Legality of DCF and a B-2 denial...
Apr 6th 2002, 6:50 am
#1
Guest
Posts: n/a
Legality of DCF and a B-2 denial...
Is it illegal to enter a country that does DCF for the sole purpose of marrying
someone?? If it is illegal to do that in the US, would not be illegal to do it in
another country? The country that I intend on going to do DCF does allow for
non-citizens to marry. But if I knew I was going there to do DCF, then does it not
make the entry illegal? Also, my fiance was denied a visitors visa about a month ago
because he'd never applied before, and we really did not know what to bring. We think
it was because he did not bring a bank statement or proper money, but we were not
aware that you had to do that, but f course, we know now. Would his denial of a
visitation visa effect the DCF? Or should he apply again for a visitation visa (not
to come here to marry, just to visit to a week, because he is a student and has only
a few days) with his bank account information (which has over 5000 in
it) ?? I told him if he did decided to apply for a visitors visa again and wait on
doing DCF in the summer, after school is out of session, then he should just tell
them that he did not bring money with him last time or proof he could support
himself and he thinks that is why it was denied. If someone could help us, I
would really appreciate it. Thank you.
Elizabeth
someone?? If it is illegal to do that in the US, would not be illegal to do it in
another country? The country that I intend on going to do DCF does allow for
non-citizens to marry. But if I knew I was going there to do DCF, then does it not
make the entry illegal? Also, my fiance was denied a visitors visa about a month ago
because he'd never applied before, and we really did not know what to bring. We think
it was because he did not bring a bank statement or proper money, but we were not
aware that you had to do that, but f course, we know now. Would his denial of a
visitation visa effect the DCF? Or should he apply again for a visitation visa (not
to come here to marry, just to visit to a week, because he is a student and has only
a few days) with his bank account information (which has over 5000 in
it) ?? I told him if he did decided to apply for a visitors visa again and wait on
doing DCF in the summer, after school is out of session, then he should just tell
them that he did not bring money with him last time or proof he could support
himself and he thinks that is why it was denied. If someone could help us, I
would really appreciate it. Thank you.
Elizabeth
Apr 6th 2002, 7:16 am
#2
Concierge
Joined: Apr 2001
Posts: 46,483
Re: Legality of DCF and a B-2 denial...
Whether or not the US Consulate in a particular country allows direct consulat filing of the immediate relative visa has no relation as to whether it is legal for a non-citizen to enter that country and marry one of its citizens. That legality depends solely on the country and not the US Consulate.
Now as to whether or not the US Consulate allows DCF, that depends on what its rules and regulations are. Some do without the US Citizen having to be a resident of the foreign country, i.e. Austrialia and then there is they UK which will only DCF if the USC is a legal resident of the UK. Then again there is Canada where there is no DCF at all even if the USC lives legally in Canada.
So be very sure that the foreign country will allow you, a USC, to marry in their country. And if so, what paperwork is required. Some require certificates attesting to your being single and free to marry. And then be sure what the requirements of the US Consulate are.
As for your fiancee, at the time he was denied a B visa he should have been told the reason why he was denied. Some countries (and you did not give us any idea where your BF is from) will not issue a single person a tourist visa and most definitely will not if they know that they have a romantic interest in a USC.
Now as to whether or not the US Consulate allows DCF, that depends on what its rules and regulations are. Some do without the US Citizen having to be a resident of the foreign country, i.e. Austrialia and then there is they UK which will only DCF if the USC is a legal resident of the UK. Then again there is Canada where there is no DCF at all even if the USC lives legally in Canada.
So be very sure that the foreign country will allow you, a USC, to marry in their country. And if so, what paperwork is required. Some require certificates attesting to your being single and free to marry. And then be sure what the requirements of the US Consulate are.
As for your fiancee, at the time he was denied a B visa he should have been told the reason why he was denied. Some countries (and you did not give us any idea where your BF is from) will not issue a single person a tourist visa and most definitely will not if they know that they have a romantic interest in a USC.
Apr 6th 2002, 10:05 am
#3
Guest
Posts: n/a
Re: Legality of DCF and a B-2 denial...
Elizabeth O'Quinn wrote:
> Is it illegal to enter a country that does DCF for the sole purpose of marrying
> someone?? If it is illegal to do that in the US, would not be illegal to do it in
> another country?
You are thinking incorrectly: it is illegal to enter the US to marry and then AOS, if
you intend to do that prior to entry, HOWEVER, to enter and marry and then apply for
a visa for the US spouse to leave the US is not illegal. Nor would it be illegal to
enter another country and marry and then do DCF.
Some things to remember:
1. IF the reason for the tourist denial was only money or lack of insufficient reason
to return, then there is no worry about DCF, this would have no impact on DCF.
