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Thread: question...

  1. #1
    Hi, this is my first time here and I have a question: My fiance/fancee(boyfriend)(I'm not sure how to say it, my primary language is portuguese... sorry! and I, have being dating for over 2 years, I live in MA, he's in Brasil. We know each other for 30 years before we started dating he's 48, I'm 50 and both are divorced. He was in the USA for 4 months in 2005 on a working visa,we were justfriends back than. I've going to visit every year, and I'm citizen of this country. In 2008 he was approved by the DOL for an H2B visa again, but the cap was reached before he got it.
    We decided to get married this year(2009), so, I'm thinking of applying for the k1 visa. Can you tell me what the chances are and how long it may take?
    Thanks

  2. #2
    Hi, this is my first time here and I have a question: My fiance/fancee(boyfriend)(I'm not sure how to say it, my primary language is portuguese... sorry! and I, have being dating for over 2 years, I live in MA, he's in Brasil. We know each other for 30 years before we started dating he's 48, I'm 50 and both are divorced. He was in the USA for 4 months in 2005 on a working visa,we were justfriends back than. I've going to visit every year, and I'm citizen of this country. In 2008 he was approved by the DOL for an H2B visa again, but the cap was reached before he got it.
    We decided to get married this year(2009), so, I'm thinking of applying for the k1 visa. Can you tell me what the chances are and how long it may take?
    Thanks

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Marisete Houghton:
    Hi, this is my first time here and I have a question: My fiance/fancee(boyfriend)(I'm not sure how to say it, my primary language is portuguese... sorry! and I, have being dating for over 2 years, I live in MA, he's in Brasil. We know each other for 30 years before we started dating he's 48, I'm 50 and both are divorced. He was in the USA for 4 months in 2005 on a working visa,we were justfriends back than. I've going to visit every year, and I'm citizen of this country. In 2008 he was approved by the DOL for an H2B visa again, but the cap was reached before he got it.
    We decided to get married this year(2009), so, I'm thinking of applying for the k1 visa. Can you tell me what the chances are and how long it may take?
    Thanks </div></BLOCKQUOTE>
    Hi Marisete Houghton and welcome to the forum. first, i want to say Congratulations on your upcoming marriage.

    Are you planning to get married in Brazil or here. The reason is that the K1 visa requires you to get married here after your fiancee arrives in the U.S. under the K1 visa.

    Click here for general info on how to bring your Fiancee over to the United States and become a permanent resident.

    And this provieds general information on who is eligible.

    Once here, you would need for him to dadjust to permanent resident.

    I know this may be a lot of information. but first file the form I-129F and have the petition approved. He should be here in about a year, hopefully sooner.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  4. #4

  5. #5
    Hello!!!..this is Marisete again! Thank you for your prompt answer. I know all the steps to take for K1 visa, because I've being researching, and we have all that applies. My only concern is: He was turn down for a religious(he's a minister of the gospel) visa by the ambassy about a 1 1/2 year a go. The ambassy sugested him to ask a church to sponser him and go back there with an approval documentation from the Labor, but he's intentions ware just to attend an envitation for a confference and go back, we were just dating back then. Now, we are really puzzled,'cause, he was turned down once. And we think that if we apply for k1 and we get turned down again, we might actually have problems in bringing him in, even if I go to Brazil and marry him there. Anyways all what we want to know is, if the fact that he was turned down once can interfere with the k1 process and visa request?
    Thank you again for the answer, and patience!

  6. #6
    Waaoow, little doggie. Big problem now. Denial of a previous visa, could be an issue. The embassy will see this as an attempt to enter the U.S. fraudulently. They will first ask why you did not sponsor him for the K-1 before he tried for the R-1. Then they will ask why you aren't married already and applying for an immigrant visa, CR-1. Red flags, alarms, etc.

    The best way to show that this is not fraud it to go to Brazil and get married. Then apply for a CR-1 immigrant visa.

    A K-1 will be seen as an attemp to enter and stay illegally, as they will not believe you will get married.

  7. #7
    So long as you are able to meet the requirements of that particular visa, it shouldn't matter about previous visa denials unless they considered them as fraud or misrepresentation in some way.

    If the R1 was done in good faith and there's nothing to suggest it was denied because of fraud, I can't see why the K1 should be a problem.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  8. #8
    Thank you very much for your incoragement, you are a blessing!

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    Waaoow, little doggie. Big problem now. Denial of a previous visa, could be an issue. The embassy will see this as an attempt to enter the U.S. fraudulently. They will first ask why you did not sponsor him for the K-1 before he tried for the R-1. Then they will ask why you aren't married already and applying for an immigrant visa, CR-1. Red flags, alarms, etc.

    The best way to show that this is not fraud it to go to Brazil and get married. Then apply for a CR-1 immigrant visa.

    A K-1 will be seen as an attemp to enter and stay illegally, as they will not believe you will get married. </div></BLOCKQUOTE>

    Hi, first I want to tell this: I love your kitty, don't be so mean to it, take that gun away!
    I thank your for your concern as I have the same. But as I said in my first post: We waren't ready to get married back then, besides we ware waiting for our final divorce decree in order to take more serious step, and many other reasons!
    At least we know what to answer to ambassy in case of questions like that, we're just puzzled if we should take chances on K1, get married and apply for residency, or just forget about that last part for now.
    The only thing that is going to be hard is to have a partner/husband so far away, but we'll manage if this is the case.
    Again; Thank you

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Marisete Houghton:
    Thank you very much for your incoragement, you are a blessing! </div></BLOCKQUOTE>
    I would concur with Brit. it appears your fiancee just did not meet the requirements and was denied. No fraud and should be no problem. i do believe there is a place on the I-129G that asks whether any visa has been denied along with an explanation.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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