FIANCE NEEDS ANOTHER VISA??

Crazy4Cali says on Jun 28, 2006, 13:54:

I dunno... ...but I would bet that if she comes to the U.S. on a tourist visa and says she's here to get married she will be denied entry. Also if she says she's here "just to visit Disneyland" and they find you you had a relationship, she could, in the worst case be denied entry, have her tourist visa revoked, and/or deported for coming to the U.S. under false pretenses.

I'm not a lawyer, but, if it were me, I'd pay the money and get a fiance visa just to keep everything on the up-and-up. You might get away with it, or you might not. If she already has a tourist visa, then the K-1 is almost a slam-dunk, assuming you have a half-way decent job. Is it really worth the cost of the K-1 visa to take the chance she'll be denied entry or deported?

BVIZ says on Jun 28, 2006, 14:10:

Thanks for your opinion, I know you're right, just needed to hear from someone. The only thing is that I'm afraid it would take to long or that it won't be ready (k1 visa) for my wedding in december, and like I said before, she has a visa until 2008 and she was here already and she didn't overstayed. But, I am going to look into the k1 visa and see how long it takes. As of my job, I do fine, is that part of the application?? How much do I need to make???

Gator says on Jun 28, 2006, 14:24:

Cuidado!!! This Could BeConsidered Visa Fraud Were I in your situation, I would avoid the end-run. You really don't want to give UCIS a reason to deny residency. They can make life really miserable, and at the end of the day, what legal recourse will you have should they bar her? They state pretty clearly that visa fraud can bar an immigrant for 10 years or life.
Moral indignation with the Immigration Service does not work. You would have to have a very well prepared story and a six months wait before you marry to so it would not appear she entered on B2 visa with the intent to marry.

Your two best options are:

K-1 visa and marry in the USA after entry
K-3 spouse visa marry in Colombian and she enters as the spouse of a US citizen.

"SIC FRIATUR CRUSTUM DULCE. OBESA CANTAVIT."

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

BVIZ says on Jun 28, 2006, 14:36:

THANKS... I ALSO START LOOKING INTO THE K3 VISA. BUT DOES THAT MEAN THAT I WOULD MARRY HER AND COME BACK ALONE TO START THE PROCESS FOR THE K3 VISA?? HOW LONG IS THAT?? IS THERE ENOUGH TIME TO PROCESS ANYTHING FOR DECEMBER??

utopiacowboy says on Jun 28, 2006, 15:37:

You can certainly do what DonGringo suggests and it will probably succeed. Nevertheless I would just marry her in Colombia and get the K-3.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

Crazy4Cali says on Jun 28, 2006, 16:35:

For a broader survey go to Visa Journey and see what some of those people say. They have a much broader audience when it comes to visa questions.

Like I said, the worst case scenario is that she might get in just fine on the tourist visa but then get tossed right back out on at the AOS interview when they start asking questions like:
"How long have you known each other?"
"When did you decide to get married?"
etc. to try and establish that this is a real, bona-fide marriage and not a "green-card" marriage or visa fraud.

If you answer in a way that makes it look like you're trying to pull one over on them and take an unauthorized short cut, they could decide your wife was trying to cheat the process, send her back, cancel her tourist visa, and put her on the 10-year waiting list.

Or not.

You pays your money and you takes your chances with the USCIS.

After you look up VisaJourney, spend a couple of hundred for a consultation with a good visa lawyer to get an official read on your plan.

BVIZ says on Jun 28, 2006, 19:53:

Thanks, i'll research more, but can I get married in Colombia and bring her with her current visa and show the certificate with a valid notarized translation, or should I re-marry her here in front of a judge to use that U.S certificate for the paperwork process???
Like I said I know her for 3 years, I've visited her many times, and she has been going with me a lot of times to see my family in Ecuador. I am a US citizen raised in Ecuador, I also have pictures, receipts and orders that I have placed in the US to be delivered to her house in Bogota, I guess what I'm trying to say that if I have to proof something, I have records. Also the DOD or government knows of my travels to Colombia since I have reported all the people that I see and contact in Colombia due to my job and my clearance. Well, I guess I'm off the subject a little bit!! But, can anyone please give an opinion of using the colombian certificate or re-marrying for the use of the american certificate????

thanks....

