Fianc� Visa (H1)
Sep 16th 2006, 10:55 am
#16
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Fianc� Visa (H1)
Originally Posted by Legal Beagle
Since the child is an American do you think the mother can be barred from entering the US?
Ian
Sep 16th 2006, 3:00 pm
#17
Guest
Posts: n/a
Re: Fiancé –isa (H1)
On Thu, 14 Sep 2006 12:15:44 +0000, Ray
<member9793@british_expats.com> wrote:
>> 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?
>Have you actually ever met here.
Not yet. I'm going over there in three months to stay as long as I can
afford. I just applied for my passport yesterday (expedited) so if I
change my mind about departure date, I won't have to wait for my
passport. So far we've maintained daily electronic communication. I
dug into the regs on the UICIS website and decided to get some
prefessional help with the filing to avoid unnecessary delays. A
correction. I meant to say that I was planning on filing a K1.
<member9793@british_expats.com> wrote:
>> 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?
>Have you actually ever met here.
Not yet. I'm going over there in three months to stay as long as I can
afford. I just applied for my passport yesterday (expedited) so if I
change my mind about departure date, I won't have to wait for my
passport. So far we've maintained daily electronic communication. I
dug into the regs on the UICIS website and decided to get some
prefessional help with the filing to avoid unnecessary delays. A
correction. I meant to say that I was planning on filing a K1.
Sep 16th 2006, 5:38 pm
#18
Guest
Posts: n/a
Re: Fianc� Visa (H1)
">> >> >> 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
> Not only is it possible, it happens all the time.
A lot of things happen all the time lol Have you ever heard of an individual
who has challenged a State law and managed to get it all the way to the US
Supreme Court and has won there with the Court ruling that the State law was
unconstitutional? Sometimes a State will still engage in conduct which was
ruled unconstitutional and it may have to be brought back to the US Supreme
Court and they will once again have to tell the State (in legal terms of
course) We ruled on this before you idiots, why are you not abiding by the
ruling?
A non-USC parent can
> not derive an immigration benefit simply by virtue of having a USC
> child. When the child is 21, s/he can petition to bring the non-USC
> parent to the US.
Wrong. A child who is a Natural Born citizen of course doesn't need a visa
to enter the US and when he arrives here a "Friend" or his father can file
the petition immediately. They may also file a Civil Action in US District
Court against he INS and US Government for monetary damages for a violation
of his (the child's) civil rights. It's a violation of the equal protection
clause of the 14th Amendment to the US Constitution.He's being denied access
to his mother and no he doesn't have to travel to go see her lol He also
has various rights under International Laws of which the US is a signatory.
And when the Civil Complaint is filed it would also demand under injuctive
relief an Order compelling the INS to issue a visa to his mother.
Once you graduate from high school,
Didn't realise they taught that in HS.
Legal Beagle
Grey's Inn
Columbia "76
take some time to
> look up the phrase "anchor baby".
Those "anchor babies" are usually the children of mothers who are in the US
illegally.
> Ian
> --
> Posted via http://britishexpats.com
>> >> >> 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
> Not only is it possible, it happens all the time.
A lot of things happen all the time lol Have you ever heard of an individual
who has challenged a State law and managed to get it all the way to the US
Supreme Court and has won there with the Court ruling that the State law was
unconstitutional? Sometimes a State will still engage in conduct which was
ruled unconstitutional and it may have to be brought back to the US Supreme
Court and they will once again have to tell the State (in legal terms of
course) We ruled on this before you idiots, why are you not abiding by the
ruling?
A non-USC parent can
> not derive an immigration benefit simply by virtue of having a USC
> child. When the child is 21, s/he can petition to bring the non-USC
> parent to the US.
Wrong. A child who is a Natural Born citizen of course doesn't need a visa
to enter the US and when he arrives here a "Friend" or his father can file
the petition immediately. They may also file a Civil Action in US District
Court against he INS and US Government for monetary damages for a violation
of his (the child's) civil rights. It's a violation of the equal protection
clause of the 14th Amendment to the US Constitution.He's being denied access
to his mother and no he doesn't have to travel to go see her lol He also
has various rights under International Laws of which the US is a signatory.
And when the Civil Complaint is filed it would also demand under injuctive
relief an Order compelling the INS to issue a visa to his mother.
Once you graduate from high school,
Didn't realise they taught that in HS.
Legal Beagle
Grey's Inn
Columbia "76
take some time to
> look up the phrase "anchor baby".
Those "anchor babies" are usually the children of mothers who are in the US
illegally.
