Fiancee Visa Questions

Petition Denied: What to do next?

Either visa needs the same amount of evidences. If you are living together, getting married does look better than only staying engaged. However if the relationship is long distance, getting married but still living far apart only marginally makes your relationship appear more sincere. The spousal visa takes about 12 – 14 months to process while the Fiancee visa takes only 5- 7 months to process.  In general I recommend couples whose Fiancee Visa has been denied, to apply for the fiancee visa again as it is faster.

I am almost there on bringing my fiancee to the USA! Later this month he will have his interview in Telgucigualpa, Honduras. Do i have to buy a round plane trip ticket ?  Can buy a one way ticket only? Will i have a problem with immigration if a one way ticket is bought for his trip?

A one way ticket is fine.

US Immigration understands that the real purpose of the trip is to marry you and remain permanently in the USA.

Comments: I met a lady who was a tour guide in The Mekong Delta for our group.  I did NOT have a photo taken of the two of us because I didn’t have a plan to bring her over here at that time.  Is it mandatory that I go BACK to The Mekong Delta in Vietnam to have ONE or more photos taken of us together?  This is NOT fraud…just circumstances as I would prefer to spend the air fare money to bring the lady here rather than for me to go back and forth myself.  Thanks for all the good work you do.  John 91320

The generic answer is, you could get the people who were on your tour to write affidavits and swear that you and her were on the tour together, and that they saw you spending time together. Such affidavits could be used in place of a photo to prove to prove you actually met in person.

The specific answer for Vietnam is: Vietnam is the most difficult post to get a fiancee visa from. The proof you must provide to have any chance of approval, is much more burdensome than just proving you and her were in the same place at the same time.

The HCM consulate reviewers expect you to make more than one trip, expect a long courtship before a proposal of marriage, and expect a formal engagement party, Vietnam style.

If you are serious about marrying this gal, or any gal from Vietnam you will have to put in time, effort and money.

Sorry to bring bad news, but I always tell clients  “like it really is”, even if it is not what they want to hear.

Assuming you choose to proceed (I can help you whether you take my advice more trips or ignore it)

Get more info at http://www.fianceevisaservices.com/

First: Couple has a genuine relationship (courtship). They have recently met face-to-face. They are both ‘free to marry’. They intend to marry.
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The US Citizen submits the Fiancee Visa Petition to USCIS (Homeland Security).

Fee: $340

USCIS reviews the petition and the FBI conducts a background check.

Currently  USCIS takes 3 – 4 months (on average) to complete their review and approve the case.

The case is passed on to the US Department of State’s National Visa Center, in Vermont (NVC). NVC sends the US Citizen notice they have taken over processing, and have sent it to the US Consulate nearest the Fiancee.

It takes about 1 month from the time USCIS approves till the Consulate recieves the case.

Then the Consulate contacts the Fiancee via mail, telephone, or not at all (sometimes she is expected to contact them first). She gets additional instructions and more government forms to fill out.

Usually, the interview is scheduled 1 to 2 months later.

In Philippines the process is very efficient and fast. Interviews can be arranged as fast as 3 to 5 WEEKS after USCIS Homeland Security approves. In Vietnam it may take 2 to 4 months later before the interview is scheduled.

A week or so prior to the interview, she attends a medical at a clinic approved by the Consulate. The clinic fees vary between $150 to $200.

Also, prior to the interview, she pays to the Consulate a visa application fee of $350. This is typically paid at a local bank, post office or at the consulate.

At the interview she will be asked to present identification documents, forms required by the consulate, an Affidavit of Support and income proof from her US Fiance (showing his income is sufficient) as well as proof of her ‘bone fide’ relationship with the sponsor. The consular officer asks various questions to confirm (in his opinion) that the relationship is genuine.

The decision to grant the visa is normally made ‘on the spot’.  Her passport and visa is returned by courier usually within a week of the interview.