Miguel_Clavo says on Jun 28, 2006, 19:54:

Only a fool or a broke person would follow advice on something that important, possibly criminal, and could result in your future wife banned from the US for 10 years, from an internet forum and from people you dont know??? I guess you will get what you paid for, thats for sure! People never cease to amaze me.....get a competent immigration attorney in your state.

Just my opinion...

Miguel_Clavo...faltan 3 días...Colombia es pasión!

"F.A.R.C..S.U.C.K.S"

"I would rather die living life, than to live a dying life."........ Oh, and my PM is always ON. Great Bumper Sticker: "Home of the Free, Because of the Brave"

BVIZ says on Jun 28, 2006, 20:05:

by asking for opinions, it doesn't mean that I followed them, is just a discussion to see what people have done before or if anyone went through the same scenario. But I apreciate positive or negative advice, an advice just makes you think more it does not make the decision!! but thanks for all the concerns and opinions from the forum!!
this forum is very useful for someone like me that don't know the rules or guidelines concerning colombia and immigration!!!

Crazy4Cali says on Jun 28, 2006, 20:35:

A wedding is a wedding As far as proving you're married, the official document from whatever country you got married in will do.

As far as a marriage certificate impressing the immigration official at the point of entry, well, that's another matter.

I would bet dollars to donuts that if you came from Colombia to the U.S. with your (new) wife, her tourist visa, and your (new) marriage certificate, she would be denied entry.

But that's just me talkin'.

Crazy4Cali says on Jun 28, 2006, 21:01:

Just what I thought.... I was curious about this, not that it applies to me, but I was looking for some after-the-fact corroboration.

According to Visa Journey arriving on a tourist visa to get married is illegal. This thread describes essentially the same situation as the original poster. (you may need to register to read it).

Basically the legality hinges on arriving in the U.S. with the intent to immigrate.

If someone comes to the U.S. as a visitor, meets someone they have never intended to marry (never met would probably be better), marries them. That is legal.

If they return before the time on their I-94 says, that, too, is legal. (while you begin the K-3 process for your wife).

If they stay and file an AOS, that might be legal, if they can prove that the foreign citizen had no intention to immigrate when they entered. (that might be tough).

If they stay past their I-94 time, and don't file for an AOS, that, is obviously, illegal (however common).

If you know the person you marry before you arrive, it could be legal, but you'd have a heck of a time convincing the USCIS that when you came in on the tourist visa, you weren't planning to come here, get married, and stay.

So, if you're planning to get married in the U.S. in December, you should probably start filing your I-129F yesterday, if not sooner.

BVIZ says on Jun 28, 2006, 21:03:

I certaintly won't do that!! Actually my plan was to get married, go to a honeymoon in the caribbean go back to Colombia, she would stay there for a week and I would come back. She needs her space to spend the holidays with her family and get organized with her things, then she would come to the US since she has a visa and can come up when ever she wants to. Then we'll research or decide was the better option, to use the colombian certificate or get an american one!!! The last time she was here, at US customs, she was a given a year visa to stay in the US..and she never overstayed......she has family here in the US.
So, certainly I would not try to impress anyone, I'm just trying to be practical, specially when all the arragements for the wedding in Colombia are almost done!!
Thanks Crazy4Cali for all the time that you are taking for helping me!! And by the way, I have to go to CALI,I was told is beatiful, so far I love Bogota and Cartagena, thats why I'm buying an apartment in Bogota for vacation!!

utopiacowboy says on Jun 28, 2006, 21:22:

