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Visa HELP!!!

I need some advice, please... this is the story:

I met a Colombian gal (from Pereira) a few months ago. We met in Miami, then again in New York, and then she flew to California. She has a visa to travel. A couple of months ago i went to visit her in Colombia and we got engaged. She has a son who doesn't have a visa and she went to Bogota today to apply for a visa for him to travel. Long story short, not only did they deny that request today, they also stamped her visa for no travel : (
Apparently they saw where i had sent money thru Western Union for her so she could fly to Bogota and stuff, and took hers away. I am traveling there tomorrow for a week and then she was scheduled to fly back to U.S. with me for a couple of weeks. We were thinking about actually getting married when she was in U.S., and then petion her son. But, now she cannot even travel outside the country. I don't know what to do??? What my options are????

Thanks for any help or advice........

Joe

By jpcanon on Oct 30, 2008, 10:33 in Visa & paperwork. AddThis Social Bookmark Button


vicshere says on Oct 30, 2008, 10:38:

hummmm Pereira you say....hummmmm

listo

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guacharaca says on Oct 30, 2008, 10:44:

You are asking too late. Applying for a visa for her child is a red flag for them. She probably let slip the word "engaged" too thinking it might help. The only reason they gave her a visa in the first place is because they knew she would return home for her child. She can still travel outside the country, just not to USA. Unfortunately you now have to get in line with everyone else and for wait a fiance visa.

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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jimmymcc says on Oct 30, 2008, 10:55:

I can only tell you the system that works in london and I know 3 friends who have done it, you must get married in Colombia first,then they will allow your wife to travel, it may be a few weeks later but they have no problems,
as you know a lot of colombians marry for visas so they are making the system a pain in the ass, but stick with it if you think she is the one.two of the people I know were not legal when they lived in the uk so returned to get married and now live in the uk.
I dont know what the system is for the usa, why not phone and ask the embassy what are the do's and dont's.then you decide the next move.if she has a kid and you are not the father, then she will need a letter from the father allowing the kid to leave Colombia.I did a lot of work for Colombians in London ie homeoffice visas etc, but what ever you do make sure its all legal as it will come back on you.hope this helps.

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ColombianoGringo (Moderator) (Trustee board) says on Oct 30, 2008, 11:03:

The system for the US is nothing like that for the UK.

Unfortunately, there is likely little you can do to fix the situation in regards to her tourist visa.You will have to apply for a fiance or spouse visa for her and her child.

One option is to apply for a K1 fiance visa through the USCIS. This process normally takes around nine months to a year these days. Assuming she is granted the visa, she would then travel to the US and you would then have 90 days to get married.

The other option is to get married in Colombia and then apply for a K3 or a CR1 visa. The K3 will take about the same amount of time as a K1 whereas the CR1 would take a few months longer but has some benefits over the K3. Regardless of the visa she applies for, her child would normally receive a corresponding visa. However, she must have the permission of the child's father in order to take him/her out of Colombia.

My suggestion would be for you to visit VisaJourney.com. That site has guides, FAQs and forums related to spouse/fiance visas.

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lpdiver says on Oct 30, 2008, 11:07:

Your options...

Marry her and move to Colombia and apply for direct consular filing when you meet the time requierement.

Apply for a K-1 visa and get in line.

Apply for a K-3 visa and get in line.

Dump her and move on.

ts

"cook some rice!"

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jpcanon says on Oct 30, 2008, 11:09:

I guess i can try calling the U.S. Embassy in Bogota. We didn't realize asking for a visa for her son would end up in them pulling her visa.. I suppose a fiance visa is probably the next step- is that even a guaranteed thing? I'm guessing that wuill take forever.... what a bummer...

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ColombianoGringo (Moderator) (Trustee board) says on Oct 30, 2008, 11:13:

A fiance visa is not a guaranteed thing and as I said in my previous post, it normally takes around nine months to a year.

You calling the embassy about her tourist visa will likely accomplish nothing, but you have nothing to lose by calling. The visa section only accepts calls on Wednesdays from 2PM to 4PM Bogota time. You can reach them at 011-57-1-315-1566.

Make sure to visit VisaJourney.com. It is the best resource on the web for fiance/spouse visas.

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guacharaca says on Oct 30, 2008, 11:29:

I can be cruel because I am objective, but consider lpdiver's last choice. I used to be a student of Tom Leykis (101), and his advice about single mothers' certainly applies in Colombia. The Embassy in Bogota may have done you a big favour in the long run. You should not be marrying anyone with a child until you have lived with them for over a year (in Colombia).

Colombianos: Las armas os han dado independencia, las leyes os daran libertad. (Santander)

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ColombianoGringo (Moderator) (Trustee board) says on Oct 30, 2008, 11:35:

Ha Ha. I'd never heard of that Leykis 101, but I looked it up and there is some funny, but true stuff in there.

Tabasco Sauce - After having sex pour Tabasco sauce into the used condom. >>

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jpcanon says on Oct 30, 2008, 11:52:

Seems like the options will be a fiance visa or marry in Colombia and then go that route. I will definately look at visajourney.com I may cosult a "visa" or "immigration" lawyer when i am in Colombia in the next couple of days and see their thoughts- not ready to just dump her, that's for sure....

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ColombianoGringo (Moderator) (Trustee board) says on Oct 30, 2008, 11:56:

Don't bother with an immigration lawyer. For most fiance/spouse visa cases, they are totally unnecessary. You will end up paying someone $1,500 plus to fill out some forms and mail them for you.

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jpcanon says on Oct 30, 2008, 12:10:

Ok gotcha- thanks CG I will just go to Colombia tonite and spend the week with her and deal with what I have to do when i get back to the U.S. i guess there is really nothing i can do to facilitate anything while i am there in Colombia, anyway....

