Hi Everyone! I have a k1 question

[turtle]

Hi, I've been lurking on this board for the past few weeks, as me and my girlfriend have been contemplating going the K1 route. I'd like to tell our story in brief, and then ask for some advice.

 

We met in China 3 years ago, when I was studying at a university there. Since then, I have been back 5 times, and our relationship has grown stronger and stronger. Our plan was always to eventually get married, although we preferred to wait a while. Since she was interested in going back to school, we had the idea for her to come to US as a student. This would be the best of both worlds for us-- we could be together, but we could hold off on the marriage until we both got a bit older, and had the chance to experience "dating" in a more natural environment.

 

Well, since then, I have a new job, and she got accepted into an MBA program in my city. One month ago was her first F1 visa interview-- refused within 5 minutes. Today was her second interview-- another refusal!

 

We always said that if we couldn't get this to work, we would get married. And now that we've had this terrible experience with the F1, it has only cemented our desire to be together.

 

So, here is the problem... Since she just tried and failed to get an F1, will we be able to get a K1? It seems the visa officials may look at us and say we tried to "cheat" the system. Why did we try for an F1 when we really wanted to get married? If we say we weren't ready to get married, how can they believe we are ready now? We really don't know what to do now... Wait a while? To complicate the issue, I was her financial sponsor for the F1 visa...

 

At this point, I want to send in the K1 forms today, this minute... The thought of (at least) another year of "long-distance" is so hard to bear! Do any of you have any experience or advice in this matter? I feel so stupid now to have tried for the F1, but, really, it seems so unfair to force people to rush into marriage in order to be together...

 

Thank you if you've taken the time to read this! We really appreciate any help we can get!

 

Tur&Tu

[turtle]

Hi donahso, thanks for your reply! I do hope you are right about it just being an extra question or two. I've heard stories about "visa fraud" and "permanent refusals", and have been in a bit of a panic since this refusal... If we can be together and married one year from now, I'll definitely be as happy as can be!

[skrunks]

agree with the sentiment herein. I did a lot of research before I started the K1 process, reading as much as I possibly could about it. As stated, the approval rate is extremely high. If you browse the web, you'll see any number of immigration attorneys who advertise that their success rate is 100%, even with challenging circumstances. Good luck!

 

 

"May your path be lined with the fragrance of an eternal spring"

[frank1538]

If you are in a state that must file anywhere but Vermont, you may also want to consider a K-3 or maybe getting married in Malaysia and filing DCF.  Something for you to check out.

 

Just a comment about DCF in Malaysia. Here is some correspondence between the Enbassy and me that led me to believe that DCF was not an option for me since I was not a resident of the country. Maybe I asked the wrong questions.

 

 

From: ********

Sent: Wednesday, June 11, 2003 9:44 AM

To: Klconsular@state.gov

Subject: Immigrant Visa for Spouse

 

 

My fiancee is a Chinese citizen, and I am a US citizen residing in the US.

 

My fiancee is thinking about taking a trip to Malysia later this year, and I was thinking about surprising her while she was in Kuala Lumpur. If things go as I might hope, we might get married during her visit. While I have not checked Malaysian law on legal marriages between two non residents of the country, I wanted to know, if we got married while in Kuala Lumpur, whether we could apply to the Embassy for a visa for her to immigrate to the United States.

 

If so, could you provide me with the details for obtaining such a visa or direct me on where I might find such information.

 

Thank you.

 

********

 

 

"U. S. Embassy, Malaysia" <KLConsular@state.gov> wrote:

 

Regret to advise that since we are not the immigration service, we can only accept clearly approvable cases for residents in this consular district.

 

IV Unit

Kuala Lumpur

 

 

From: ********

Sent: Thursday, June 12, 2003 7:51 PM

To: U. S. Embassy, Malaysia

Subject: RE: Immigrant Visa for Spouse

 

Thank you for your response. Yes, I understand that the Embassy is not the immigration service, but I also understand that the Embassy still permists direct consular filing. I am trying to confirm this and better understand the circumstances under which it is permitted.

 

Any additional information would be appreciated. Thank you.

 

********

 

 

"U. S. Embassy, Malaysia" <KLConsular@state.gov> wrote:

 

We can provide direct consular processing for clearly approvable cases for residents of this consular district. Since neither you nor your wife is a resident in Malaysia, we will advise that you either file a petition for her in her home country or you may approach the nearest INS office in the States in order to file the petition. For the second alternative, once the petition has been approved, the file will be sent to her home country for direct consular processing.

 

IV Unit

Kuala Lumpur

 

 

From: **********

Sent: Friday, June 13, 2003 8:47 PM

To: U. S. Embassy, Malaysia

Subject: RE: Immigrant Visa for Spouse

 

Thank you very much for the information, and I appreciate the prompt response provided by the embassy.

 

********

 

"U. S. Embassy, Malaysia" <KLConsular@state.gov> wrote:

 

You are most welcome.

 

IV Unit

Kuala Lumpur

[king]

Regarding a K-1 visa, you and your friend only have 90 days to make a decision AND get married after she arrives in the U.S. If you do not marry within that time she is required to go back to China.

 

When it comes to the past F-1 refusals I suggest she be well prepared at the interview to handle the issue of "immigration intent"at the time she applied for a non-immigrant visa. This could be a significant issue for her and you. It might make the K-1 more diffficult to be granted. As an alternative you could marry, but the total processing time is about 2 years now and it too is risky as the IV unit is refusing a number of marriage visas now. There is almost a whole a new crew in the IV unit and they are being cautious. The issue they raise for refusing is that the people have not established a "bona fide" relationship. So the more good evidence you have of your relationship the better.

 

Some paternal advice, if both of you are not sure about marriage, perhaps it would be better for you to postpone the the K-1, if you choose that route, until both of you are convinced that marriage is the right thing.

[turtle]

It's not that we're not sure about marriage. Our hesitation has mainly been due to outside issues. Proving the relationship should be no problem-- I've spent a lot of time in China these past three years, and we've been dating that whole time. It's that question of "immigration intent" at the time of the F1 that bothers me. We can honestly say we didn't have an "immigration intent", since we probably would have put off marriage until she finished school, and even then ultimately may have moved back to China together. But I know it will look shady to them... I don't know, I think these two quick refusals have really shaken my confidence in the whole visa process... Not that this visa system was confidence-inspiring to begin with!