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Questions about K1 (fiance) Visa process

Hi Everyone,

I'm contemplating proposing to my girlfriend who is a Colombiana and I have a few questions. I've been reading about the K1 Visa and it seems that that's the route we should go but our situation is a little complicated so I'd like some feedback from those of you familliar with the immigration process. The complicating factor is that she's currently studying abroad in Santiago, Chile where she's working on a Master's degree. Though she won't finish the program until December '09, we have tentative plans for her to spend most of January and February here in the states (she already has a tourist Visa).

So, the question is, does it make sense for us to proceed with a Fiance Visa right now, and get married during Jan/Feb, even though she'd almost immediately have to return to Santiago for 9 months? Would leaving the country so soon after the wedding, throw a monkey wrench in her ability to get a green card? Would we be better off just waiting until she finishes school in December '09 and getting married then? I'd appreciate any thoughts anyone might have.

Thanks in advance.

-rs1971

By rs1971 on Jun 6, 2008, 21:10 in Visa & paperwork. AddThis Social Bookmark Button


jorgegdiaz says on Jun 7, 2008, 05:24:

If she has a visa, I´d go that way. Think that if she goes in January, she MUST leave the country before the time she gets at the entry port.

There will be a nuissance with her country of residence for the interview, b/c who knows when she is going to have it and it´ll be diffcult to predict where she´s going to be (chile or Col).

"To err is human - and to blame it on a computer is even more so."Robert Orben

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Joel y Luza says on Jun 7, 2008, 08:21:

how easy is it for her to travel between Colombia and Chile? If she is Colombian, with Colombian residency, from what i understand, with the K-1 is she would just need to make it back to the US embassy, in Colombia for her interview. I don't know if you can file through the Chilean US embassy?

Look at Visajourney.com for some insight into processing times for visas and issues.

We are doing this on a K-3 visa. If you ever consider that route, just remember she will have to have the interview in the country where you marry.But if you marry in the US, then your interview would be in Colombia. If you marry in Chile, if she is finished with school, then you guys would need to make a trip to Chile for the interview. If that is the route you take, definitely marry in the US, Colombia, or the easiest country for you guys to get to for your interview... Maybe that special weekend in Camarroon may not be the best place to let the emotions get the best of you!!

Most of all, Best of Luck!!!

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johnC says on Jun 7, 2008, 13:15:

Last time i talked to my friend who is an inmigration lawyer in NY, he said that any application has to be done in the country of origin of the girl because documents must be approved by the US embassy where the act ( i mean all papers) were made.

Remember that Homeland does a double check in Washington

in my personal opinio i would consider marrying her in Colombia, that way she would go straigh forward to full access as resident and not only with the K1.

JohnC

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chester says on Jun 7, 2008, 13:27:

I would wait. seriously, wait until she has finished her studies.

also, read, read, read visajourney.com and understand clearly the visa process.

and tip, since she may file in the future for a K1 or K3 visa, make sure she gets a official police report of her time in Chile when she leaves Chile at the end of 2009.

you will need that official paper for her visa application.

she will need police reports of every country she has lived in more than 6 months since age 16 or 18.

it will be a pain in the ass to acquire it after she has left Chile.

once again, read, read, read visajourney.com

ask question there also.

there is better advice to be found there, in my opinion.

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CanadaMan says on Jun 7, 2008, 17:40:

"I would wait. seriously, wait until she has finished her studies."

I strongly disagree with Chestor.. Her Masters is going to be worthless in the USA.. Before anybody jumps on me , my Novia has a Masters and it will be worthless here in Canada.. Most companies do not recognize education outside of their countries..

If you are in love go for it.

CanadaMan


..

Formerly WidowerfromCanada...I am engaged to a wonderful Peruviana.

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chester says on Jun 7, 2008, 19:34:

sure dude, just go for it.

f the uscis, you're in love.....hahahaha

don't worry about the paperwork.

aos apps, biometrics, possible interviews, ap, ead, etc.....

f that.

and, besides, your girl sounds like a real dummy, (we all know how easy it is to get approval for graduate studies in foreign countries for colombianas),

i'm sure she will enjoy being advised to drop out.....colombianas love being told what to do.

yep, a graduate degree ain't worth wiping your ass with (not to mention the f'ing boring experience of living and studying in a foreign country.)

multinational companies hate job applicants that have travelled and have knowledge of other countries.

christ, just tell the uscis to hurry the f up and send that K1 visa right away, and tell them to include the green card too....you ain't got time for that stuff....remember, you're in love.

i forget which part of the federal immigration statutes deal with the "you're in love" category.

but, i assure you, uscis will drop everything for you both.

and, also, forget my advise about visajourney.com.

the best advice for immigration matters can be found here.

