Eternal Howl

Hi there,

One of the guys from another forum suggested I come have a look in here. I've been reading a lot of threads in this forum, but I guess the one thing that I haven't come across yet in the 30 or so posts I've read through today: How hard is it to secure a K1 Visa?

I met my partner online and granted, we met at Christmas, I visited them in April and will be returning again within the next six months for a time. What I'm wondering though, as we're also chasing the avenue of his ability to enter NZ ( I'm not a brit expat - but this forum has a lot of good info pertaining to the US and foreigners obviously) and his chances of coming here at the moment are less than good due to his priors, is by the time we look at filing, I would have made a couple of trips to the US specifically to be with him. We do want to marry. Our desire to marry is only restricted by the fact that if we were to marry on a Visa Waiver as we thought of doing, it could cause problems. So we won't be doing that just yet. We'll most likely look at filing K1 after I leave the US next trip. We have consulted with a lawyer in both countries so it's not that I'm not (or haven't) doing my homework. I am. The lawyer was impressed when I saw him last time. But I guess in situations like this, he did make it clear that immigration wouldn't be highly chuffed that we met on line. But as time goes by, obviously the way we met will become less of an issue.

I was reading someone else's thread in here and they mentioned that they want the quickest way possible to be able to be with their love and I know EXACTLY where they're coming from. But at the same time, I do want to do it above board and not slyly entering on a visa waiver with intent. I'm a terrible liar and so intend on making sure I don't offend a country I may end up moving to. However, at the same time, I do wonder...how hard is it to get K1 if you are genuine and how do you prove you're genuine? It's kind of hard to prove much when you're half a world away. Sure, we have photos together (hell we got naked photos together but they're not for public domain hehe) and I've kept all my bank statements and receipts for purchases while staying with my partner, but it's not really evidence of "love of my life" scenario is it? I guess I'm looking at this from the skeptic. We've all heard about the Russian mail order brides and while I come from what the NZ immigration consultant regarded as a highly sought after location, we all probably think that about our place of origin.

So how hard is it to get K1 in my situation? Does anyone have this experience? I'm sure there must be and I know the result will vary between 'cases' but I'm just looking at 'what are the odds'? Or should we just pay too much money to an NZ lawyer and beg them for forgiveness? (I don't think that's going to happen somehow.) Bottom line, we want to be together - in any country and I have been exploring other possibilities too. Being able to stay in the US is NOT the priority. The priority is being with my partner and the lawyer seems to think his priors will not affect his ability to sponsor me as his fiance - so that in itself is a good thing

Thanks for reading my waffle!

Rete

My husband and I met on MIRC and we obtained a K-1 back in '98. Been married 9 years this September. Not difficult at all as long as you meet all the other criteria for the visa.

His "priors" mean nothing as he is the USC. His rap sheet could include, drugs, murder, prostitute, etc. and you would still qualify for a K-1. The issue of criminal history being detrimental to a visa is for the foreign fiancee/spouse.

You don't have to prove "love". You have to prove a relationship in terms of having been met physically rather than through the internet only and there is the requirement of proof of your having been together, i.e. photos, receipts, plane tickets, boarding passes, perhaps phone bills, and there is the requirment of a letter of intent.

I think you are worried far to much over the internet issue. It is not an issue whatsoever with the USCIS. I would say more than 1/2 of the people on this forum met that way.

BTW I'm not an expat either. The immigration forums are not exclusive to BE but instead are propogated to and from the worldwide Usenet. This forum can be accessed through your internet's newsgroups and/or through google.

Noorah101

As long as you meet all the requirements of the I-129F petition and the K-1 visa, it won't matter at all that you met initially on the net. You've seen each other in person since then, and you have proof of that, so that's all you need. Don't worry, you should be fine.

Best Wishes,
Rene

meauxna

What's sort of funny is that this particular question, which used to be so common a few years ago, seems antiquated now!

While this thread is an old one in immigration-time (circa Jan 05) one thing it offers is a look at how many of the participants have been successful. Most of them have filed to remove conditions or naturalize by now!

http://britishexpats.com/forum/showthread.php?t=276367

Their examples speak more truth to what a non-issue meeting online is than anything else.

Rete

And what's funnier, is that you and YDH did not meet that way.

Eternal Howl

Thanks for pointing me to that link. I hadn't seen that and believe me, I trolled through many of the pages yesterday. It was great reading the posts from people in my situation. I know people who have met on line and married in real life and are really happy, but they've trawled through NZ immigration, not foreign and it's very different.

I know my initial question isn't that rare anymore, but I think many people still stumble through blindly. I have time on my hands so I want to ensure we get the smoothest possible journey. And while it may take a couple of years (potentially), I said to my partner, "what's a couple of years when we have another 30-40 (hopefully more) together?"