Entering the United States on a tourist visa with the intention of getting married is illegal. Do people do it and get away with it? Certainly. However they better make damm sure that when it comes time to AOS they have their stories straight and don't say that they came here with the intention of getting married. It has to be a spur of the moment thing. If she comes here on a tourist visa and tells them that she has a US citizen spouse, I'd bet a few donuts myself that she is denied entry. Plenty of such tales of woe on Visa Journey.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

pamda54 says on Jun 28, 2006, 21:22:

Fiance visa I am a US citizen and met a Colombian man online 26 months ago. We plan to marry and we just completed the fiance visa process. It really wasn't that bad. I used an immigration attorney but after I've been through the process I don't think it's necessary. We sent the visa petition to USCIS on 2/16/06 by overnight delivery and they received it 2/17/06. They approved my petition on 3/14 and it was then sent to the National Visa Center (State Dept) in RI. About a week later I received notice that my petition had been sent to the American Embassy in Bogota and on 4/5 my fiance received his first set of documents. He sent two forms back and was then sent a second package with additional instructions of what he needed to bring to the interview at the American Embassy and was given an interview date of 6/22. At the end of the interview on 6/22, he was told his visa had been approved and the next day he was able to pick up his passport and visa. This process could have been shortened by 3 weeks since he did procrastinate a few weeks. Before starting this process, I was going to Colombia and get married there but was told by several Colombians and immigration attorneys, the best way to do this was to bring him here on a fiance visa and get married here. I was also told that if we married in Colombia, our government would not recognize the marriage and he would have to remain in Colombia while I came back to the states and started paperwork to bring him over as my husband. I was told by the attorney this is a much longer process than the fiance visa process. As someone who can relate to your situation, I hope this information helps. pamda54

pamda54

Crazy4Cali says on Jun 28, 2006, 21:22:

Well, it might work.... but I'd talk to an authoritative source before putting any deposits down. If the inspector at the POE doesn't buy her story, she can be denied entry even with a valid visa.

According to another post on Visa Journey:We consulted two different attorneys. They said that if you get married within the first 30 days of the 90 day period, it is presumed fraudulent. If you get married in the second 30 days of the period, it is presumed valid. If you get married in the final 30 days, it is presumed valid with a stronger presumption.Also, one attorney told us that he performs this type of I-485 adjustment of status regularly, and it is straight-forward, unless they stamped NAOS (no adjustment of statu) on the visa waiver (I-94).
Of course this doesn't apply to the original poster since they already have a three-year relationship.
I don't know what the current timelines are, but when I filed the I-129F for my fiance, last year, going through the slowest processing center in the U.S. and dawdling every step of the way, I still had my fiance in the U.S. six months after I sent in the first round of paperwork. Some people were boasting three months time. If you live in the N.E. U.S. you could probably get her K-1 in three or four months looking at the processing times (the time it takes for the application to be processed. Add another 2-3 months for the NVC and the embassy to figure out the total time).

Crazy4Cali says on Jun 28, 2006, 21:33:

The only problem is... ...with the USCIS, you're guilty until you prove you're not.

and they are also the judge.

From what I've read on Visa Journey, I'm not sure there's any more background check then they already do (they did one on me 'cause I saw it on the screen during the interview at the embassy).

What was holding up the works was that the USCIS was waiting for the form to send out that complied with the new law. They have the form, they are sending them out, so the backlog should break soon, if it hasn't already.