The visa is good for 6 months. She must start her journey to the USA before the 6 months is over.

Once she arrives in the USA she has 90 days to marry her Fiance, or return home.

After marriage, the final step is to apply for Adjustment of Status to be approved for permanent residency. The couple submits yet another important petition to USCIS (Homeland Security).

Filing cost is $1,070.
Doctor’s review of her Vaccinations $100

After about 1 month she visits a USCIS office for fingerprinting and photo.

Finally, 3 to 6 months later, she gets her Green Card which proves she has permission to remain permanently in the USA.

If your Fiancee or Spouse has young children, the question always is: Do we apply for Mother and child at the same time, or is it better to bring the Mother to the USA first, then apply for the children later? It costs extra money to petition for the children, and new couples want  ’private time’.

Petitioning Later, is a much SLOWER process

What most couples do NOT know, is that petitioning for the children later, is a much SLOWER process. Currently the wait is 3 to 4 years. The time needed, is based on changing annual immigration quotas.  And until recently it was even slower: 4 to 8 years. What it will be next year is not yet known.

Don’t  separate Mother from Child

As a matchmaker I advise any new husband who hopes for a happy marriage,
to avoid separating a mother from her children for such long times.

The most important thing to know, is that if the children are eligible,  their permission to enter the USA will be approved JUST AS FAST  as the Mother’s visa is approved. If however, the  Mother enters the USA, and then the children are applied for, the time needed for approval for the Children is much longer. Depending on the the country they are coming from, the current delay is about 3 to 4 years, from the time the mother applies, which is AFTER she gets her Green Card.

The reason Mom and child together are processed much faster than Child alone is because of who is the official sponsor of the petition. If an American citizen sponsors his Fiancee and her child, or his new Spouse and her child, the US Government extends to the US citizen a ‘courtesy’ by expediting his request. Fiancee visas currently take 5 to 8 months, and Spousal visas take 12 to 14 months. For the husband and wife these seem like long times to wait. But as far as immigration is concerned these are quite fast processing times. The American citizen whether he appreciates it or not, is getting special treatment.

No Expedited Service for Legal Permanent Residents

After the mother has entered the USA, marries and receives her Green Card, she is now a ‘Legal Permanent Resident’. She is allowed to live in the USA
but she is not a US citizen. If the children are applied for later, it is NOT the
US citizen step-father sponsoring the petition, but it is the Mother who is THE official sponsor. Since she is only a ‘Legal Permanent Resident’, she is not entitled to ‘expedited treatment’. Her request is lumped in with all the other brothers, sisters, parents, cousins, etc from her country who want to immigrate to the USA. Each year quotas are set for how many immigrants from each country are allowed in. Each year the quota changes, and each year the processing delay time varies up or down.

Fiancee Visa Petition easily includes Children.

The Fiancee Visa petition is specifically designed to easily include dependent children (under the age of 21).  There is no extra charge when filing the I-129F petition to USCIS ($340 with or without children). The children get approved as quickly as it takes for the mother to be approved, only 5 to 8 months. The child does not have to travel immediately with the mother and can join her in the USA up to a year later.

Spousal Visa is NOT Child Friendly.

The Spousal visa CR-1 is a request for immigration, for one person only, the spouse of the US citizen. If there are also dependent children to immigrate (under the age of 18), the US sponsor must submit additional I-130 petitions,
one for each person (Mother plus each child). The cost is $350 to USCIS per individual. The petitions if submitted together, should be processed and approved together, in only 12 to 14 months. The child has 6 months after issuance of the visa to enter the USA.

I recommend:

Include the children at the time you apply for the mother. Don’t start your marriage off on the ‘wrong foot’ by separating mother from Child.

Due to its faster processing time, and its ease to include the children, I recommend getting engaged, applying for a Fiancee Visa, followed by marriage in the USA. If  ‘alone time’ is needed, the children can begin their trip to reunite with the mother up to a year after her Fiancee visa is granted.