So it's not that hard for relationships that started online, so then what was my lawyer going on about? he seemed to think that was a big X by our name.
Thanks all for the posts and advice.

meauxna

Hmm, well, that would be a good probing question to ask the lawyer before you hire him. Maybe he doesn't do very many K-1 applications and isn't as up to date on processes as some who specialize in Ks? Family based applications are a different sort of specialty from employment based, so if you are looking for a high-touch experience from your lawyer, be very clear about your expectations from him or risk disappointment.
You may also find that there are a lot of unwritten helpful tips that will make your process smoother, but barring any out of the ordinary complications (or a single stoke of bad-namecheck-luck) there is no reason a K-1 application should take a couple of years. ?!

There is an outline of the process in the Wiki here: http://britishexpats.com/wiki/K1 and an article here to help keep you on track: http://www.familybasedimmigration.co...hread.php?t=13

Eternal Howl

Meauxna,

Thank you for sourcing those links. They will be prove to be really helpful. Your last comment did make me wonder...what to do about the lawyer. I might have a few more questions for him when I return to the US. I have him on email, but I would rather talk to him about his experience. I suspect he has probably dealt more with immigrants from Mexico and the surrounding areas. Given that there are many people seeking permission to stay from said countries, I imagine that may be where his misgivings come from.

Food for thought. Cheers!

Just Jenney

I agree. I'm curious as to why your lawyer thinks this is a big red flag. My husband and I met online in 2002, and we filed our I-129F within 9 months of that first online meeting (and only 1.5 months after we'd met in person). He is now having his US citizenship application processed. At every stage of our immigration timeline over the past 4+ years, the fact that we met online has never been an issue, ever.

~ Jenney

meauxna

hmm, one of my favorite sayings is "When you are a hammer, everything looks like a nail"
It could be that his specific experience limits his knowledge *for your type of situation*. Have you retained him in some sort of package deal yet? If not, you're not obligated to hire him.

No harm in shopping around; there are tons of K-1 visa attorneys out there!

With any attorney you hire, you should be prepared to learn about and manage your own case in broad strokes. This way if anything goes awry, you will be on top if it, as you are generally more motivated than the attorney.

Eternal Howl

I haven't paid him any money, but the fact is, there were three immigration consultants in the yellow pages and he was one of 2 in the area. He was also the one that seemed more interested in helping and not just asking for money. I basically just want someone to file the paperwork and in that degree he does seem organised. Maybe he just didn't want to get my hopes up. The other one I spoke to was saying "You NEED to meet with me". I don't NEED to do anything - know what I mean? The other was unreachable and I left messages for her twice. I know I can have a lawyer on line but I'd rather have the ability to be within realistic driving distance. The lawyer that we're looking at hiring does know about K1, it was just the bit about meeting online that he cautioned us on. Hmm, I may have to look a little further afield yet. I'm not sure. I kind of treat him like a doctor. I do the research and tell him to write the prescription - know what I mean?

Jenney - thanks for that feedback. It's very valuable to me!

Basically, it's starting to sound more and more like a process and less of an endurance (she says that now - I hear some people say).

Bluegrass Lass

Oh, it's definitely an edurance race when dealing with USCIS! Along with a few other adjectives I could use to describe the process.

For what it's worth, my husband and I met online via a dating service. Then met in person a few weeks later. We then filed the I-129f about 9 months later (same as Jenney). The fact of our meeting online has never come up in any correspondance or interview with USCIS. As Rete pointed out in her post, I would guess half of us on here met via the internet. Not sure why the lawyer would think that's an issue.

By the way, we have filed all the paperwork ourselves, without consulting an attorney; using only the great info and minds available through this forum. We just got his I-751 (10 yr greencard) approval a few weeks ago after starting the K1 process in 2002. So if you not satisfied with the lawyers you have found, don't rule out doing it yourselves. Yes it's tricky, but it's definitely do-able. Just getting the paperwork together is the hardest part - which you will have to do anyway in order to give to a lawyer. Once you have the paperwork together, filling out the forms and mailing to USCIS is the easy part. Also, I don't know why you think it would take a few years for immigration. If you have a straight-forward case (i.e. you have no criminal record, no overstays, no bans, etc) then you should be able to get a K1 visa in less than a year. My DH's took about 6 months.

Just Jenney

Actually, your situation was the exact opposite of ours. We met online, built up a relationship online for 8 months before finally meeting in person, when Mark came to the States to see me. He left after a 4-week visit, and a week after that we filed the I-129F. Still, the point is that meeting online does not, for the most part, raise any eyebrows -- any more than meeting at an ATM or at the dry cleaners would.

Also, "endurance" is a great word to use when describing one's experience with immigration. The whole process (any stage of it) tests two things: Your endurance, and your patience. They really do go hand-in-hand.

~ Jenney

Noorah101

And your ability to remain sane under pressure!

Rene

Eternal Howl

I don't see any reason to bar me from entering the US. Him entering NZ is apparently another matter but even his past shouldn't affect the K1 so that's all good. I really appreciate reading all this feedback with similar cases because it's really good for my confidence and how I see this whole thing. Why couldn't we have simply been born in the same country!!!! - I'm sure you've all asked your partner that before! Why couldn't we have fallen in love with a person from the same country? The mind can't rule the heart.