Tammy

Hello My name is Tammy Mandal. My husband and I are trying to decide what is the best
way to get him here. We have been told that since we have not been together in person
other than the one week that we were married that we will have a very hard time to
get an I 130. We do have supporting evidence of a year long relationship by previous
phone bills and joint bank accounts and also credit cards which we have established
since we have been married. However we were informed that since I have not spent time
with his family or him with mine and that we have only been in person together once,
this will make the Embassy in London very suspicious. It has been suggested for us to
file for a Visitors Visa and then adjust his status once he is here. We dont want to
do anything that may hurt us in the long run and we of course want to stay in legal
guidelines. Can anyone advise us on this issue? If we file the I 130 we have to go
through the NSC. Does anyone have updated timelines on the NOA (Action) and is it
true that once we get the NOA that we can at that point file for the K3 for him to
come here while waiting.

Also, the other concern is that with him being on a Student visa in the Uk being an
Indian how might this affect our requests? His Student Visa expires the end of March.
We can probably get an extension but.. What if not.. Will they let him wait in the Uk
while this processes, will this affect the I 130 that will at that time be pending if
the K 3 has not been approved yet?

Sorry so many questions, but if anyone can help.. We owe you millions of thanks.

Sincerely Kaushik and Tammy Mandal

Newyorker

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Sorry to be blunt Tammy, but it appears you are already aware of the situation
sounding suspicious.

One of the first things that I would have done after falling in love with someone
would to been to have updated my AOL profile and homepage to -not- say that I was
divorced and that I liked romance and hated bad dates.

I suppose he could try to get a B2 if he can't use the VWPP. My opinion on that is
that even if it got him here, it would add to the suspicion.

It is true that you can file the I-129F for the K3 as soon as you receive the NOA
from the I-130. There is no way you will get that by March. Hopefully he can get his
Student Visa extended.

I would say that unless you are Indian as well, and his parents arranged this
marriage with your parents, it would be in your best interest to do things to support
your petition. Visit him, spend time with him, visit his parents with him....whatever
it may be.

INS is going to catch you and grill you on much more than I have, and if you have a
valid relationship, love this man, and want more than to have a marriage where you
husband can't come to the US, both of you had better get to work so they don't.

Regards, NewYorker
---------------------------------------
All advice given is personal, not professional. If you need professional immigration
assistance, please consult a lawyer.

http://www.mindspring.com/~docsteen/...o/visainfo.htm

Michael Voight

Tammy wrote:
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Who told you this? The consulate or someone else?

We do have
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Joint bank account with someone you have never met in person???

and also credit cards which we have
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Well, forget the State Department, it makes even the non government folks suspicious.

It has been suggested for us to file for a
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Nope.. Probably hard to get. He is married to a USC, he is going to have to prove
beyond a doubt that he isn't going to stay there.

We dont want
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File the I-130 then the I-129F when the I-130 receipt is in hand. If they deny it,
they need a reason other than the short time together.

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Why should the UK care that he has a pending US visa application.

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If his visa is expiring in March. Then you might want to file with the intent on the
interview being in a country other than the UK.

Michael

Tammy

Alvena Ferreira <[email protected]>
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[usenetquote2]> > It has been suggested for us to file for a Visitors Visa and then adjust his[/usenetquote2]
[usenetquote2]> > status once he is here. We dont want to do anything that may hurt us in the long[/usenetquote2]
[usenetquote2]> > run and we of course want to stay in legal guidelines. Can anyone advise us on[/usenetquote2]
[usenetquote2]> > this issue?[/usenetquote2]
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Thanks Alvena Thanks for the information. We were aware of this and this is the main
reason for the questions. We dont want to get a "black mark" denial on his record for
being denied a visa for here. We would have stated very clearly that he is married to
a US Citizen. This would not have been hidden at all. Thanks for the site for an
attorney. I appreciate that. Even that is scary in this kind of thing, not knowing
who is real and who is fake. Its all so scary. We know that because its a true
relationship that eventually it will be approved, we just dont want to make a mistake
that could hold the process up longer. Thanks again.

Tammy

Michael Voight <[email protected]>
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Hello My name is Tammy Mandal. My husband and I are trying to decide what is the[/usenetquote2]
[usenetquote2]> > best way to get him here. We have been told that since we have not been together[/usenetquote2]
[usenetquote2]> > in person other than the one week that we were married that we will have a very[/usenetquote2]
[usenetquote2]> > hard time to get an I 130.[/usenetquote2]
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This was only someone that we know who has gone through this process. They mentioned
that we will have a very hard time to convince the Embassy that we are real since the
time spent together in person has been only a week.
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[usenetquote2]> > supporting evidence of a year long relationship by previous phone bills and joint[/usenetquote2]
[usenetquote2]> > bank accounts[/usenetquote2]
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NO these were established after we were married..
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[usenetquote2]> > established since we have been married. However we were informed that since I[/usenetquote2]
[usenetquote2]> > have not spent time with his family or him with mine and that we have only been[/usenetquote2]
[usenetquote2]> > in person together once, this will make the Embassy in London very suspicious.[/usenetquote2]
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[usenetquote2]> > Visitors Visa and then adjust his status once he is here.[/usenetquote2]
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[usenetquote2]> > to do anything that may hurt us in the long run and we of course want to stay in[/usenetquote2]
[usenetquote2]> > legal guidelines. Can anyone advise us on this issue? If we file the I 130 we[/usenetquote2]
[usenetquote2]> > have to go through the NSC. Does anyone have updated timelines on the NOA[/usenetquote2]
[usenetquote2]> > (Action) and is it true that once we get the NOA that we can at that point file[/usenetquote2]
[usenetquote2]> > for the K3 for him to come here while waiting.[/usenetquote2]
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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Also, the other concern is that with him being on a Student visa in the Uk being[/usenetquote2]
[usenetquote2]> > an Indian how might this affect our requests? His Student Visa expires the end of[/usenetquote2]
[usenetquote2]> > March. We can probably get an extension but.. What if not.. Will they let him[/usenetquote2]
[usenetquote2]> > wait in the Uk while this processes,[/usenetquote2]
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Sorry I was unclear on that point. What i meant was if for some reason that his
student visa should be denied and the I 130 has not been approved yet.. Would the UK
make him return to India and wait there.

Also another question to anyone. Does the K3 have to be approved or is it automatic
with the I 130 pending? Is there an interview for the K-3? And, We want to make sure
that we are reading you correctly. Even with the I 130 1st NOA, we still have to file
an I 129? We thought that was only for fiance comeing to marry here in USA.

Thanks again
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Kaushik and Tammy

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[usenetquote2]> > will this affect the I 130 that will at that time be pending if the K 3 has not[/usenetquote2]
[usenetquote2]> > been approved yet?[/usenetquote2]
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MarkW

File the I-130. They can't deny it based upon you only having been together for a week. They would have to find another substantive reason.
Mark

Michael Voight

Tammy wrote:
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Why should the UK care that he has a pending US visa application.[/usenetquote2]
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Actually, you were very clear. I don't see the issue. If he no longer has a valid
visa for the UK, then there is no reason for him to be permitted to stay in the UK.
The UK doesn't care that an I-130 has been filed.

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Yes, it has to be approved

Is there an interview for the
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Yes

And, We want to make sure that we are reading you correctly. Even
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The I-129F is also used for K-3 It is in the instructions.

Michael

Tammy

MarkW <[email protected]>
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Thanks Mark We are filing the I 130 today. Wish us luck and thanks again. I feel this
is the right way to do this also. Kaushik and Tammy