Jeff McDonald

Hello,

I'm looking for some answers as regards to the time
it takes for different VISAs. Can anyone tell me which
is faster:

1) Fiancee visa
2) Spouse Visa + Fiancee visa for spouse

My fiancee lives in slovakia.

Thanks,
Jeff McDonald

L D Jones

Jeff McDonald wrote:
    >
    > Hello,
    >
    > I'm looking for some answers as regards to the time
    > it takes for different VISAs. Can anyone tell me which
    > is faster:
    >
    > 1) Fiancee visa
    > 2) Spouse Visa + Fiancee visa for spouse

option 2 does not make sense as written. if one is married it is not
possible to use a fiancee visa. do you mean I-130 + I-129 for K-3? If
so, based on what I have read I suspect fiancee visa is faster

Jeff McDonald

It doesn't make sense, but nothing the US government does
makes sense for immigration.

It is possible to file for a fiancee visa after you
are married to the person. Read the fiancee visa
application instructions.

jeff

On Fri, 27 Feb 2004 15:30:54 -0500, L D Jones wrote:

    > Jeff McDonald wrote:
    >>
    >> Hello,
    >>
    >> I'm looking for some answers as regards to the time
    >> it takes for different VISAs. Can anyone tell me which
    >> is faster:
    >>
    >> 1) Fiancee visa
    >> 2) Spouse Visa + Fiancee visa for spouse
    >
    > option 2 does not make sense as written. if one is married it is not
    > possible to use a fiancee visa. do you mean I-130 + I-129 for K-3? If
    > so, based on what I have read I suspect fiancee visa is faster

L D Jones

    >
    > jeff
    >
    > On Fri, 27 Feb 2004 15:30:54 -0500, L D Jones wrote:
    >
    > > Jeff McDonald wrote:
    > >>
    > >> Hello,
    > >>
    > >> I'm looking for some answers as regards to the time
    > >> it takes for different VISAs. Can anyone tell me which
    > >> is faster:
    > >>
    > >> 1) Fiancee visa
    > >> 2) Spouse Visa + Fiancee visa for spouse
    > >
    > > option 2 does not make sense as written. if one is married it is not
    > > possible to use a fiancee visa. do you mean I-130 + I-129 for K-3? If
    > > so, based on what I have read I suspect fiancee visa is faster

Jeff McDonald wrote:
    >
    > It doesn't make sense, but nothing the US government does
    > makes sense for immigration.

There is a logic to it. It is not complete nonsense

    > It is possible to file for a fiancee visa after you
    > are married to the person. Read the fiancee visa
    > application instructions.

So, K-3 then? It's not a "fiancee visa" as typically discussed here. If
you say fiancee visa people assume you filed only the I-129 and were not
married when you did so

Jeff McDonald

These forms are completely stupid and the laws
that they abide by are completely misguided.
For instance, if one cannot apply for a fiancee visa
while one is here on some other visa, why the hell
does the I-129F have a space to put the boarding
card number on the form???

I'm a bit miffed at this entire process because my
fiancee and I (I'm a citizen) entered the USA with
the intention of filing for the fiancee visa here.
She was denied entry--a painful and expensive lesson
for us. Her B1 visa was also cancelled.

So please tell me the logic of allowing the possibility
of entering the boarding card number on the I-129F
but someone who enters on another visa type is denied entry.
Clearly even the forms encourage dishonesty.

So, I can get a fiancee visa for her, or I can go to her country
marry her and then apply for a fiancee visa for spouse and the
I-130 at the same time. I only want to get her back ASAP.

Jeff



On Fri, 27 Feb 2004 22:29:30 -0500, L D Jones wrote:

    >>
    >> jeff
    >>
    >> On Fri, 27 Feb 2004 15:30:54 -0500, L D Jones wrote:
    >>
    >> > Jeff McDonald wrote:
    >> >>
    >> >> Hello,
    >> >>
    >> >> I'm looking for some answers as regards to the time
    >> >> it takes for different VISAs. Can anyone tell me which
    >> >> is faster:
    >> >>
    >> >> 1) Fiancee visa
    >> >> 2) Spouse Visa + Fiancee visa for spouse
    >> >
    >> > option 2 does not make sense as written. if one is married it is not
    >> > possible to use a fiancee visa. do you mean I-130 + I-129 for K-3? If
    >> > so, based on what I have read I suspect fiancee visa is faster
    >
    > Jeff McDonald wrote:
    >>
    >> It doesn't make sense, but nothing the US government does
    >> makes sense for immigration.
    >
    > There is a logic to it. It is not complete nonsense
    >
    >> It is possible to file for a fiancee visa after you
    >> are married to the person. Read the fiancee visa
    >> application instructions.
    >
    > So, K-3 then? It's not a "fiancee visa" as typically discussed here. If
    > you say fiancee visa people assume you filed only the I-129 and were not
    > married when you did so

Rete

The forms are straight forward. What your fiancee encountered is a diligent agent at the POE who felt that she had strong immigration intent and denied her entry based on that determination. I'm sure the fact that you two entered or attempted to enter the US at the same time had much to do with that decision.

