K1 Not a Fun Time :(
Jan 22nd 2002, 11:25 am
#16
Forum Regular
Joined: Jan 2002
Posts: 57
On phoning the INS today with the direct question 'can we file the I129F, my USC fiancee is divorced but only 3 months into the Wisconsin state's 6 month waiting time to re-marry post divorce'. (This waiting period is not a part of the divorce proceeding... the divorce is finished and complete).
Their answer was... 'we do not know'. Not NO nor YES
So what the heck is the use of that!!!!
And answers here are all contradictory... so what do we do?... Wait another 3 months?.. I could take that if we had a firm answer.... but all of this conjecture is frustrating beyond belief. It should be sufficient to answer the question on the form as stated on the form... i.e. 'I am legally able to and intend to marry my alien fiancee within 90 days of his or her arrival in the USA.'
That is not asking about the date of filing... but later,... surely?
Their answer was... 'we do not know'. Not NO nor YES
So what the heck is the use of that!!!!
And answers here are all contradictory... so what do we do?... Wait another 3 months?.. I could take that if we had a firm answer.... but all of this conjecture is frustrating beyond belief. It should be sufficient to answer the question on the form as stated on the form... i.e. 'I am legally able to and intend to marry my alien fiancee within 90 days of his or her arrival in the USA.'
That is not asking about the date of filing... but later,... surely?
Jan 22nd 2002, 12:00 pm
#17
Guest
Posts: n/a
grajan wrote:
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Get yourself a one-time consultation with an immigration attorney, it won't cost you
that much. Alvena
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Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
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I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
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Get yourself a one-time consultation with an immigration attorney, it won't cost you
that much. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
Jan 22nd 2002, 12:40 pm
#18
Guest
Posts: n/a
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It does not say... "I WILL be legally able............" The "I am" means the day you
sign the petition.
The only confusion here is from INS agents giving inconsistent and incorrect advise.
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It does not say... "I WILL be legally able............" The "I am" means the day you
sign the petition.
The only confusion here is from INS agents giving inconsistent and incorrect advise.
Jan 22nd 2002, 3:04 pm
#19
Guest
Posts: n/a
"am legally able to" and "intend to" are two parallel phased, thus the whole sentence
should be read this way:
I am legally able to marry my alien fiancee within 90 days of his or her arrival in
the USA and I intend to marry my alien fiancee within 90 days of his or her arrival
in the USA.
Now the question is what constitue as "am legally able to". I suppose one can answer
yes for the moment because he can always abort the process before the fiance(e) get
the K-1 visa thus he/she will not arrive in the USA.
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[usenetquote2]> > i.e. 'I am legally able to and intend to marry my alien fiancee within 90 days of[/usenetquote2]
[usenetquote2]> > his or her arrival in the USA.'[/usenetquote2]
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incorrect
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should be read this way:
I am legally able to marry my alien fiancee within 90 days of his or her arrival in
the USA and I intend to marry my alien fiancee within 90 days of his or her arrival
in the USA.
Now the question is what constitue as "am legally able to". I suppose one can answer
yes for the moment because he can always abort the process before the fiance(e) get
the K-1 visa thus he/she will not arrive in the USA.
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[usenetquote2]> > i.e. 'I am legally able to and intend to marry my alien fiancee within 90 days of[/usenetquote2]
[usenetquote2]> > his or her arrival in the USA.'[/usenetquote2]
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incorrect
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