Alternative to Fiance visa

[davidbitt]

Hello All,


I started my journey for a latin women approximately 4 years ago. I came across this group 2 years ago and have gotten some great feedback. Although, the last time I posted was 2 years ago, I have still been very active in my intentions.
I fell in love with a women from Colombia almost 2 years ago. We were finally able to obtain her tourist visa and now her and her son travel to the USA every 6 months (3 times). The last time Shirley and Mario were here we got engaged  and we are going through the fiancé visa process for her next arrival.
My concerns are, I am not feeling very confident that they are going to approve me after my security review. I am 53 years old and 20 years ago I was convicted of international drug smuggling (cocaine, Brazil, Peru) and served 8 years under the draconian Rockefeller drug laws. I have been home for 12 years and I am a microbiologist with a life that is total opposite from when i was younger.
My insecurities come from, the processing time is 1 month outside of the normal timeframe. I finally was able to speak with someone (very helpful) at the vermont facility where our paperwork is being processed, and today I received a response stating that the delay is because of pending required security checks. Shirley and Mario are coming to the USA in December on a one way ticket, you can feel my concern.
Question #1: If we are not granted a fiancé visa because of my past, can she travel to the USA on her tourist visa and I marry her here and go through a different process to keep her and her Mario with me?
Question #2: Will they let her enter the USA in December on her tourist visa? Will they have information that she is in process with a fiancé visa or denied the visa?
Maybe, I am being paranoid and everything will workout, but I just want to have a plan ‘B’ in place.


Thank you in advance,


David

[InnocentVixen]

I would suppose she already having her tourist visa and been in the states to visit you a few times along with the length of your relationship would speak volumes of your good intentions.


Your emergency plan sounds illegal (getting married while she is visiting on tourist visa) why risk it? specially with a child around. Have you considered getting married in her country if you are denied?


I must admit your record along with the word Colombia sounds pretty bad, but it was long ago and you have so many positives that hopefully it will balance out.


PS. you guys make a beautiful couple, good luck~

[davidbitt]

Hola,


Thanks so much for your response.
I do not want to do anything that is illegal. This is why i am asking about LEGAL alternative ways to bring my loved ones to the USA. You are saying that it is illegal for us to get married in the USA if she is here on a tourist visa? Even if we marry after her being here for at least 90 days and then us filing legal paperwork for her to remain in this country?
If we do not get our fiancé visa, is it better for me to travel to Colombia and marry her there, and then do the legal paperwork for her to return to the USA? i am only weighing my options if the fiancé visa process fails for us. I may be being inpatient and everything is going to be fine with our fiancé visa….but I always anticipate a "[snip] storm” and I feel one coming.
Any experienced advise is greatly appreciated.


Kind regards,


David

[Ray]

 
How old is her son?
 
Your easiest option would be the K-1/K-2 fiancee visa for her and her son. I don't think a past felony conviction would necessarily disqualify you. They are more concerned about any criminal record of your fiancee.
 
If you are disapproved:
 
Plan B:  Marry her down there and apply for a spouse visa and a step-son visa together (2 petitions).
 
Plan C:  If you decide to try the visitor visa and then marry her here, I would definitely wait at least 90 days before marriage like you said.
 
Good luck,
 
Ray
 

[davidbitt]

Ray,


Her son Mario is 13 years old. I agree the best way to go is K1….I will remain patient and positive : ) ….."Tranquilo" she always tells me.
I appreciate the advice and I will update the site with my progress. Thanks again everyone.


Kind regards,


david

[bcc_1_2]

Your easiest option would be the K-1/K-2 fiancee visa for her and her son. I don't think a past felony conviction would necessarily disqualify you. They are more concerned about any criminal record of your fiancée.

Assuming people are non-biased I'm sure what you wrote above is true. I would agree that he should probably try and dot all his "I"s and cross all his "T"s with the K1 but even then what we do in our past can come bite us in the ass. I've never read anything like this before and have no idea if he'll pay the price for his past with an immigration struggle as well.
He's looking for some reassurance and answers here. His case is unique and he'll just have to find out.

[vikingo]

For David's peace of mind, maybe a one time consultation with an immigration attorney would be in order. I don't think people can be continously punished after they paid their debt to society, but only a qualified attorney would know for sure.
To me this case sounds pretty begnine, a two year relationship leading to marriage, the lady has been legally in the U.S. tree times already, she didn't overstay her visa, she is in good shape. Checking out David because of his felony record may take a little longer. The last thing I would do is break any immigration laws.

