k1 visa

Old Nov 17th 2002, 8:57 am
  #1  
Claudia
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Default k1 visa

I and my fiancé filed for a K1 visa in July and we are still waiting
for an approval from the NSC. I am wondering: if I abandon the k1
appication (actually does it have an expiration period once you get
the approval from the INS to continue the process with the embassy?)
and I will enter US under another visa and THEN get married, will it
cause any trouble the fact that I filed for the K1 visa already? Will
there be any additional difficulties for the adjustement of status
because of that? At the INS do they have a precise history of visas
request for everybody or they keep on file just the visa that went
trough? I was thinking that at this point it would be easier for me to
go to US under a tourist or a H2B visa and than get married than to
follow all this K1 process that is killing me... Please give me any
advise of what you think it would be ok to do!
Thank you!
Claudia
 
Old Nov 17th 2002, 10:42 am
  #2  
Ingo Pakleppa
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Default Re: k1 visa

On Sun, 17 Nov 2002 01:57:57 -0800, claudia wrote:

    > I and my fiancé filed for a K1 visa in July and we are still waiting for
    > an approval from the NSC. I am wondering: if I abandon the k1 appication
    > (actually does it have an expiration period once you get the approval
    > from the INS to continue the process with the embassy?)

Actually, the process is somewhat different. When you get the approval
notice from INS, that is really little more than a courtesy copy. INS will
notify the consulate, who will then tell you to come in. If you don't show
up and don't call them to reschedule, it is abandoned.

    > and I will enter US under another visa and THEN get married, will it
    > cause any trouble the fact that I filed for the K1 visa already? Will
    > there be any additional difficulties for the adjustement of status
    > because of that?

It depends on the type of visa. If it is an H-1B, L-1 or the like, there
shouldn't be a problem. But if it is a tourist visa, or any of the others
that don't allow immigration intent, INS would have the paperwork to prove
that you committed immigration fraud. A good attorney can usually salvage
the situation because INS tends to be relatively forgiving as long as the
marriage itself is bona fide, but there is a substantial risk.

    > At the INS do they have a precise history of visas request for everybody
    > or they keep on file just the visa that went trough? I was thinking that
    > at this point it would be easier for me to go to US under a tourist or a
    > H2B visa and than get married than to follow all this K1 process that is
    > killing me... Please give me any advise of what you think it would be ok
    > to do! Thank you!
    > Claudia

Wait for the K-1. The H-2B has the same problem as the tourist visa (only
H-1B allows immigration intent), and besides would probably take just as
long to apply for.
 
Old Nov 19th 2002, 5:09 pm
  #3  
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Default Re: k1 visa

Claudia, I hate to say it, but this is a really bad idea. Essentially it would constitute visa fraud and will probably cause you some real problems down the road. Yes, the INS does have records of your current application and if you were able to get another visa to get into the country you would probably have to lie at the POE about your intentions. Can you say "10 year ban"?? The K1 process is a pain, but since you started it, you might as well finish it. Where are you from, by the way??
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Old Nov 23rd 2002, 1:11 pm
  #4  
Claudia
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Default Re: k1 visa

jcsutton wrote in message news:...
    > Claudia, I hate to say it, but this is a really bad idea. Essentially
    > it would constitute visa fraud and will probably cause you some real
    > problems down the road. Yes, the INS does have records of your current
    > application and if you were able to get another visa to get into the
    > country you would probably have to lie at the POE about your
    > intentions. Can you say "10 year ban"?? The K1 process is a pain, but
    > since you started it, you might as well finish it. Where are you from,
    > by the way??

Well, I am from Switzerland. I know that I'd better wait and do
everything as it should have been done but they also should do
everything as they annonced and the limit of 100 days to get the 2.NOA
has passed since 1 month: I think this is not fair: they have the
biggest decision of my life in their hands! Wouldn't it make you feel
frustrated? Sorry for this, I am just getting depressed if I think
about it! Thank you for your answer and don't worry I will follow the
right way (but right for who?!?)
Claudia
 
Old Nov 25th 2002, 12:37 pm
  #5  
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Default

Claudia, since you are from Switzerland, I will suggest the Direct Consular filing. From what I understand, your USC fiancee can come to Switzerland, marry you, and then file the I-130 spousal paperwork with the US consulate. We did this in South Africa and it took a total of 33 days to receive the visa. Check out this website:

http://k1.exit.com/dcf.html

If you have any questions please let me know.

Jerry
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Old Nov 26th 2002, 6:51 pm
  #6  
Claudia
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Default Re: k1 visa

jcsutton wrote in message news:...
    > Claudia, since you are from Switzerland, I will suggest the Direct
    > Consular filing. From what I understand, your USC fiancee can come to
    > Switzerland, marry you, and then file the I-130 spousal paperwork with
    > the US consulate. We did this in South Africa and it took a total of 33
    > days to receive the visa. Check out this website:
    >
    > http://k1.exit.com/dcf.html
    >
    > If you have any questions please let me know.
    >
    > Jerry

Thank you Jerry!
This web site is very interesting. I was actually taking in
consideration the possibility of him coming here and get married and
do the direct consular filing, it seems to be really easier and
quicker. And I do not have to go through Nebraska INS which is really
a mess... He is supposed to come here in january-february so if the K1
visa hasn't gone through by that time then this will be our solution.
Thank you again, very kind of you for worrying for other people you do
not even know!
Claudia
 

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