2. You can only do DCF IF that country allows non-resident US citizens to do so.
3. Other factors, such as criminal record or serious illness would disable DCF.
4. Once a person has been denied for a visitor's visa to the US, the chances of
getting one are pretty slim, IMHO, and in some countries it would be illegal.
However, the biggest barrier he would have to getting a visitor's visa would be to
answer truthfully to the question on the application that asks if he has a US
fiance, which would nix his chances totally.,
bottom line: if he was denied only due to money, has no other complicating factors,
and the consulate in question allows non-resident Us citizens to file DCF, there is
no contraindication legally to your going there, marrying, and filing DCF. Alvena
See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
> Is it illegal to enter a country that does DCF for the sole purpose of marrying
> someone?? If it is illegal to do that in the US, would not be illegal to do it in
> another country?
You are thinking incorrectly: it is illegal to enter the US to marry and then AOS, if
you intend to do that prior to entry, HOWEVER, to enter and marry and then apply for
a visa for the US spouse to leave the US is not illegal. Nor would it be illegal to
enter another country and marry and then do DCF.
Some things to remember:
1. IF the reason for the tourist denial was only money or lack of insufficient reason
to return, then there is no worry about DCF, this would have no impact on DCF.
2. You can only do DCF IF that country allows non-resident US citizens to do so.
3. Other factors, such as criminal record or serious illness would disable DCF.
4. Once a person has been denied for a visitor's visa to the US, the chances of
getting one are pretty slim, IMHO, and in some countries it would be illegal.
However, the biggest barrier he would have to getting a visitor's visa would be to
answer truthfully to the question on the application that asks if he has a US
fiance, which would nix his chances totally.,
bottom line: if he was denied only due to money, has no other complicating factors,
and the consulate in question allows non-resident Us citizens to file DCF, there is
no contraindication legally to your going there, marrying, and filing DCF. Alvena
See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
Apr 6th 2002, 5:50 pm
#4
Guest
Posts: n/a
Re: Legality of DCF and a B-2 denial...
Assuming we do DCF in Turkey, we won't have to fill out the I-485? We do that once he
is here? The Doc Steen Site says that we have to fill out an I-864..I thought this
was the same as the I-485? My dad has agreed to co-sponsor him because I'm a student
(he is, too). Do I need to bring tax returns from my father with me or does that
wait?? ALso, I've never filed taxes before because my parents have always claimed me
on their taxes, and i've never had a job in which i've made over 4000. What do I need
to about this??
Alvena Ferreira <[email protected]> wrote in message
news:<[email protected]>...
> Elizabeth O'Quinn wrote:
> > Is it illegal to enter a country that does DCF for the sole purpose of marrying
> > someone?? If it is illegal to do that in the US, would not be illegal to do it in
> > another country?
> You are thinking incorrectly: it is illegal to enter the US to marry and then AOS,
> if you intend to do that prior to entry, HOWEVER, to enter and marry and then apply
> for a visa for the US spouse to leave the US is not illegal. Nor would it be
> illegal to enter another country and marry and then do DCF.
>
> Some things to remember:
> 1. IF the reason for the tourist denial was only money or lack of insufficient
> reason to return, then there is no worry about DCF, this would have no impact
> on DCF.
> 2. You can only do DCF IF that country allows non-resident US citizens to do so.
> 3. Other factors, such as criminal record or serious illness would disable DCF.
> 4. Once a person has been denied for a visitor's visa to the US, the chances of
> getting one are pretty slim, IMHO, and in some countries it would be illegal.
> However, the biggest barrier he would have to getting a visitor's visa would be
> to answer truthfully to the question on the application that asks if he has a US
> fiance, which would nix his chances totally.,
>
> bottom line: if he was denied only due to money, has no other complicating factors,
> and the consulate in question allows non-resident Us citizens to file DCF, there is
> no contraindication legally to your going there, marrying, and filing DCF. Alvena
>
> See the Doc Steen site here:
> http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
> this is not immigration advice. The information I provide is mostly gleaned from
> old newsgroup posts and visa links on the internet. If you want or need a lawyer,
> go to: http://www.aila.org
is here? The Doc Steen Site says that we have to fill out an I-864..I thought this
was the same as the I-485? My dad has agreed to co-sponsor him because I'm a student
(he is, too). Do I need to bring tax returns from my father with me or does that
wait?? ALso, I've never filed taxes before because my parents have always claimed me
on their taxes, and i've never had a job in which i've made over 4000. What do I need
to about this??
Alvena Ferreira <[email protected]> wrote in message
news:<[email protected]>...