[davidbitt]

All,


I appreciate everyone’s thoughts on my issue. I have been following this site for the past couple of years and I can truly feel the sincerity in the people that are dedicated to this community. Now that my life is in-line with what this community represents, I want to participate more with my experiences with the immigration process and my everyday life with a foreign bride. Hopefully, I might be able to  help someone and give them the insight, knowledge or support that they need.
Vikingo, I do want to see an attorney, and I will if I am denied because of my felonies, but I need to be patient. I do not want to be the guy that is asking all of these questions about “what if this happens”. Like you said, the processing time may be taking a little longer because of my past….that is reasonable. I still have a few weeks before I am asking for advise about ‘plan B’  : )


Thanks,


David

[Kiltboy1]

What ever happened to Gary Bala ??
He was at one time the top Immigration attorney on people doing the Colombiana thing ?

Maybe find him as he seemed to have his hand on the pulse .

KB

[mambocowboy]

All,


I appreciate everyone’s thoughts on my issue. I have been following this site for the past couple of years and I can truly feel the sincerity in the people that are dedicated to this community. Now that my life is in-line with what this community represents, I want to participate more with my experiences with the immigration process and my everyday life with a foreign bride. Hopefully, I might be able to  help someone and give them the insight, knowledge or support that they need.
Vikingo, I do want to see an attorney, and I will if I am denied because of my felonies, but I need to be patient. I do not want to be the guy that is asking all of these questions about “what if this happens”. Like you said, the processing time may be taking a little longer because of my past….that is reasonable. I still have a few weeks before I am asking for advise about ‘plan B’  : )


Thanks,


David

David, have you checked out visajourney.com? Lots of good info there, all visa related...

[Ray]

What ever happened to Gary Bala ??
He was at one time the top Immigration attorney on people doing the Colombiana thing ?

Maybe find him as he seemed to have his hand on the pulse .

KB

He got busted for being a troll.
 
I agree that he knows his stuff, but I would not recommend giving your money to a hard-core leftist, unless of course you also lean that way.   
 
 
Ray
 
 

[Ray]

Assuming people are non-biased I'm sure what you wrote above is true. I would agree that he should probably try and dot all his "I"s and cross all his "T"s with the K1 but even then what we do in our past can come bite us in the ass. I've never read anything like this before and have no idea if he'll pay the price for his past with an immigration struggle as well.
He's looking for some reassurance and answers here. His case is unique and he'll just have to find out.

His case is not unique. We had one forum member who did hard time for bank robbery and his record was never questioned when filing his fiancee petition.
 
That was before IMBRA, but if your crime is not one of those specifically listed under IMBRA, then you don't need to disclose it and it "shouldn't" affect your petition.
 
 
Ray
 
 

[Ray]

Hi David,
　
Since her son is 13, you still have plenty of time to get married in case of any large glitches. IF you were to marry down there, you should do it before her son turns 18.
　
I agree that you don’t need an attorney now since your petition is already in the system, but IF you are denied for some reason, then definitely consult with an immigration attorney. If USCIS should contact you for more information on your record, then you might want to consult with an attorney also before responding.
　
A few questions for you:
　
Did you list her son on the fiancée petition?
　
On your I-129F petition, which box did you check in Part C.2. on disclosure of criminal history? Your crime doesn’t sound like one of those listed on the petition unless there were 3 or more separate convictions for drug-related.
　
Any other convictions at all that might fall under the IMBRA rules for K-1 petitions?
　
Is your fiancée fully aware of your criminal record? If not, I would definitely brief her thoroughly ahead of time because this stuff may very well be brought up during her visa interview.
　
Was your conviction/convictions and incarceration in a foreign country or in the U.S.?
　
Had you asked about your situation before filing your petition, I would probably have advised you to consult with an immigration attorney first, and look into the marriage overseas option instead of the K-visa. Those IMBRA criminal disclosures only apply to K-visas, so by marrying overseas and petitioning for an immigrant spouse visa you effectively bypass the criminal disqualifications for the fiancée visa and you are not required to disclose any criminal past.
　
Ray
　

[robert angel]

What ever happened to Gary Bala ??

Speaking of attorneys, it makes you wonder what happened to William 3rd. Hope his marriage is working out.
 