> Ian
> --
> Posted via http://britishexpats.com
Sep 16th 2006, 7:11 pm
#19
Guest
Posts: n/a
Re: Fianc� Visa (H1)
On Thu, 14 Sep 2006 03:55:50 -0500, Craig <[email protected]> wrote:
>I want to marry a lady from China and have been reading about the K1
>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 want to marry a lady from China and have been reading about the K1
>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?
Sep 16th 2006, 7:14 pm
#20
Guest
Posts: n/a
Re: Fiancé –isa (H1)
On Thu, 14 Sep 2006 14:01:41 +0000, Elvira
<member35233@british_expats.com> wrote:
>> Have you actually ever met her.
>I don't think they actually have to meet HERE - as long as they have met
>somewhere (in the past 2 years)... ;)
That's right.
<member35233@british_expats.com> wrote:
>> Have you actually ever met her.
>I don't think they actually have to meet HERE - as long as they have met
>somewhere (in the past 2 years)... ;)
That's right.
Sep 16th 2006, 7:50 pm
#21
Guest
Posts: n/a
Re: Fiancé –isa (K1)
On Thu, 14 Sep 2006 14:06:52 +0000, Noorah101 <[email protected]>
wrote:
>> 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
I am in the process of going to China now. I stand corrected on the
K1. That was a typo on my part. We are biding our time right now as I
raise the money for the trip. I know it sounds like the cart before
the horse but if you knew the whole story you would understand. All
the rest is incidental and red tape. We have literally found each
other simultaneously (literally contacted each other at the very same
moment only thinking that we were mutually attracted. From there, it's
all history. My passport is on it's way and I'm arranging for the
trip. I don't go a day without talking to her except for weekend when
she's not at work. She doesn't have a computer at home so it's quick
notes from stolen moments. I love her heart and soul. Plus I think
she's beautiful and close to my age (mature and intelligent). Those
things seem to contradict our actions I guess. I never expected it
from myself but now I'm happier than I've ever been.
wrote:
>> 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
I am in the process of going to China now. I stand corrected on the
K1. That was a typo on my part. We are biding our time right now as I
raise the money for the trip. I know it sounds like the cart before
the horse but if you knew the whole story you would understand. All
the rest is incidental and red tape. We have literally found each
other simultaneously (literally contacted each other at the very same
moment only thinking that we were mutually attracted. From there, it's
all history. My passport is on it's way and I'm arranging for the
trip. I don't go a day without talking to her except for weekend when
she's not at work. She doesn't have a computer at home so it's quick
notes from stolen moments. I love her heart and soul. Plus I think
she's beautiful and close to my age (mature and intelligent). Those
things seem to contradict our actions I guess. I never expected it
from myself but now I'm happier than I've ever been.
Sep 17th 2006, 3:05 am
#22
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Fiancé –isa (K1)
Originally Posted by Craig
I am in the process of going to China now. I stand corrected on the
K1. That was a typo on my part. We are biding our time right now as I
raise the money for the trip. I know it sounds like the cart before
the horse but if you knew the whole story you would understand. All
the rest is incidental and red tape. We have literally found each
other simultaneously (literally contacted each other at the very same
moment only thinking that we were mutually attracted. From there, it's
all history. My passport is on it's way and I'm arranging for the
trip. I don't go a day without talking to her except for weekend when
she's not at work. She doesn't have a computer at home so it's quick
notes from stolen moments. I love her heart and soul. Plus I think
she's beautiful and close to my age (mature and intelligent). Those
things seem to contradict our actions I guess. I never expected it
from myself but now I'm happier than I've ever been.
K1. That was a typo on my part. We are biding our time right now as I
raise the money for the trip. I know it sounds like the cart before
the horse but if you knew the whole story you would understand. All
the rest is incidental and red tape. We have literally found each
other simultaneously (literally contacted each other at the very same
moment only thinking that we were mutually attracted. From there, it's
all history. My passport is on it's way and I'm arranging for the
trip. I don't go a day without talking to her except for weekend when
she's not at work. She doesn't have a computer at home so it's quick
notes from stolen moments. I love her heart and soul. Plus I think
she's beautiful and close to my age (mature and intelligent). Those
things seem to contradict our actions I guess. I never expected it
from myself but now I'm happier than I've ever been.
I posted on your marriage-based forum thread also, but just wanted to reiterate here, that the K-1 will require you to return to the USA to start her paperwork (unless you mail the I-129F and all supporting docs to your lawyer in the states and have him file for you). Also, DON"T get married in China if you intend to do the K-1. The K-1 is for fiance(e)'s only! If you start with the K-1, then get married in China, you will have to start over again with a spousal immigrant visa instead.
Bottom line, make sure you know what your plans are, and what visa you want, before you get started doing any paperwork.
Rene