> Elizabeth O'Quinn wrote:
> > Is it illegal to enter a country that does DCF for the sole purpose of marrying
> > someone?? If it is illegal to do that in the US, would not be illegal to do it in
> > another country?
> You are thinking incorrectly: it is illegal to enter the US to marry and then AOS,
> if you intend to do that prior to entry, HOWEVER, to enter and marry and then apply
> for a visa for the US spouse to leave the US is not illegal. Nor would it be
> illegal to enter another country and marry and then do DCF.
>
> Some things to remember:
> 1. IF the reason for the tourist denial was only money or lack of insufficient
> reason to return, then there is no worry about DCF, this would have no impact
> on DCF.
> 2. You can only do DCF IF that country allows non-resident US citizens to do so.
> 3. Other factors, such as criminal record or serious illness would disable DCF.
> 4. Once a person has been denied for a visitor's visa to the US, the chances of
> getting one are pretty slim, IMHO, and in some countries it would be illegal.
> However, the biggest barrier he would have to getting a visitor's visa would be
> to answer truthfully to the question on the application that asks if he has a US
> fiance, which would nix his chances totally.,
>
> bottom line: if he was denied only due to money, has no other complicating factors,
> and the consulate in question allows non-resident Us citizens to file DCF, there is
> no contraindication legally to your going there, marrying, and filing DCF. Alvena
>
> See the Doc Steen site here:
> http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
> this is not immigration advice. The information I provide is mostly gleaned from
> old newsgroup posts and visa links on the internet. If you want or need a lawyer,
> go to: http://www.aila.org
Apr 6th 2002, 10:50 pm
#5
Guest
Posts: n/a
Re: Legality of DCF and a B-2 denial...
Elizabeth O'Quinn wrote:
> Assuming we do DCF in Turkey, we won't have to fill out the I-485? We do that once
> he is here? The Doc Steen Site says that we have to fill out an I-864..I thought
> this was the same as the I-485? My dad has agreed to co-sponsor him because I'm a
> student (he is, too). Do I need to bring tax returns from my father with me or does
> that wait?? ALso, I've never filed taxes before because my parents have always
> claimed me on their taxes, and i've never had a job in which i've made over 4000.
> What do I need to about this??
>
The I-485 is an adjustment of status form, you do NOT file that with DCF. The I-864
is the affidavit of support, you DO file that with DCF. You will need the last 3
years of tax returns for him, and on your I-864 form, you put a note of explanation
regarding why YOU do NOT have tax returns. Bear in mind, YOU still DO file an I-864
and also one from him, and you will need employer letters for each of you too. Alvena
See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
> Assuming we do DCF in Turkey, we won't have to fill out the I-485? We do that once
> he is here? The Doc Steen Site says that we have to fill out an I-864..I thought
> this was the same as the I-485? My dad has agreed to co-sponsor him because I'm a
> student (he is, too). Do I need to bring tax returns from my father with me or does
> that wait?? ALso, I've never filed taxes before because my parents have always
> claimed me on their taxes, and i've never had a job in which i've made over 4000.
> What do I need to about this??
>
The I-485 is an adjustment of status form, you do NOT file that with DCF. The I-864
is the affidavit of support, you DO file that with DCF. You will need the last 3
years of tax returns for him, and on your I-864 form, you put a note of explanation
regarding why YOU do NOT have tax returns. Bear in mind, YOU still DO file an I-864
and also one from him, and you will need employer letters for each of you too. Alvena
See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
Apr 7th 2002, 5:50 pm
#6
Guest
Posts: n/a
Re: Legality of DCF and a B-2 denial...
My dad is self-employed (he is a contractor) but makes about 40,000 a year. Would he
write a letter himself explaining that he is self-employed? Also, I worked part-time
while I was in high school and college, but never filed--someone said here once that
even if you didn't you had to file back taxes? Would this still apply to me even
though I didn't make over 4,000 and my parents claimed me? I just started working
full time about a month ago. Would this effect the I-485, or as long as my dad makes
over the povery line and can co-sponsor my fiance they would allow it? Thanks again.
Alvena Ferreira <[email protected]> wrote in message
news:<[email protected]>...
> Elizabeth O'Quinn wrote:
> > Assuming we do DCF in Turkey, we won't have to fill out the I-485? We do that
> > once he is here? The Doc Steen Site says that we have to fill out an I-864..I
> > thought this was the same as the I-485? My dad has agreed to co-sponsor him
> > because I'm a student (he is, too). Do I need to bring tax returns from my father
> > with me or does that wait?? ALso, I've never filed taxes before because my
> > parents have always claimed me on their taxes, and i've never had a job in which
> > i've made over 4000. What do I need to about this??
