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can you help please SAMMY ??

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  • can you help please SAMMY ??

    Sammy hi, i liked the way you explain things.I need a favour from you. I posted a question on May 26, 2002 about I-129 f can you read that and give me your opinion please??
    The topic is CAN ANYBODY HELP ME WITH I-129 F PLEASE ? posted date MAY 26, 2002
    Thankyou very much

  • #2
    Sammy hi, i liked the way you explain things.I need a favour from you. I posted a question on May 26, 2002 about I-129 f can you read that and give me your opinion please??
    The topic is CAN ANYBODY HELP ME WITH I-129 F PLEASE ? posted date MAY 26, 2002
    Thankyou very much


    • #3
      You'll have no problem with, my friend.


      • #4
        Thanks umesh but i am a little worried that the date the BCIS asked was NOV 2000- NOV 2002 and the last time i saw her was oct 21 2000, which the date of my visa was, How can i get a visa for the dates they are asking me?


        • #5
          TO: YONAS @ KEBERO

          INS's position is completely right in yr case when they are asking you for a proof of yr meeting with yr wife for the periord between Nov. 1,2000 to Nov. 1,2002 because law requires you must have met yr wife in person within the 2 yrs immediate preceeding the filing of this fiance petition, which you did not complied. Even though you are in continues touch with yr fiance and provide her financial support/help or call her regularly basis or have pictures/correspondence etc all kind of proofs to establish the legitimacy of this fiance relationship, but you did not meet the main/prime requirement of meeting her in person within two yrs of filing the said petition. In addition, it won't do any good in yr case even if you write to INS explaining them that you are just little 10 days more over in order to meet this requirement, as you know very well that law is law. However, law provides exception in this situation to waive this requirement for you if you can prove that you can not meet her in person to meet this 2yrs meeting requirement because of EXTREME HARDSHIP to you (because of yr health or ongoing education which hard to take pause, certain types of works wherein you are not allowed to take off) or your fiance's traditional customs or laws in her country prohibit you guys to meet in person before marriage, like some islamic countries have these types of practices. Otherwise, you have no chance to get approval on yr "said" filed petition even if you vist or meet her now, but your this presumed forthcoming meeting or any future meeting with yr fiance would meet the said requirement for yr next petition if you choose to file after the denial of this(pending) one. However, you should know that if your said filed petition is denied then it would be denied "WITHOUT PREJUDICE", which means you can always file again as long as you can meet all the required reqirements for this petition.

          Nevertheless, being a USC, you have some other options also which you may choose, so let me break it down - (1) As i said earlier, you can refile the fiance petition if the pending one is denied as long as you can meet all of its requirements. (2) You can marry her in her country and file the 1-130 alongwith application of K-3 visa in the U.S. You don't need advance approval on I-13O in order to get K-3 visa because K-3 visa is only desinged to let spouses of USC to enter to U.S. so that they can live and stay with their USC spouses while their applications are processing, as well K-3 visa allows them to seek work permission (EAD) also untill their AOS application is adjudicated. So, you don't even need to worry how long it will take to process I-130 in Texas. Once, INS approves K-3 visa petition, they will send you a notice of its approval and to the US embassy in yr to-be wife's country to issue her visa. After that, embassy will contact her and she needs to go thru FBI background check as well must be medically cleared. I would say tha it will take roughly 4-6 months miximum. (3) You can marry her in her country and file the whole paper work at the US embassy at her place, which usually takes 12-18 months average depending which country she is from and how much is the embassy's work load there. But, you must know that whatever way you choose from above said options, she must be cleared thru FBI background checks, medically clearance, as well she must not fall in other grounds of ineligibility to enter U.S under any section 212 of immigration law, which would make her application to be denied, but she can able to get waiver on those grounds because of you having been her spouse a USC.

          Hence, i don't see any problem in yr case to bring your fiance to U.S., but you need to wait. I am just wondering that why did you fiance application only on Oct 31,2002 when you were already a USC on Dec, 2001. Second, how come you did not visit her after that even though you were allowed to even if you had pending application for naturalization. Well, i don't know about yr circumstances, but if i were you i would have visited her every six or a yr at least if i really in love and what more amazed me is that you visited her only once in almost 3yrs. Well, as i said each person's situation is different. If you have any more further concerns in yr case you can always post here since there are lots of people can help you , but i won't be available from tomorrow since i would be away (out of country) on vaccassion for time being and i want you to know that i have tried my best to you and others to help to the best of my abilitity.

          At last, i can understand your frustrations, pains, worries, and excietments, and matter of fact, i would be in the same situation if i have fiance(specifically a female) out there because i can not imagine to live without her even a single day, and if i were you i would have stayed over there close to her as long as all these craps (paper formalities) are completed unless yr work or financial situation are prohibiting you to stay close to her. As it says that "if love is true then it can wait to blossom". Good Luck and take it easy.


          • #6
            I don't think the post by "Umesh Passi" was Umesh.


            • #7
              You are not correct, it was me.


              • #8
                Sammy thankyou very much for your help. I've got the best answer to my question. God bless you in every part of your life.


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