That said, six months might still be on the optimistic side, depending on where you have to send your form.

utopiacowboy says on Jun 28, 2006, 21:37:

Pamda54, my Colombian marriage is recognized by the US government. The K-3 process for a spouse is not much different from the K-1 process in terms of paperwork or speed. As a matter of fact, very few spouses of US citizens come here as either K-1s or K-3s. Almost 90% of them come on some other visa, like a tourist visa, marry and adjust. So, yes, it is very common especially for Canadians and Europeans.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

Fionalatina says on Jun 29, 2006, 02:51:

The best way to do it... I have had every kind of visa and now I am a U.S. citizen. The best way to do it is once you guys get married, you need to register your marrige in a notary (this if you are getting married by the Catholic church). Then go to the American Embassy in Bogota and get all the paperwork to apply for her residency. If you have everything you need (taxes of the last three years, afadavit of support and birth certificate) and apply that day for her visa she will be getting a new appoinment one more later (the husband doesn't need to be there) and that day she will get her visa.

Trust me, it is the easiest way. I have had tourist visa, student visa, then my husband applied for my fiance visa but we were going to get married in Bogota already when I got the paperwork back, so we did and I got my "Conditional residence" because we had been married for less than two years. Once she gets the residency she will get an envelope that CANNOT be oppened until she gets to the U.S., once there they will send her to the Emmigration office to stam her passport until she gets the green card but with that seal she will be able to get a SSN, driver's licence and will be able to work if she wants.

I hope this answer your question. Good luck!!!

Fiona

Fiona

Fionalatina says on Jun 29, 2006, 02:58:

Something else... She doesn't need a different visa to marry you in Colombia... no fiance visa or anything. You will need to follow the Colombian guidelines for marriage. I am sorry I do not have the requirements here but if you want to get married by the Catholic church she can begin going to the ... I forgot the name but is the big church down town Bogota and request what will you need to married a foreigner... let me see if I remember a little (mine was in 2002)... the letter of the church where you go saying that you took the pre-nuptial course, baptism letter, birth certificate... and if case of civil wedding just go to a notary and ask for the same requirements "para casarse con un extranjero. Good luck...

Fiona

Fiona

FredGarvin says on Jun 29, 2006, 06:10:

Something Not Mentioned.... (At least I did not notice)...

K1 (fiancee/non-immigrant visa): IMBRA laws have caused some turmoil for this process. EVEN if you do not specifically fall under the IMBRA umbrella, the entire process has been affected for applications recieved AFTER March 6, 2006.

K3 (spouse/non-immigrant visa): Same as with the K1 visa, petitions recieved AFTER March 6, 2006 are being held up by IMBRA.

Alternative ---

CR1 (spouse/immigrant visa): Originally was a long process, but entering with an Immigrant Visa has advantages. Update -- this process has been taking LESS or EQUAL amount of time as the K3 (because the K3 is being affected by IMBRA). VisaJourney also offers "shortcuts" for the CR1 process --- perhaps can be completed in 4-6 months...

My personal situation is that my wife and I currently have a K3 visa applicaiton processing since March 8, 2006 (yeah --- 2 days after the IMBRA deadline of 3/6/2006). The last time it has been "touched" by USCIS was on 3/27/2006 --- with no word on what it's current status it.

Since this time our I-130 was approved in late May. So.....We began the CR1 visa process concurrently with the K3. Again, view the guides, shortcuts, and timelines that are EXPLAINED IN DETAIL at visajourney.

Hope this helps,

FG

utopiacowboy says on Jun 29, 2006, 08:57:

Here is the hazard of taking advice off the internet.

Fionalatina was correct about the process back when she got married in 2002. However as of July, 2003 only US citizens who have resided in Colombia for 6 months and have a cedula can apply directly through the US embassy for their spouses. In other words if you live in the US, the process she outlined is NOT available to you.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

Crazy4Cali says on Jun 29, 2006, 08:59:

Also... ...remember that the laws and policies change over time. What worked last year or two years ago may not apply today. e.g. the Direct Consular Filing example cited by Fionalatina worked in Colomba two or three years ago, but now, only applies if the US Citizen has lived in Colombia for more than 6-months.

Also processing times change over time. Sometimes they are torturously slow, other times, surprisingly fast.

