k3 status

[Guest paulbarry]

If the first guy reported to Immigration that the marriage had terminiated, wouldn't they cancel the visa anyway?

 

Given that she now back in China, it's hug risk that she'd get on the plane, arrive at Immigration here and find out the her visa is invalid...

The visa cant be cancelled if it is issued

Sorry Joecool, you have this one very wrong.

I visa is not a guarantee to enter any country,

only a formal invitation. Permission to enter a country,

again, any country, is only given by the immigration

official at the point of entry, eg: the airport.

Also, a contry can cancel any visa at anytime, and in fact

a country can also cancel naturalised citizenship if they

choose to..

 

remember this sipmple rule, if you were not born there,

they can do anything they want.. International law.

 

Paul

(citizen of USA and Australia, permanent resident of China

and waiting patiently for my fience's visa to USA for 11 months,

should have applied for an Australian visa, takes less than 60 days)

[Guest paulbarry]

There is another consideration about her returning to China. How long has she been there? If it's only a short time, there shouldn't be a problem. The longer she is there, the bigger the problem can become. At the one year point, she is presumed to have abandoned AOS and will need a reentry permit. This would also be true if she had a 2 year green card.

 

This really muddies the water. Where does she reside? US or China? It's not a question of where she wants to reside - her actions speak louder than words.

 

Another question. What happens if she filed AOS based on her marriage to Husband A and now she has Husband B in a 6 or 12 month period? If she married on a US visit on her K-3, she could file another AOS based on marriage to Husband B.

 

At this point there are too many red flags for me. If I was the adjudicator, I would find that neither marriage was bona fide and deny adjustment.

It is important here to know the prime objective of American immigration laws, and they are very similar to British, Austalian and other laws.

The prime reason to allow spouses to immigrate is to allow citizens

to choose their genuine spouse regardless of the country they were born in.

 

The main reason for all the paperwork and delays is to prevent fraud.

 

Because almost all western countries know there are millions of people

that would love to immigrate, they put them through a very thorough test

to make sure there is no fraud. In essence, they don't believe a word your

spouse says until you prove she/he is not lying.

Yes, they are very guilty until they prove their innocense, this is the same

in most western countries. the major difference is that the USA takes it

to a new extreme, while Britain and Australia can process fiance and

marriage visas in about 60 days, USA takes a year or more.

I married a girl from Nigeria in 1998, she died in 1999 from TB before

she could get a visa, and treatment for a very curable disease in USA.

There was no reason for the dealys, this was pre-9-11 and as far as

I know there are not many 25 year old female terrorists from Nigeria.

 

It is all political, if the US government dislikes a country, the process is slow,

if they like them, it is fast.... The policy comes from Washington, countries

are put in one of 4 categories, Nigeria is 4, China is 3. Brazil 2 Australia 1.

The more people in a country that want to leave, the harder it is.. simple.

 

The big problem is simply, why does it take so long ?

The answer is also simple, they want to discourage people from

desperate countries, the longer they delay, the more that give up..

 

In fact this is the officiall policy of all Embassies and Consulates,

delay, discourage, frustrate, and it will discourage the visa seekers.

 

Paul Barry

[keelec]

I married a girl from Nigeria in 1998, she died in 1999 from TB before

she could get a visa, and treatment for a very curable disease in USA.

There was no reason for the dealys, this was pre-9-11 and as far as

I know there are not many 25 year old female terrorists from Nigeria.

 

Paul Barry

Paul,

 

I am sorry to hear about your loss. I am sure that that is was very hard for you. TB (nicknamed "Consumption") is a horrible way to die, especially where there might have been better multi-drug treatments in another country.

 

Of course, once the disease fully manifests itself, it is hard to treat anywhere. Thus, there is now a tremendous effort to prevent the disease and detect it early. Any treatment normally requires a multi-drug regimen given for over 6 months.

 

I know that there is supposed to be a special class of visas for acquiring medical treatment. I am not quite sure how those are regulated, but I would hope they could be prioritized so that treatment could be given when it is necessary.

 

However, I would wonder whether the USA would allow someone to come to the USA if the TB had hit her lungs. It certainly wouldn't be safe for someone with Pulmonary TB to hop on a commercial airplane with 300 other people. I know one of the big things for fiancée/spouse visas now is that they must have chest x-rays to demonstrate that the person does not have pulmonary TB.

 

That sad thing would be if she ad acquired the TB while she was waiting for the Visa.

 

----- Clifford -----

[keelec]

Yes, they are very guilty until they prove their innocence, this is the same

in most western countries. the major difference is that the USA takes it

to a new extreme, while Britain and Australia can process fiance and

marriage visas in about 60 days, USA takes a year or more.

 

Paul Barry

 

Yes,

That is exactly my point. It just doesn't make any sense for the US to win the race for being the most complicated system that takes the longest time to complete…..

 

Ok, perhaps it would be ok to be the longest by a few weeks, but it is just incredible that it could take us over 5 TIMES as long to process the visa.

 

Actually, I would be happy if the US could make a commitment to finish, say 95% of the visas in 6 months (not excluding any posts for this commitment).

 

----- Clifford ------