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  • Fiance Visa complications. Need opinion

    Hi there!

    My U.S. fiancé and I have applied for a fiancé Visa earlier this year. The petition has been approved after 5 months and the only step that needs to be finished is to get medical examination and attend to the Interview at the U.S. Embassy in London (that the origin of application), also we have all documents and papers ready and the interview is scheduled and paid for in November. However I came to the US before the approval as it was taking unknown amount of time and I couldn't finish the whole Visa process because my fiancé is pregnant and now I'm here in US on my tourist Visa to help her with her pregnancy on her last two months.

    We went to the USCIS office earlier this week and they have told us that there might be ways that we could reschedule the interview to be happening in the US without me going back to London’s Embassy. They gave us NVC's number saying they should help, after calling NVC they said they that they have no authority to do such thing.

    As another option that came across is just go ahead and get married being on my tourist Visa as we are expecting a kid within couple of weeks. We spoke to a lawyer and they said it's not the best way, because it might be considered as entry fraud (by the way, when I was entering U.S. I had zero question asked by officer so technically I did NOT lie about anything). Obviously they offered help for the price but not sure what would be their turn.

    Would that be risky in my case? - Visa is almost done, kid is almost born, my almost wife living here, in case we fail I will be banned or is there a way that will protect me and give a strong reason to believe it's not fraud or intentional?

    Could anyone please provide any information that might relate to this situation or maybe number that I could call in order to make this happened? We will also consider other options which might be a solution in this case.

    Any help would be much appreciated.

    Thank you,
    Vitali

  • #2
    Vitali,

    Marry here in the U.S. Submit at the same time, form I-130, with supporting documents and the I-485 with supporting documents. Or submit first the I-130, then wait for its approval, then submit the I-485 package, without leaving the U.S. Cancel your fiancee visa an Embassy application before starting the I-130 and I-485 procedures.

    You cannot be interviewed in the U.S. for a fiancee visa. Your attorney was being professional in telling you that there is a risk of being considered to have already demonstrated "intent" to immigrate, but you have a strong basis for countering any such suspicion.

    --Ray B

    Originally posted by VitaliJud View Post
    Hi there!

    My U.S. fiancé and I have applied for a fiancé Visa earlier this year. The petition has been approved after 5 months and the only step that needs to be finished is to get medical examination and attend to the Interview at the U.S. Embassy in London (that the origin of application), also we have all documents and papers ready and the interview is scheduled and paid for in November. However I came to the US before the approval as it was taking unknown amount of time and I couldn't finish the whole Visa process because my fiancé is pregnant and now I'm here in US on my tourist Visa to help her with her pregnancy on her last two months.

    We went to the USCIS office earlier this week and they have told us that there might be ways that we could reschedule the interview to be happening in the US without me going back to London’s Embassy. They gave us NVC's number saying they should help, after calling NVC they said they that they have no authority to do such thing.

    As another option that came across is just go ahead and get married being on my tourist Visa as we are expecting a kid within couple of weeks. We spoke to a lawyer and they said it's not the best way, because it might be considered as entry fraud (by the way, when I was entering U.S. I had zero question asked by officer so technically I did NOT lie about anything). Obviously they offered help for the price but not sure what would be their turn.

    Would that be risky in my case? - Visa is almost done, kid is almost born, my almost wife living here, in case we fail I will be banned or is there a way that will protect me and give a strong reason to believe it's not fraud or intentional?

    Could anyone please provide any information that might relate to this situation or maybe number that I could call in order to make this happened? We will also consider other options which might be a solution in this case.

    Any help would be much appreciated.

    Thank you,
    Vitali

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