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Agmed says on Oct 30, 2008, 12:17:

Sounds like you are going to get married much sooner than you may have planned.Sure hope you know her well enough.

Everything that is new or uncommon raises a pleasure in the imagination, because it fills the soul with an agreeable surprise, gratifies its curiosity, and gives it an idea of which it was not before possessed.

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lpdiver says on Oct 30, 2008, 12:18:

Know her a few months and ready to get married are we? I was being a bit facietious with my dump her and move on comment (HEY it IS an option).

However, I would take my time on the marriage bit.

You do know about being financially responsible for her and her son should you get divorced...don't you?

Also, will the lads father agree to let him leave Colombia?

You have a lot of research in front of you.

Two months is not very long to know someone. Also not judging the lady but she left her son behind? There are a lot of details missing.

THe fiancee visa in not a guarenteed thing; but, unless she has a criminal history, a history of prostitution, or lying to USCIS (unlikely as she had a visa) it is a probable yes.

You DID ask her if she had ever been a hooker or druggie didn't you?

Go to the USCIS websight and read over the application form carefully and you will know some of the things you need to do and can do them together while you are there next week.

I married a paisa and did all the work myself after a well known immigrations attorney told me to dump her and find another one that there were plenty of them out there! He felt she had too many insurmountable problems.

Good luck,

ts

"cook some rice!"

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ColombianoGringo (Moderator) (Trustee board) says on Oct 30, 2008, 12:22:

There are actually a few things you can do. You can start collecting documents that you will need if you decide to file for a K1. Of course, this is only if you are ready to proceed. Otherwise, this can all be done in the future.

The most important thing for you to do now is to take lots of pictures with her and save all your travel documents, boarding passes and receipts. You will need these in the future to document your relationship.

You can see a list of what you will need here.
http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guid...

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ColombianoGringo (Moderator) (Trustee board) says on Oct 30, 2008, 12:25:

Hmm. I just reread your post and saw that you've only known her a few months. On second thought, take your time. You should still take pictures and save your travel receipts, etc. just in case, but don't move forward too quickly. This is the most important decision of your life and there is no reason to rush it. Good luck.

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scumbuster says on Oct 30, 2008, 12:55:

Wouldn’t be a bad idea to make a list of things to collect for now or later. You will need a couple passport photos of both her and her son. Pictures of you both together. Phone records of you calling. Tickets to Colombia and boarding passes. If your at a hotel keep the receipt with dates.

Like was stated before. If you rush into this and it doesn’t work out, it will be just like a divorce American style. You will be financially responsible for her and her son as long as there in the USA up to??? Not really sure how long but it’s quite a while… Years…… Better to take it slow and make a number of visits. You know your intentions but only she truly knows hers.

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jpcanon says on Oct 30, 2008, 13:01:

Thanks for the site and the well wishes....

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jonas says on Oct 31, 2008, 10:45:

If she would not have had her visa revoked, it would have been illegal for her to get married in the US I understand.
Why do you guys get married when you barely know the bird? No sex until marriage? ;-) what´s the rush?

Mi alma se la dejo al diablo

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Bluesdude says on Oct 31, 2008, 12:38:

Hombre! I second and third, etc. all the folks on here about waiting to get married. I would wait at least a year. If she pressures you and threatens to leave, take the hit and let her leave. There are really some very beautiful, honest women in Colombia that already are making a living and don't need you for that.

A guru once said, "the mind is like a drunken monkey." If that's true, then my mind is an orangutan on a binge

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kevinincali says on Nov 1, 2008, 07:59:

I spoke this morning with a personal friend in Texas who is also an immigration attorney. If you have done much research on immigration, marrying a foreign national and then getting that person into the USA, you know that:
1. The process can take a long time.
2. Definite, verifiable knowledge is hard to find.
3. The rules change faster than the source of the information.
4. Free advice is worth what you pay for it in most situations.
5. Doing it yourself can be done but if not done exactly right can result in delays and some considerable expense getting a lawyer to get you back on track.

I know personally of a person who was deported from the USA because she couldn't appear in person for a scheduled hearing. A lawyer could have prevented this.

PM me if you need to consult with an experienced immigration lawyer licensed to practice in all 50 US states.

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scumbuster says on Nov 1, 2008, 09:30:

Any time delay could work in his favor giving him more time to know her. In the 9 to 12 months plan lots of trips to see her. Even some unanounced.

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Jlove says on Nov 3, 2008, 09:30:

I just completed the K1 visa 2 weeks ago. You can finish it in 4 to 5 months if yourdown load the form off line. Packages 3 and 4 are on the colombia website so you can have you interview about a month after the papers are finished on the US side. The USA side takes about 3 months.

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jpcanon says on Nov 5, 2008, 17:57:

Jlove- that sounds fairly fast. You are filing to bring from Colombia to U.S.? I live in Orange County, CA. and someone said to use another office- friends address in another state-because the Los Angeles or Santa Ana USCIS offices may take quite longer due to many Mexican immigrants applying for various things- not sure if that is true.... In Pereira now and having a nice time...

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scumbuster says on Nov 6, 2008, 03:52:

I wouldnt recomend using another address to file in another state. There are enough hoops to jump through without making more for yourself. It could end up making it longer if they realize what your doing. It is true that the your in the longest processing area of the USA but I would use that to squeeze in a couple more trips to Colombia ;)

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jpcanon says on Nov 11, 2008, 08:39:

Just got back from Colombia (Pereiera) Sunday night I am filing the K1 Fiance Visa request today- have been working on it for days! I want to thank all, especially Colombiano Gringo for the referral to www.visajourney.com That is an invaluable site!!!!

Joe

P.S. will be going back for Christmas....

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