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Fiancee Visa and more

I could use some help. I am a US citizen and have a girlfriend in Colombia. I wish to at some time this year propose to her. I wish to be advised at the necessary steps I need to take concerning visas and what she needs to do. She has been denied three times before from the Bogota embassy for visa status, twice on a family visa (her sister lives in the US) and once on a tourist visa. Back 10 years ago she stayed in the US for a year but did not overrun her visa. What should I do to assure that she would be granted a k visa.

Thanks,

Aaron

By allucas on Jan 22, 2007, 19:09 in Visa & paperwork. AddThis Social Bookmark Button


honey says on Jan 22, 2007, 19:22:

VISAS You need to start at www.visajourney.com
click on Forums
then on The Foreign Embassy and Consulate General Discussion
go to Colombia Club (2nd page)
and read the entire thread carefully, there is A LOT of very good and reliable information, most if not all of your questions can be answered there.

Life is what happens when you're busy making plans - John Lennon.

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calipro says on Jan 23, 2007, 02:02:

You've got problems "She has been denied three times before from the Bogota embassy for visa status, twice on a family visa (her sister lives in the US) and once on a tourist visa."

You are going to need the help of an imigration attorney to advise you the best possible way to increase your chances of getting a visa.

Denied three times for a residence and tourist visa is a HUGE red flag!

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lpdiver says on Jan 23, 2007, 04:20:

Thrice denied is no problem... My now wife had three denials. I married her in Medellin and self filed a K-3. No problems what ever. I do think spouses are given better treatment; however, that is not in the law anywhere.

t

"cook some rice!"

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Robert Jorge says on Jan 23, 2007, 06:05:

Don't just go down and marry her though - if you choose that route, without being prepared. Learn what you will need before leaving. Again, visajourney is a great site, and every notaria in Colombia will have different requirements. In otherwords, have your girl shop them to find one you guys like, and so you know exactly what they will require of you.

He who farts in church, sits in his own pew.

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allucas says on Jan 23, 2007, 16:38:

thanks for all your comments, I am still a little daunted at this moment whether I should get her up here with a k-1, do a JP thing stateside and have a formal wedding down there, that was our original thinking. However, it seems that suggestions seem to be swaying towards marrying down there first. In my heart I want her to be stateside for a bit before marriage so she can meet my friends and family.

Advice?

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honey says on Jan 23, 2007, 20:27:

FIANCE VISA You should go with the K-3 fiance visa because it really does make more sense. My cousin - the sponsor - went through the whole process and I was the one who did all the paperwork for him (she has 2 kids, he had also sponsored his previous wife) without a hitch. It's logical to want to spend time with her here in the states before the "i do's." If you follow all the directions it's pretty easy and a lot of people here on the forum will have tons of advice

Life is what happens when you're busy making plans - John Lennon.

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calipro says on Jan 24, 2007, 01:27:

allucas The fact that your girlfriend applied for other types of visas and was denied will have an impact on your case. It will raise the concern that she is just looking for a way to enter the U.S. and your petition and relationship might be put under a microscope.

How many times you visit her and how much time you have spent with her will also be a factor and whether or not the both of you speak a common language will also come in to play. The rules have changed on the financee visa and I know two guys that have had their visas denied.

Trust me you should contact Gary Bala and discuss your options before deciding to go the financee visa route.

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Robert Jorge says on Jan 25, 2007, 00:35:

Probably a typo Honey, but a K3 is for people who are already married ... not a fiance' visa. Just my opinion and thoughts on your situation allucas; are that you should be fine. A K3 - being married first in Colombia, would probably be your best bet. Like lpdiver said, she will probably be treated better as a spouse. The timeline is about the same, or just a little longer for her to get a visa than with a K1. Of course that is not considering the time you take BEFORE you are married. I agree with other posters here, in that she might be scrutinized closer than others, because of her prior visa attempts AND already having a family member in the US.

He who farts in church, sits in his own pew.

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allucas says on Feb 13, 2007, 07:20:

Follow-up It has been a while since I replied. Here are some updates to my situation. I have proposed over the phone and of course my honey said yes. We have decided to do a civil marriage in Colombia. Later, when all her papers come through we will do a real wedding. I am hiring a lawyer who is a close friend of mine that does immigration law, and he is going to help with all the paperwork. I a couple of questions about getting married in Colombia.

1) How do I obtain a Certificado de Soltería in the U.S.?

2) Besides the birth certificate and the above certificate does anyone know if I need anything else for a civil marriage in Colombia?

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Gator says on Feb 13, 2007, 09:02:

While I Do NOT.... usually recommend using an attorney as the process is usually straight forward you situation is different. The three visa denials will, INHO, raise the flag of a possible "sham" marriage. Be prepared to document fully prior meetings/visits with your novia.

1. U.S. birth certificate: The U.S. citizen, if not born in Colombia, must obtain a certified copy of his/her birth certificate, issued within the three months prior to the wedding. The certified birth certificate, if issued in a language other than Spanish, must be translated into Spanish by an official translator and must have an Apostille.

2. Certificado de soltería: is not a real problem. The U.S. citizen must present a notarized, written statement, executed by a family member or close friend who has known him/her for more than ten years, stating that he/she has never been married. It should state how many years they have known the U.S. citizen and that the U.S. citizen has never married, either in the Catholic Church or under civil law. If issued in a language other than Spanish, this statement must be translated into Spanish by an official translator and must have an Apostille. Two persons are recommended and fully ID them like ssn, dob, address.

3. Your US Passport

The notary will issue an escritura pública de matrimonio civil (marriage certificate). One piece of advice. Have you novia find the notary that will do the ceremony and consult with he or she BEFORE the wedding. Things can and do vary from notary to notary. Be sure to have EXACTLY what your notary requires.

Last but not least visit www.visajourney.com

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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