While the forms could very well to be completed while the foreign fiancee is on US soil, it is designed for final completion for the K-1 at the US Consulate aboard. It is apparent that your fiancee did not have the documentation available to prove her strong ties to her country and that she would indeed return after her "vacation". The USCIS laws have a great many flaws to them but I don't see the flaw in the I-129F nor in the agent's decision making process in her case at the POE.

My husband and I went the K-1 route, as well. He visited here many times both before and during the process. When questioned at the POE he would always make known his ties to his country and he was never denied entrance.

Rete

Rete

Have you checked to see if the US Consulate in her country allows what the layman calls direct consular filing of the I-130 there with the US Citizen as only a visitor. Some countries and it might be worth your while to check into it. Find the US Consulate website for her country online and read what they have to say about it. Also since you are asking about marriage-based visas the better newsgroup to ask your questions on would be

alt.visa.us.marriage-based

Lucy

"Jeff McDonald" <[email protected]> wrote in message
news[email protected]...
    > I'm a bit miffed at this entire process because my
    > fiancee and I (I'm a citizen) entered the USA with
    > the intention of filing for the fiancee visa here.

OK, this makes no sense to me. A visa is used to enter the country. Why
would she apply for one *after* she's already in the country?

Jeff McDonald

Dear Lucy,

Let me explain that its very difficult for someone of
Eastern European citizenship to get on a plane in Europe
and travel to the USA without a US visa. My fiancee had
a B1 visa--which INS kindly cancelled-- however,
its not relevant do this discussion. My point is that
we were told that she could not enter on a B1 visa as
my fiancee with the intention of becoming my wife--
thus immigrant status--and then (before marrying)
apply for the I-129F K-1 (fiancee) visa. My argument
is that the I-129F forms allow a space for the I-94
landing card number and someone naive about such issues
would assume that the I-129F could be applied for on US soil.
According to the officer at the POE, this "change of status"
is illegal--but clearly it is permitted by the forms.

jeff


On Mon, 01 Mar 2004 08:32:04 -0600, Lucy wrote:

    > "Jeff McDonald" <[email protected]> wrote in message
    > news[email protected]...
    >> I'm a bit miffed at this entire process because my
    >> fiancee and I (I'm a citizen) entered the USA with
    >> the intention of filing for the fiancee visa here.
    >
    > OK, this makes no sense to me. A visa is used to enter the country. Why
    > would she apply for one *after* she's already in the country?

Lucy

"Jeff McDonald" <[email protected]> wrote in message
news[email protected]...
    > Dear Lucy,
    > Let me explain that its very difficult for someone of
    > Eastern European citizenship to get on a plane in Europe
    > and travel to the USA without a US visa.

Thank you. I'm well aware of the requirement to possess a visa in order to
enter the US.

    > My point is that
    > we were told that she could not enter on a B1 visa as
    > my fiancee with the intention of becoming my wife--
    > thus immigrant status--and then (before marrying)
    > apply for the I-129F K-1 (fiancee) visa.

I still don't understand why she would choose to abuse her B-1 visa, by
using it to try to enter for a reason that is clearly violating its lawful
use.

Most of all, it is completely illogical to me to apply for permission to
enter the country when she is already in the country. That's the part I'm
disputing.

Many people enter on a B-1 visa then adjust status to become a permanent
resident, which makes sense, although it's still abuse of the B-1 visa.

    > My argument
    > is that the I-129F forms allow a space for the I-94
    > landing card number and someone naive about such issues
    > would assume that the I-129F could be applied for on US soil.

The I-129F should be submitted on US soil. That form is to be filled out by
you, not your fiancee. The point is that it is your application for a visa
for her to enter the US.

It's possible that she could have been in the US already, but wants to leave
and come back on a fiancee visa. Is that what you're talking about? If so,
then why tell the imigration officer that you intended to get married, if
that was not the purpose of her visit *this* time.

    > According to the officer at the POE, this "change of status"
    > is illegal--but clearly it is permitted by the forms.

You were not talking about a change of status. You were talking about
getting a visa. Changing status is a whole different thing. It is permitted
by the forms and is permitted. It's the entering on a B-1 visa with the
intent to change status that's illegal.

Lucy