Update on K1 visa for fiancee and K2 attachment for son

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dale7

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Apr 18, 2002
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I have been asked how everything is going and this is the honest truth. Applying for visas are more time consuming and there are a lot more background checks and verification of documents, and I am a little disappointed. I have a good lawyer who is reasonable but BCIS(formerly known as INS) is so backlogged and is now a branch of homeland security. Nebraska(where they process all immigration documents) is running behind and I have my 1st set of papers in but no response yet. Earlier when I obtained the lawyer I was advised that probably around September/October my paperwork would be all done and I assumed that would mean they could come here then but it now looks like my paperwork won't be done until around Jan 1, give or take a month either way. I didn't understand that I would also have to wait for the DR to interview Yesenia and approve her visa and that would probably be 2-3 months after BCIS sent their approval. So I am bummed out because if I am lucky she will be here around February, more likely around April, and if I am really unlucky and fate doesn't like me maybe even up to June of 2004.

So I am traveling this September 2003, almost for sure Sept 9-16/17 because I can't wait that long to see Yesenia and little Howie again. I will be staying in San Jose de las Matas at her family's home for most of the trip but will take her for a couple of nights by ourself to Puerto Plata/Sosua area and stay at a nice hotel. Maybe I will run into some DR members:)
dale7(Howard)
 
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kjdrga

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Mar 25, 2002
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When dealing with BCIS you will need more patience then ever imagined. What you should be doing in the meantime is have your paperwork ready for your interview in the DR. I would highly suggest you be present when they interview Yesenia. You will need to take every evidence of proof that you have had an on going relationship, save every plane stub, hotel reciepts, pictures, money transfer papers.

For some the process moves smoothly for others there are lots of bumps in the road. Once you receive your first receipt that they received the package you are well on your way down the road to more and more waiting. Once you receive the approval notice (meaning they will be forwarding your case to Sto. Dom. consulate) DO NOT lose that approval notice you will need it for everything to do with BCIS from that moment until she goes to apply for permanet residency and possible might need it to apply for citizenship.

And just don't think that once she has your visa that you are done....oh no....you will not only be married to her but also to BCIS for the next 3-5 years. So get used to dealing with them and waiting...

GO luck, just stay focused....and make those frequent trips so you can get through this waiting period!
 
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monaco09

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Jun 4, 2003
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Why bother with a K visa? They are abused and therefore watched carefully. Since you have to marry shortly anyway, just do it.

Then bring her in and adjust status once she is here. There is almost nothing to a marital visa (well, paperwork, health check etc.). It certainly isn't difficult. She will have a work/temp. residency in a few months. 15 months later residency/green card.

I feel your pain on a fiancee visa, but it seems an odd choice.
 
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MommC

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Mar 2, 2002
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Hmmmmm.......sounds too easy to me!!

My son was living and working in the US on a legal work visa. Came home to visit with his American girlfriend and due to political events was refused entry back into the states even tho' he had a valid work visa (having lived and worked there over five yrs w/house,car,dogs etc.) he was told by the border crossing guard that it wasn't an "entry" visa so was only good while he was actually IN the US!
To make a long story short he got finally got in several weeks later (having made arrangements with friends to look after his house and dogs until he could get home to Atlanta) on a fiance visa - got married - hassled with INS (now BCIS) for five years BEFORE he got his permanent residency..........!!

Note that even tho' he is married to an American and has his legal residency he must now wait five years before being able to apply for citizenship which could take two to three years after he applies and in the meantime BCIS told him any illegal activity on his part and he's GONE (he works for a large fortune 500 co. so he's not planning on doing anything illegal- however it points out that even with a permanent residency it's NOT really permanent!)
 
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monaco09

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Jun 4, 2003
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It does take a while for residency but who cares? You are given a work visa right away, then two years of conditional residency, then residency. Who in their right mind would want to become a US citizen? Earn the right to pay tax even when you no longer live there? Worst deal on the planet!!!

As to the entry stuff, they are correct. And they warn you very clearly not to leave the country without getting the appropriate permission. This is an easy form (a few bucks) and you are set to go. Nothing to it. He is lucky to not have had his application thrown in the trash at that point. That is what they are supposed to do. Start all over again.
 
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MommC

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Mar 2, 2002
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All I know Monaco is that he'd already paid his immigration lawyer over 10G's

(they were handling the renewals of his work visa,the application for residency etc) BEFORE he came home. They told him not to worry about it that since he'd travelled frequently to the States since birth (we have family-his uncles, aunts, cousins etc there) he wouldn't have any problems _WRONG!!! (but I must admit it was just a few days after our "leader" had set up a trade agreement with Castro during an "official" visit to Cuba!:) )

Anyhow ......he's there and loving it!! And now can come home whenever he wants.............
 
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nidioswife

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Mar 3, 2002
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K-1 Visa

Don't give up on the K-1 .. From what I have heard about marrying and bringing her over on the K-3 visa is just as long of a wait.. Why do that?!


I bourght hubby over on a k-1 visa 5 years ago.. well worth the wait.. You have forever to be together.. yes it's REALLY hard being apart... (TRUST ME.. we were apart many, many years).. BUT it also will continue to grow your bond! Enjoy your time with her when you go visit..

I use to visit DH monthly.. I hated the distance.. but like I said.. we now have FOREVER together, and it was well worth it.. Don't give up!

JenNY
 
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