Besides lawyers, I wonder what happened to moderator Jeff_S and if Micky down in Colombia's doing OK. There are others, but those come to mind right now.
 
Guess that's the way P-L rolls and how the internet often runs...

[davidbitt]

David, have you checked out visajourney.com? Lots of good info there, all visa related...

Yes, great site. It has been my handbook. Mambocowboy, gotta' tell ya….that photo is a little disturbing : ) is that you?

Hi David,
　
Since her son is 13, you still have plenty of time to get married in case of any large glitches. IF you were to marry down there, you should do it before her son turns 18.
　
I agree that you don’t need an attorney now since your petition is already in the system, but IF you are denied for some reason, then definitely consult with an immigration attorney. If USCIS should contact you for more information on your record, then you might want to consult with an attorney also before responding.
　
A few questions for you:
　
Did you list her son on the fiancée petition?
　
On your I-129F petition, which box did you check in Part C.2. on disclosure of criminal history? Your crime doesn’t sound like one of those listed on the petition unless there were 3 or more separate convictions for drug-related.
　
Any other convictions at all that might fall under the IMBRA rules for K-1 petitions?
　
Is your fiancée fully aware of your criminal record? If not, I would definitely brief her thoroughly ahead of time because this stuff may very well be brought up during her visa interview.
　
Was your conviction/convictions and incarceration in a foreign country or in the U.S.?
　
Had you asked about your situation before filing your petition, I would probably have advised you to consult with an immigration attorney first, and look into the marriage overseas option instead of the K-visa. Those IMBRA criminal disclosures only apply to K-visas, so by marrying overseas and petitioning for an immigrant spouse visa you effectively bypass the criminal disqualifications for the fiancée visa and you are not required to disclose any criminal past.
　
Ray
　

Yes, Mario was listed on the petition. On the I-129F in part 3 I checked 2.c, because I have the drug conviction, DUI in my 20’s and a DWI in my 30’s. I was honest and sent them all the information from all the courts. I received an RFE asking me for more info on my crime and they received my response in 10 days, July 31. They said that I would receive a response from them by mail within 60 days….we’re on week 4 from 60 days. Ray, I look bad on paper. I accepted the plea bargain for 1 class B felony for a drug sale and 1 class B felony for possession and was sentenced to 10 years to life….I was happy. I was facing 7 class A felonies carrying 25 years to life each…yeah. Rockefeller drug laws. Minimum mandatory sentencing, judges had no discrepancy to modify a sentence depending on your involvement in the crime or other considering factors. You went to trial and if found guilty you were sentenced to the charge. I wasn’t taking a chance, plenty of guys I was locked up with did and they had stupid sentences,  I took the deal. I did 5 years in Attica NY until they finally let me go down to a medium facility to finish the next 3 years….Anyway, Although I was convicted of a cocaine sale and a possession, I am nervous that if they read police reports and the details of the crime that they may categorize this differently than the true charges that I was convicted. Unless I am misinformed, Drug trafficking is one of the crimes that can disqualify a petitioner.
Funny, If I had 1 less alcohol offense I wouldn’t have had to mention anything.
Yes, Shirley knows everything. Yes , I spoke with 3 online attorneys prior to submitting the petition….that Bala dude is all over the internet and YouTube….not a fan. The guys I spoke with did not seem to know more than I and the one that did educated me enough where I didn’t think he could do much more for me than what he already did by speaking with me.
Ray, I think that you are absolutely right. The K1 can be the quickest and easiest for most, but if it is not successful for me, the next best step would be for me to marry her in Colombia and bring her back as my spouse. Would she have to remain in Colombia until everything was final?…I think that petition takes approximately 1 year. Is it out of the question for me to marry her here on her tourist visa, after 90 days, so she could remain here with me? or does she still need to return to Colombia at some point?
I think I need to relax…I am doing just what I said I did not want to do. I do not want to be the guy that is asking questions about situations that have not occurred yet….I’m going to be approved for the K1 visa!…right? ommmm, Tomorrow it will be there when I go to the mailbox : )
You guys are great~


Thanks,


David

[mambocowboy]

Yes, great site. It has been my handbook. Mambocowboy, gotta' tell ya….that photo is a little disturbing : ) is that you?

Well, I'm proof that even if you have a few teeth missing, are vertically challenged, and aren't blessed with conventional good looks, you can still find a good Colombia who will leave everything behind in her country for marriage to a gringo. No seriously, I first used the photo way back when , before I even skyped with my now-wife and was merely chatting with her on Colombian Cupid. I'm used to the photo but I can see how it's kinda repulsive....