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802MARK says on Jun 7, 2008, 20:40:

On a k-1 visa, she will have to have that approved in colombia. then after she has it in hand she comes to the u.s. with you, if you guys get married then and she takes off to go back to school, then you will have problems because soon after your married you will have to go to uscis for interviews and again for fingerprints. can't remember the number of months we had to go in after we were married, but I am sure it would fall in the time frame of her being back in school. which if she wasn't there for that meeting they could void the whole thing.

even after we got my wife a green card they told us she couldn't leave the states for a long period of time or that would void it as well.

to me you guys should wait until she is out of school, start the visa paperwork about 6 months before she is out of school, that way by the time she is done your paperwork should be ready for the interview in colombia. mine took 8 months. your lucky she can at least come see you and spend a few months before going back to school. and of course makes no never mind at that point if your married or not, you both will be apart from each other during that time.

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rs1971 says on Jun 7, 2008, 22:36:

Thanks everybody for the comments. Asking her to leave school was never even on the radar - it wouldn't make any sense, especially since she's there on an all expenses paid fellowship courtesy of the Chilean government. The only question was whether we should try and 'fit the wedding in' over the time she'll be in the states during the winter. It sounds like that's probably not the way to go though so we'll probably just do as 802MARK suggests and file the paperwork such that her interview corresponds with the end of the Master's program. In any event, I'll definitely be checking out visajourney.com so thanks for that advice.

And it occurs to me that at some point I should probably get around to asking her to marry me before I get too carried away with my plans :)

-rs1971

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Joel y Luza says on Jun 8, 2008, 20:37:

hmmmm.... that always helps!! she just may change your question;)

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Mononoke28 says on Jun 9, 2008, 10:28:

I agree with CanadaMan in that her Masters degree will probably not be of much use once she gets here, but for many people it's just a personal goal they have.

It would be a lot easier for her to come here after she's done with school because timing the USCIS is not an exact science. Some times they take a few months to approve a petition and others they can take 9+ months, and this can change overnight so you'll never know for sure.

Also, regardless of what you decide to do, make sure she gets her police certificate from Chile because she will need it the day of her interview.

Diana

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ColombianoGringo says on Jun 9, 2008, 10:52:

I beg to differ. I know lots of people from Colombia and other foreign countries who've used their bachelors and masters degrees in the US and Europe. The assertion that "most companies" won't accept foreign degrees is ludicrous. I know many people with degrees from Latin America that work in major corporations in the US. US corporations are filled with people with degrees from other countries. Heck, my brother specifically went to Barcelona to get his masters instead of choosing a school in the US. After graduating, he had offers from all kinds of multinationals based in the US and elsewhere. He ended up going with a British firm.

Obviously, the field of study and the person's employment history make a big difference. Certain degrees such as Law can't be used in the US for obvious reasons, but they can still be used to get some other type of professional job. The main reason that educated immigrants can't get a good job is a lack of proficiency in professional English.

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ColombianoGringo says on Jun 9, 2008, 11:06:

Grrrr. That edit button expiring on the hour is a bit of a hassle.

In any case, I would also advise you to wait until she is nearly done. My wife and I got married when she had a semester left in school and applied for a K-3 spouse visa. The timing worked out in our case as she just took and passed her exit exams. Since you have lots of time, you might consider a CR-1 spouse visa as well. It has many benefits over a fiance visa.

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Mononoke28 says on Jun 9, 2008, 14:33:

You're right CG, the main reasons why people cannot use their masters degrees here is because either one, it is something that cannot be applied here such as law, as you said and two, they're not fluent in English. Unfortunately, most people in Colombia only focus on getting their degrees without realizing how important it is to know a second language such as English.

It would be one thing to be able to get a masters degree on something and then get a good paying job in Colombia, but the sad truth is that it doesn't happen very often.

Diana

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rjstuff says on Jun 10, 2008, 08:46:

I agree with Colombianogringo in that she should finish her masters - for three reasons.
1) It is very hard to go back to school if you quit now and it will be very difficult to get into a US school for the same program both in terms of admission and costs
2) Its always good to have a masters degree because it makes it easier to get into another masters program here in USA and perhaps a post doctorate program (Ph D)
3) If things don't work out at least she will have her masters degree to fall back on (if she were to go back to Colombia)
Its always hard to get jobs in USA without a US degree (in my experience) but others have had luck. My sister who had a French teaching certificate from Paris (France) and teaching degrees and experience in India couldn't get any teaching jobs in USA except for subbing for minimum bucks. A friend of mine with Masters in Chemical Eng. and 5 years experience in Petroleum industry couldn't get a job in USA (he finally got a Masters in Chemistry here and was able to do alright).
I myself realized that early on and did my MBA from a US Univ. even before looking for a 'proper' job. However, I myself will be willing to hire best qualified (and legal) candidates but still see others hiring US graduates first and foremost. Foreigners with foreign qualifications are almost always the last to be considered in industry.

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