View Single Post
Old 09-10-2014, 09:03 AM
waves's Avatar
waves waves is offline
Legendary
 
Join Date: Aug 2006
Posts: 10,329
15 yr Member
waves waves is offline
Legendary
waves's Avatar
 
Join Date: Aug 2006
Posts: 10,329
15 yr Member
Default

Hi Ginnie,

Honey, you do not want a visa denial. It will make things that much more difficult. Whatever you do, make it something you feel confident will be approved. Get legal advice if you have to, before... not after you are denied.

I feel for you with all this crud. It's just not fair.

I know what you mean, I am a bit younger, but still past the "marrying age" if you know what I mean, and really not looking. I am happy for you.... just hope it will work out, somehow, and somewhat fast.

Can I toss a few questions at you, to get the situation better?

--- Did I get you correctly, that K1 allows a cosponsor (your son could), so the income requirement would not be an obstacle?

--- Does your man have a passport?

--- Has he ever been to the US before (if so, under what visa)?

Eventually, if you guys will live in the US, he will have to apply for permanent residence a.k.a. a "green card". It doesn't make him American, it only gives him right to live in America.

Entering US with K (fiance) visa gives him a fiance status that is contingent upon marriage w/in 90 days. It enables him 1) work and 2) to apply for immigrant status (green card) after marriage. If he doesn't marry within the time period his status lapses. Once a person is "out of status" they cannot reacquire status other than by leaving the US and re-entering.

Entering US with B (visitor) visa gives him visitor status. He can marry but he does not have to. He cannot work and cannot apply for green card. If he marries, he must request change of status in order to do anything else.

Change of status is tricky. The law has fixed time periods where they presume an intent to immigrate/change status was already present or absent. You want to be in the neutral zone, or in the presume-intent-absent time period, before you appoly for change of status. Similarly, getting married could indicate a premature intent to change status. It would be best to get married once you are in the "neutral zone", unless there is a plan for you to return to Jamaica. I saw a lawyer about this... an immigration lawyer... that's who told me. But it was years ago and laws change and get tweaked. That's why you need a lawyer for this.

K-1 I agree would be the "cleanest" way to go forward. If your son can cosponsor, I would do it that way. His adult family does not enter into that at all. It's mostly a formality, but your son will be responsible should this man fall ill or something.

If you go K-1, bear in mind, there could be a wait for the visa. The other problem is once he is in the US, and the green card processing is under way, he might not be able to travel... or might not be able to get BACK into the US if he does, until processing is complete. You'll need to find out about that.... whether he can be fly back and forth or not with a K visa.

I will keep you in mind, and keep on hoping for the best for you.

waves
waves is offline   Reply With QuoteReply With Quote
"Thanks for this!" says:
bizi (09-10-2014)