inquisitive40

[QUOTE]Originally posted by M.A.
Can you elaborate on how a non_US spouse my enter without immigrant intent?


Let me interject here...
FIRST: DO NOT try a K-1, you are legally married, if you lie to USCIS, at any point for the rest of your life in the US your wife may get deported. All it would take is a call to the US embassay by someone you may have crossed or even a jealous friend.
Repeat DO NOT file a K-1 and deny you are already married, it will bite you in the ass down the road.
SECOND: There are no credit checks by USCIS, they are just interested in your income being able to support your spouse so as the US will not be faced with supporting her, totally not related to any credit checks.
I don't think any of us can stress enough the need for honesty with immigration, I know right now you are panicing trying to get your wife back into the US,,,, DON"T panic and end up with her getting a 10 year ban on top of the mess you are in.
Hoping you all the best and quickest AOS possible
Patrick

Joachim Feise

M.A. wrote on 7/23/2004 20:04:

    > I am not sure if it is relevant or not, but I want to make it clear that the
    > marriage paperwork was done in Europe at the local city hall. Hence, I don't
    > believe there is any record that we are married that can make it risky to
    > file the I-129F. I realize that this is not entirely "kosher" but I am
    > trying to get her here as soon as possible. This has been devastating this
    > early in our marriage.

Absolutely *never* lie to US immigration officials. Period.
Hiding a material fact such as that she is already married can result in
a permanent ban.

-Joe

Joachim Feise

M.A. wrote on 7/23/2004 19:47:

    > Thanks for answering Joachim.
    >
    > Yes, her parents both have a GC.
    >
    > I am not sure what you mean by consular processing.

See http://www.visalaw.com/04jun2/2jun204.html

-Joe

Andrew DeFaria

Joachim Feise wrote:

    > Absolutely *never* lie to US immigration officials. Period.

Overweight immigration official: "Does this uniform make me look fat?"

Your answer? :-)
--
The 2 most common elements in the universe are hydrogen and stupidity.

L D Jones

M.A. wrote:
    > I am not sure if it is relevant or not, but I want to make it clear that the
    > marriage paperwork was done in Europe at the local city hall. Hence, I don't
    > believe there is any record that we are married that can make it risky to
    > file the I-129F. I realize that this is not entirely "kosher" but I am
    > trying to get her here as soon as possible. This has been devastating this
    > early in our marriage.

This could make things very difficult later. Why take such a risk to
save time now to risk her deportation or denial of entry later?

Ray

I believe you can file as a non resident citizen in Belgium ... but will entail you going there for the interview at least...but check this with the Embassy
http://www.usembassy.be/consul/immi/howfilepet.htm

meauxna

Only for the "interview" that is turning in the I-130, normally.
Seems a pretty straightforward choice. Quick and clean.

Ray

Yup that is what I meant...

Ranjini

Looks like DCF in Belgium would be the best bet. Four to six weeks sounds very good indeed. The OP should make inquiries ASAP. Read the following:
http://www.kamya.com/intro/dcf.html#BE

Ranjini

And even better this one, that states non-residents can file DCF in Belgium:
http://www.usaimmigrationattorney.co...countries.html

Ap

In article <[email protected]> ,
[email protected] says...
    > Can you elaborate on how a non_US spouse my enter without immigrant intent?
    >
    >
    > "AP" <[email protected]> wrote in message
    > news:[email protected]...
    > > In article <[email protected]>, member16206
    > > @british_expats.com says...
    > > >
    > > > 1) No, she will be denied a visitor visa because she is married to a US
    > > > citizen, and thus is seen as having immigration intent.
    > >
    > > Well...I dont know all the regulations ... and based on the NG postings
    > > it seems that most ambasies deny visitors visa to the US citizen's spose
    > > but I see a lot of situations that non_US spouse may seek possibility to
    > > enter US WITHOUT immigration intent.
    > >
    > >

Sure .... for example bot US citizen and spouse live abroad and non_US
spouse is going to the US for vacation or business trip - you live and
work abroad and you have NO INTENT to immigrate. I do not think that
vacation in the US has any immigration intent no matter if your spouse
is US citizen or not.

In your case it is harder to prove it .... since I assume that your wife
does not work in Belgium.

I would think that you can not go with finacee route since you are
already married (doesnt matter if it was in Belgium or in the US).
Besides if your wife enters US on finacee visa she would have to marry
you within 3months .... and I dont think you can get remarried (since
you would have to state if you are married or not already when you apply
for marriage certificate..... and you are married.

I would think that K3 process is the route that you should look at.

You mentioned something about entering US on turist visa and doing I-485
In my opinion it would be very ... VERY ... VERY risky since you have
been married by the time your wife enters US and I485 in this case rises
question if your wife was planning changing status (and this is illigal)

AP

Bluegrass Lass

So, it looks like the best thing for you to do is fly to Belgium, set up a time (if an appointment is necessary) to go to the US consulate there and file the I-130 for your wife directly with them. Before you fly over, just make sure you all relevant docs in order, and make copies of them (always good idea to make copies). If what others have said about the timeline are correct, your wife can be back in the US about 4 to 6 weeks after that.

DO NOT FILE THE I-129F FOR A FIANCE VISA!!! SHE IS YOUR WIFE! DO NOT LIE!

Ranjini

Both need to be present to file... I don't believe the US citizen even needs to be there for the interview. These are things he should check, however.

Import Broker

"Andrew DeFaria" <[email protected]> wrote in message
news:[email protected] ervers.com...
    > Joachim Feise wrote:
    > > Absolutely *never* lie to US immigration officials. Period.
    > Overweight immigration official: "Does this uniform make me look fat?"
    > Your answer? :-)

My answer would be: "Let me introduce you to Weight Watchers" <grin>


    > --
    > The 2 most common elements in the universe are hydrogen and stupidity.

Import Broker

What is the current delay for processing an I-130 for a petitioner in DC and
then the delay for doing it in Belgium? I know the official numbers state
one thing, but what time frame are we talking about really?

Thanks.

"inquisitive40" <member26099@british_expats.com> wrote in message
news:[email protected]...
    > 6) You will have to be in good standing with the IRS, so you need to
    > file your back taxes for previous years. I do believe that most
    > I
    > believe the above answer is correct BUT I think that the tax returns
    > are more to prove your income, you may owe taxes etc and that really
    > would not be an issue, as long as you have declared them.
    > An option
    > here would be to file using pay stubs and a cover letter to show why
    > you may not currently possess the paperwork of your back taxes.
    > Again
    > you need to prove you have 125% of the poverty limit for where you
    > live.
    > There is no easy way for your wife to return to the US, is a
    > REAL pity you did not ask these questions when you got married. Did
    > your lawyer not adivce you of what to do? Maybe you were worried
    > about unpaid taxes and did not tell him?
    > As others have said K-3 is
    > or DCF are your two choices here and both can take a while with the
    > DCF normally being the quickest.
    > Patrick
    > --
    > Patrick
    > Posted via http://britishexpats.com