> >
> The I-485 is an adjustment of status form, you do NOT file that with DCF. The
> I-864 is the affidavit of support, you DO file that with DCF. You will need the
> last 3 years of tax returns for him, and on your I-864 form, you put a note of
> explanation regarding why YOU do NOT have tax returns. Bear in mind, YOU still DO
> file an I-864 and also one from him, and you will need employer letters for each
> of you too. Alvena
>
> See the Doc Steen site here:
> http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
> this is not immigration advice. The information I provide is mostly gleaned from
> old newsgroup posts and visa links on the internet. If you want or need a lawyer,
> go to: http://www.aila.org
write a letter himself explaining that he is self-employed? Also, I worked part-time
while I was in high school and college, but never filed--someone said here once that
even if you didn't you had to file back taxes? Would this still apply to me even
though I didn't make over 4,000 and my parents claimed me? I just started working
full time about a month ago. Would this effect the I-485, or as long as my dad makes
over the povery line and can co-sponsor my fiance they would allow it? Thanks again.
Alvena Ferreira <[email protected]> wrote in message
news:<[email protected]>...
> Elizabeth O'Quinn wrote:
> > Assuming we do DCF in Turkey, we won't have to fill out the I-485? We do that
> > once he is here? The Doc Steen Site says that we have to fill out an I-864..I
> > thought this was the same as the I-485? My dad has agreed to co-sponsor him
> > because I'm a student (he is, too). Do I need to bring tax returns from my father
> > with me or does that wait?? ALso, I've never filed taxes before because my
> > parents have always claimed me on their taxes, and i've never had a job in which
> > i've made over 4000. What do I need to about this??
> >
> The I-485 is an adjustment of status form, you do NOT file that with DCF. The
> I-864 is the affidavit of support, you DO file that with DCF. You will need the
> last 3 years of tax returns for him, and on your I-864 form, you put a note of
> explanation regarding why YOU do NOT have tax returns. Bear in mind, YOU still DO
> file an I-864 and also one from him, and you will need employer letters for each
> of you too. Alvena
>
> See the Doc Steen site here:
> http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and
> this is not immigration advice. The information I provide is mostly gleaned from
> old newsgroup posts and visa links on the internet. If you want or need a lawyer,
> go to: http://www.aila.org
Apr 7th 2002, 11:50 pm
#7
Guest
Posts: n/a
Re: Legality of DCF and a B-2 denial...
Elizabeth O'Quinn wrote:
> My dad is self-employed (he is a contractor) but makes about 40,000 a year. Would
> he write a letter himself explaining that he is self-employed? Also, I worked
> part-time while I was in high school and college, but never filed--someone said
> here once that even if you didn't you had to file back taxes? Would this still
> apply to me even though I didn't make over 4,000 and my parents claimed me? I just
> started working full time about a month ago. Would this effect the I-485, or as
> long as my dad makes over the povery line and can co-sponsor my fiance they would
> allow it? Thanks again.
>
You need the last 3 years of tax returns for your father to prove his income. You
would state on your I-864 that you were not required to file due to previous income
below the threshold for filing taxes. As long as your father qualifies on income, you
should be ok. Bear in mind, you EACH must have I-864, even though yours won't have
much income stated on it. Alvena See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
> My dad is self-employed (he is a contractor) but makes about 40,000 a year. Would
> he write a letter himself explaining that he is self-employed? Also, I worked
> part-time while I was in high school and college, but never filed--someone said
> here once that even if you didn't you had to file back taxes? Would this still
> apply to me even though I didn't make over 4,000 and my parents claimed me? I just
> started working full time about a month ago. Would this effect the I-485, or as
> long as my dad makes over the povery line and can co-sponsor my fiance they would
> allow it? Thanks again.
>
You need the last 3 years of tax returns for your father to prove his income. You
would state on your I-864 that you were not required to file due to previous income
below the threshold for filing taxes. As long as your father qualifies on income, you
should be ok. Bear in mind, you EACH must have I-864, even though yours won't have
much income stated on it. Alvena See the Doc Steen site here:
http://www.mindspring.com/~docsteen/...o/visainfo.htm I am not a lawyer, and this
is not immigration advice. The information I provide is mostly gleaned from old
newsgroup posts and visa links on the internet. If you want or need a lawyer, go to:
http://www.aila.org
Apr 8th 2002, 1:10 am
#8
Concierge
Joined: Apr 2001
Posts: 46,483
Re: Legality of DCF and a B-2 denial...
Excuse me but I believe that even if you worked part time and only earned $4,000 annually (remembering back to the days when I was a student and worked p/t) they do take out taxes. Why wouldn't someone file to have that money refunded? It doesn't alter the fact that the family used her as a dependent.
Rita
Rita
