> >> time
    >> >> frame. I need her here as much as she needs to be here. Any
    >> >> opinions
    >> >> or ideas?
    >> > I answered your other thread in the marriage based forum. You're
    >> > confused a bit. The fiancee visa is a K-1, not an H-1. H-1 is a
    >> > work visa.
    >> > If you are talking about the K-1 fiancee visa, you can have a joint
    >> > sponsor help you. It can be anyone who is a USC or PR and living in
    >> > the
    >> > USA, who meets the financial requirements.
    >> > However, you must have met you fiancee in person within the past two
    >> > years to qualify for the K-1. Have you done this?
    >> > Rene
    >> > --
    >> > Posted via http://britishexpats.com
    > I'm not a mod on this forum, so I'm just going to correct you by saying
    > it is illegal to come to the USA as a visitor with the intent to remain
    > and adjust status.

Intent is a very difficult thing to prove. Unless this guy has been
advertising to immigration and everyone he knows there's no proof that they
just didn't meet by chance and decide to get married.


Yes, she can come on a tourist visa and get married.
    > Then she will have to return to China to do her visa processing anyway.
    > Besides which, it might be difficult for someone from China to even GET
    > a tourist visa.

Yes, that's the biggest problem in a lot of cases. Of course he can always
go to her country and marry her or even meet somewhere closer where it's
easier to get visa and marrry her there.


    > Rene
    > --
    > Posted via http://britishexpats.com

Legal Beagle

"hcj1440" <member19487@british_expats.com> wrote in message
news:[email protected] m...
    >> I want to marry a lady from China and have been reading about the H1
    >> or Fianc� Visa. I am disabled because of a major heart attack six
    >> months ago and don't have $20K per year income anymore. I live on
    >> disability but she wants to marry me just the same and vice versa. Do
    >> we have a chance? I read about immigration attorneys that specialize
    >> in fianc� visas and claim a 100% success rate in a much shorter time
    >> frame. I need her here as much as she needs to be here. Any opinions
    >> or ideas?
    > Required income for household of two (you + your beloved) was $16,500
    > last time I checked, in the contiguous 48 states.

What if he's already married? She would then be family and he could easily
bring her to the US no prrof of income.


    > Disability checks count as income.
    > An attorney can't get her the visa faster, but can help guide you and
    > help you avoid mistakes which could result in delays. But there's no
    > line-jumping just because you hire an attorney.
    > Finally, to reiterate what the others have said -- you must have met in
    > person within the last two years before you file. You may meet in a
    > third country if she does not have a visa for the US and you do not want
    > to go to China. You can read the denial letters here for people who
    > tried to claim a waiver of the meeting requirement:

That must be a new feminist regulation. I guess the US girls can't take the
competition lol



    > http://www.uscis.gov/graphics/lawsre...3/d6/index.htm
    > --
    > Posted via http://britishexpats.com

Noorah101

It doesn't matter whether it's as a fiancee or a wife. He STILL needs to prove the income. Usually I-134 for a fiancee, I-864 for a wife.

Rene

Rete

Legal Beagle? Doubt it. Your response is incorrect. Family members need to be financially sponsored for a visa and if the USC family member sponsoring them cannot meet the poverty guidelines, then a friend, relative, etc. can be the financial co-sponsor as long as they live in the US are a USC or PR and meet the guidelines.



Not a new regulation. Has been in existence since the K-1 has been around.


    > http://www.uscis.gov/graphics/lawsre...3/d6/index.htm
    > --
    > Posted via http://britishexpats.com [/QUOTE]

Legal Beagle

"Rete" <[email protected]> wrote in message
news:[email protected] m...
    >> "hcj1440" <member19487@british_expats.com> wrote in message
    >> news:[email protected] m...
    >> >> I want to marry a lady from China and have been reading about the
    >> >> H1
    >> >> or Fianc� Visa. I am disabled because of a major heart attack six
    >> >> months ago and don't have $20K per year income anymore. I live on
    >> >> disability but she wants to marry me just the same and vice versa.
    >> >> Do
    >> >> we have a chance? I read about immigration attorneys that
    >> >> specialize
    >> >> in fianc� visas and claim a 100% success rate in a much shorter
    >> >> time
    >> >> frame. I need her here as much as she needs to be here. Any
    >> >> opinions
    >> >> or ideas?
    >> > Required income for household of two (you + your beloved) was
    >> > $16,500
    >> > last time I checked, in the contiguous 48 states.
    >> What if he's already married? She would then be family and he could
    >> easily
    >> bring her to the US no prrof of income.
    >> > Disability checks count as income.
    >> > An attorney can't get her the visa faster, but can help guide you
    >> > and
    >> > help you avoid mistakes which could result in delays. But there's
    >> > no
    >> > line-jumping just because you hire an attorney.
    >> > Finally, to reiterate what the others have said -- you must have met
    >> > in
    >> > person within the last two years before you file. You may meet in a
    >> > third country if she does not have a visa for the US and you do not
    >> > want
    >> > to go to China. You can read the denial letters here for people who
    >> > tried to claim a waiver of the meeting requirement:
    >> That must be a new feminist regulation. I guess the US girls can't
    >> take the
    >> competition lol
    >> > http://www.uscis.gov/graphics/lawsre...3/d6/index.htm
    >> > --
    >> > Posted via http://britishexpats.com
    > Legal Beagle? Doubt it. Your response is incorrect. Family members
    > need to be financially sponsored for a visa and if the USC family member
    > sponsoring them cannot meet the poverty guidelines, then a friend,
    > relative, etc. can be the financial co-sponsor as long as they live in
    > the US are a USC or PR and meet the guidelines.

Not if he's already married. It wouldn't matter if he was homeless and in
fact he would have a good case against the Government on a number of
Constitutional issues if she was denied entry..And if his wife has a child
in another country that child is a Natural Born citizen of the US the same
as a person born in the US. All he has to do is go to the US Embassy, report
the birth and get a birth certificate and passport if he wants one no visa
required of course. Since the child is an American do you think the mother
can be barred from entering the US?
    > Not a new regulation. Has been in existence since the K-1 has
    > been around.
    >> http://www.uscis.gov/graphics/lawsre...3/d6/index.htm
    >> --
    >> Posted via http://britishexpats.com [/QUOTE]
    > --
    > I'm not an attorney. This disclaimer is valid in NYS!
    > Posted via http://britishexpats.com

Ray

Yes ..and they are .... You say a lot ..but know very little ....

meauxna

"QUOTE=Legal Beagle
Not if he's already married. It wouldn't matter if he was homeless and in
fact he would have a good case against the Government on a number of
Constitutional issues if she was denied entry..And if his wife has a child
in another country that child is a Natural Born citizen of the US the same
as a person born in the US. All he has to do is go to the US Embassy, report
the birth and get a birth certificate and passport if he wants one no visa
required of course. Since the child is an American do you think the mother
can be barred from entering the US? /QUOTE"

heheh, you're cute.
What sort of constitutional arguments would you make in his favor?
Homeless, no proof of income, married and knocked up (or alreay had a child with) a foreign woman outside the US, that's what you laid out, right?