[Ray]

Well David, it sounds like you did everything right on the petition.
　
I think you have a few things going in your favor.
　
You were honest and didn’t try to hide anything, volunteering even more info than you had to. Given that they would surely do a record check anyway, that should help a little. They usually do at least appreciate your being up front and honest, while getting caught lying or withholding information can bring a quick denial.
　
Since this stuff happened some time ago, that should also help your case somewhat. If there were very recent incidents, then you would probably be a more likely candidate for denial.
　
The fact that they sent an RFE instead of a denial letter probably makes it less likely that you will be denied. At least they hadn’t made up their mind yet.
　
On the "trafficking" crime mentioned on the petition, I believe that is related to prostitution and not drug trafficking. "Trafficking" is the new buzzword for anything remotely related to prostitution or sex crimes involving women and especially minor children.
　
The fact that you have 3 separate drug/alcohol convictions is probably a major concern. But if there is no evidence of physical abuse or violence in your record, then I can see them waiving that one.
　
Yes, you can figure on close to a year to process a spouse petition if you should have to marry down there. I waited 10 months and it really wasn’t that bad.
　
On the option to marry her while she is here on a visitor visa and then adjusting her status, you should be careful on this one, especially if your fiancée petition were to be denied. That would be a case where I would want to consult with an immigration attorney first But you could also marry her here and then have her return home while petitioning her for a spouse visa. It is even possible that they would admit her as a visitor while her petition was being processed, given that she has a good record of following the rules in the past.
　
I agree that it won’t do any good to over-worry about your situation now. There isn’t anything you can do now that hasn’t already been done, so let things play out and see what happens. Hopefully you will be approved and won’t need to go to a plan B.
　
Ray
　

[davidbitt]

Ray and everyone,


Thanks for all the good advise. I feel better about the “trafficking” denial. I never thought about any other kind of trafficking. And No, I have no violence in my history, All my convictions were nonviolent.
Well, you all have me feeling better. I am going to remain positive and start getting excited about our weddings…. Yeah plural.
The plan is, Shirley and Mario will arrive in the middle of December and after the holidays, February or March,we will have a small wedding here in Upstate New York. I live an hour away from Buffalo in Rochester. A pretty area with the finger lakes, 1000 Islands and Niagara Falls a short distance away. Then in August, we will all travel to Colombia for the grand Colombian wedding.
Shirley has never been married before and she is very excited about having a traditional Colombian wedding….In the evening on the beach, ‘Hora loca’, black wedding cake?…I guess its really good. We are reserving a place in Tolu’, Playas El Frances' called ‘Camino Verde’ ...has anyone heard of this place? Shirley has met the owner and is doing all the negotiating. Shirley is hard working and is not a high maintainance girl. She is originally from Barranquilla and now lives in a small town called, Sincelejo. She teaches dance and choreographs municipal productions in her town. It seems like Colombia is always celebrating something, every other weekend she is coordinating an event. Her mother hand sews all the costumes in the house. I see the dresses this woman makes while we are face timing….amazing.
While we are there I plan on visiting Cartagena, Barranquilla and Santa Marta. These are areas where I am interested in investing in real estate for a second home.
I have never been to Colombia, although I have spent mucho tiempo in Costa Rica and Brazil, I am open minded to purchasing something in Colombia if my spouse wants to be close to her family. Rio has been good to me, other than 8 years in the penitentiary….I love it there. Costa Rica, bed and breakfast on the water….Montezuma?…yeah, that’s what I was thinking.
I love latin America and the adventure.


~David

[whitey]

Well, if she's a barranquillera then you're a lucky man   Congrats and good luck.


Between Barranquilla, Cartagena, and Santa Marta ... if I were considering buying an investment property and/or spending time there ... I would pick Santa Marta (either the city itself or neighbouring El Rodadero).


Cartagena is too expensive and touristy for me (awesome place to spend a few days though).  Santa Marta is rapidly developing and also restoring the older central parts of town ... the "new Cartagena". 


Barranquilla ... well ... if it wasn't for all the great people there (especially the women) or the week of Carnaval ... there's really no reason to spend any time there ... it's not a "bad" city ... just a huge, sprawling, industrial "town" of 1.2 million.


But ... if the idea is to be close to family, and your future wife's family lives there ... it may make sense.