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  • AHalow
    replied
    Hopeful,

    Its hard to say with the limited information provided, but it sounds likely to me that you may have to apply for a waiver (sorry!). I think you may be dealing with a situation that could require you to talk to an attorney; there is actually more than one potential problem here (there is a bar for violating student status, but another possible bar for visa over stay. If you have travel bar problem, you may have to get married before you can apply for the waiver of it, which would mean a marriage overseas).

    I know this is a little cryptic, but hope it helps. I do think you probably need to at least talk to a lawyer, because again it sounds like there could be more than one potential issue.

    Good luck!

    Alex Halow
    www.k1fianceevisas.com

    Leave a comment:


  • hopeful
    replied
    thank you feedme for your reply...yes i am married...that question was regarding a friend of mine and by the way he is from Morocco too.
    I know your guy is from over there too..
    when he arrived to the states they did not let him in..they sent him back to Morocco and asked him to file from over there because he was on a visa student here and he did not have all his hours or something like that...
    I am just wondering if beside filing for AOS he will need a waiver or no.
    Thanks again for yr reply

    Leave a comment:


  • Feed Me Please
    replied
    LOL, AHalow, I think that is more like A..ngel w/Halo instead of Alex Halow. Thank you my guardian Angel. I will do as you say............but only after I post to the question above me . Have you started celebrating your weekend early , lol.

    To Hopeful,

    You are right, a K-1 (Fiance Petition) is for when you are not married yet, a K-3 is for when you are married.

    Now, if you are married, you CAN NOT file the
    K-1. This is intended for Fiancee. I take it you are already married, if so, sorry. NO, I don't mean sorry that you are married, lol, I mean I am sorry, but you can not file the K-1 if you are married .

    Good Luck!

    Leave a comment:


  • hopeful
    replied
    one question please guys :
    K1 iS FOR FIANCE AND k3 IS FOR MARIED ???

    Am I correct ? What if you are married and want
    to file K1 since it's less of a headach, IS IT
    DOEABLE ??

    Thanks

    Leave a comment:


  • AHalow
    replied
    Thanks, FMP! Now, get back to your bed-rest!

    Leave a comment:


  • Feed Me Please
    replied
    Mr. Halow is right when it comes to Mexico NOT doing DCF's.

    Website you can find this information, thanks to Billiedance :

    http://k1.exit.com/dcf.html

    Good Luck Joann. Trust me, I know the feeling of just wanting to fly over there and bring the fiance's home. Really wish it could be that way , but then life just wouldn't be as exciting would it . Hang in there.

    Leave a comment:


  • AHalow
    replied
    Hi Joann,

    The bad news that that is the BCIS part of the process, so its a five month wait at this point either way just for the approval. How long it takes after that depends on whether it gets sent directly to the consulate or to the National Visa Center, and how busy the consulate is. You can possibly speed things up a little bit by requesting that the BCIS "cable" the relevant consulate upon approval of the I-129F Petition. There is a form for this (I think I-824, but might be mis-remembering), and you can submit it with your application. However, there is a hefty fee that goes with this ($140). If that is too much money, you can try two other routes: (1) write in an "informal" request for cable notification to be sent in your submission letter and on the I-129F form itself, where it asks where cable notification should be sent (Have to say, though, that BCIS generally ignores informal requests--though not always) or, when the application is approved, fax a request to the embassy asking them to open a "provisional file" for your fiancee. I would have your fiancee contact the consulate ahead of time, though, just to see if this is available.

    One other possible option I don't know that I've mentioned before is Direct Consular Filing. That would be a way for you to get married, then file your paperwork directly with the consulate. Could potentially cut the BCIS out of the whole process. Thing is, it is not available worldwide, and I would be very surprised if it was available in Mexico (I figure the consulates there would be absolutely inundated with requests if it were), so I do not mean to get your hopes up needlessly. Might be worth looking into anyway. I think there was a post here recently that included a link to an informal site posted by and immigration attorney in Texas that listed the countries that offer DCF. However, you could also have your fiancee inquire about it at the relevant consulate.

    Good luck.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    i will try contact you later! I dnt have a pencil on me to write down your email. Mine is jotanner246@yahoo.com also.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    I still don't know anything! Its so driving me crazy!! I want to go jump on a plane and go find him and bring him back!! I keep checking on airline prices for me to go there but i am not sure what i would do once i got there! I feel so helpless and am so restless! I just wish I knew something for sure either way. But i will do whatever i have to do for us to be together. If he doesn't come back, i keep a check on plane tickets for thanksgiving and for christmas to fly there. I would find the money and go now, but i am afraid that maybe hes on his way here and i will miss him! I don't want that to happen. And too I don't want to go by myself unless he knows that i am on the way and so that he could pick me up at the airport. I don't want to be on a "wild goose chase" alone in Mexico!
    I wondered if he didn't show anyone his visa upon leaving, and if he came across the desert, could he just be considered out of status and then whenever we get married just adjust status. I am pretty sure that the visa is cancelled. He hasn't called his boss anymore other than that 1 time. I worry that things are bad where he is. I just keep praying and hoping for good news.
    And thanks for keeping me in your thoughts! ya'll are in mine too.
    I hope to have good news to share really soon! And hopefully yall will have some good news too about husband! And a mexican restuarant sounds really good to me right now! Im hungry! lol

    Leave a comment:


  • Cooleststarlight
    replied
    I know good lawyer if you need help - contact me at cooleststarlight@hotmail.com

    Leave a comment:


  • Guest's Avatar
    Guest replied
    Joann - just jumping in to see what the latest is with your situation. I've been thinking of you and in fact told my husband about you yesterday - we had lunch at a Mexican restaurant which reminded me.

    We are a little b u m m e d; there is a party this weekend to celebrate 1 year of our friend's receipt of his green card (he's from Venezuela) and my husband is still waiting...

    Leave a comment:


  • Guest's Avatar
    Guest replied
    so at your best guess, how long do you think it will take before he will be allowed to come here on either visa? Is the 5months time that it will take before they will review the application or time that it will take for it to be approved and issuance of the visa? Just wondering how long it will be before we can be together for good.

    Leave a comment:


  • Guest's Avatar
    Guest replied
    thanks! I am hoping to go visit him in Mexico if he doesn't soon come back here. Thanks for the advice!

    Leave a comment:


  • AHalow
    replied
    Your BCIS Service center for the K1 visa is Texas. Texas is currently working on K1 visa applications recevied on or before April 11, 2003 (roughly a five-month backlog).

    If you go the K3 route, you will send the spouse petition to Texas, but the K3 application will be processed through Missourri. The Missourri center is currently reporting that it is working on applications received on or before April 17, 2003. However, this appears to be a "retrograde" (where the center goes back and starts working on "left over" applications from an earlier time) because last month the center was reporting that it was working on applications received on or before July 14, 2003. So, it is possible that these times will move forward more rapidly than Texas; then again, they might not.

    On balance, I think you are probably better off with the K1. My reasoning for that is that the current processing times are almost identical, and with the K3 you would have to travel to Mexico and get married before you could start, whereas with the K1 you can get moving on it pretty much right away. Also, the K1 is more straightforward, so you are less likely to make a mistake on the application.

    Hope this helps; best of luck to you.

    Alex Halow
    www.k1fianceevisas.com

    Leave a comment:


  • Guest's Avatar
    Guest replied
    i live in North Carolina

    Leave a comment:

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