Like everything to do with Colombia, it's all about risk assesment and risk management. Since the price of failure in this case is not being able to get your wife into the country for 10 years or more, then rushing to meet a six-month deadline without following the proper procedure (as defined by the USCIS, not by common sense) would, to me, seem rather perilous.

Remember that the POE inspector can deny her entry even if she has a visa and, if they so decide, they can revoke her visa at anytime.

Ten cuidado, mijo.

Crazy4Cali says on Jun 29, 2006, 09:00:

hmmm... another case of great minds thinking alike :)

Crazy4Cali says on Jun 29, 2006, 11:53:

It's the government Remember, we're talkin' about the government, so logic and common sense don't have to apply. This is especially true when trying to figure out immigration law. There was an article in a local paper here about, basically, it's so convoluted that even the USCIS and immigration lawyers can't always figure it out.

You hear stories of illegal and other out-of-status people getting married and adjusting status just fine, and turn the page and there's a story of someone born in the U.S. being deported because they can't prove their mother was here legally 30 years ago. Read some more and you hear how this person's fiance didn't have a problem visiting on a tourist visa while another's was denied entry at the Point of Entry (POE) because they were coming to visit their fiance.

The only thing these stories have in common is that it's almost impossible to draw any generalizations that might apply to your specific case.

It's quite possible that you'd have better luck marrying (and then keeping in the country) someone who is out of status than someone who is here legally on a tourist visa.

Gambling and taking a risk is hard enough when the playing field is level and the odds are somewhat consistent. With the USCIS, however, it's anyone's guess. You'd have better luck guessing roulette numbers than the outcome of some of these "exceptional" cases.

For me, I would rather bet on the K-1, which is about as close to a slam-dunk as you'll find in the government, than take my chances on some status conversion that has a higher element of risk and uncertainty.

Success with the K-1 amounts to basically filling out the form correctly and waiting.

BVIZ says on Jun 30, 2006, 10:32:

Thanks everyone for all the comments or advice that was shared in this forum!!! I was clueless about the whole VISA thing. I have to think about everything that was said here. I will post a message with the outcome and hopefully everything will be fine. And I will share some pictures from my weeding. For now, I will consult with a layer and I'll keep everything in mind, no matter what, I will get married and bring her here!!! Now I have to concentrate in getting all my papers ready for the end of July, I'm going to see her and finalize the plans and take the required classes that I need for the church!! Thanks again..... I'll be checking this forum often!!

Crazy4Cali says on Jun 30, 2006, 11:33:

Good luck! Good luck with your wedding and all the paperwork that surrounds it.

In my experience, it has been more than worth the effort. I guess it's for that reason, I don't want to see anyone else screw up the paperwork and have to be separated from their wife as a result. I know that would be very tough for me to endure.

BVIZ says on Jul 11, 2006, 15:27:

UPDATE!! Thanks for all the help, I decided to get married in Bogota, on 6/28/06. So, I will bring back the marriage certificate translated to english with all the seals (apostilla). We've decided to keep the date of 12/9/06 for the church wedding, so i'll be starting the process of the K3 visa as soon as mid August, I already have a lawyer and we'll see how everything goes, the worse that might happen is that she might have to wait until beginning of next year to have all her paperwork done!!! I think is safe and worth the wait!!! BUT DOES ANYONE KNOW SOMEONE IN BOGOTA THAT WILL TRANSLATE DOCUMENTS INTO ENGLISH??? NAME??? PHONE#????

THANKS....

utopiacowboy says on Jul 11, 2006, 15:41:

The US embassy has a huge list of acceptable translators: http://bogota.usembassy.gov/wwwstrns.shtml

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

lawyerincolombia says on Jul 14, 2006, 09:15:

Lawyer in Cali Colombia I am a certified lawyer in Colombia. My name is Carlos Arturo Dorado and I can help to you about inmigration and legal problems in Colombia.
I am located in Cali Colombia.

Best regards:
Carlos Dorado
http://nicelatinladies.com/abogado.html