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Author Topic: Need Some Sound Advice Please...  (Read 11607 times)
Bob
Guest
« on: August 23, 2001, 04:00:00 AM »

Hello,

I Need some sound advice.  After returning from my last trip to Medellin in February, I completed the K-1 papers for my fiancée and my self which were approved the end of June.  Unfortunately in May, the Plant I was working at closed down and I became unemployed.  

Herein lies the problem.  Although I have the liquid assets to meet the INS requirements, my lady and I feel it is best for me to find another position before she comes.  She is 42 and has very good job as for as jobs go for a woman in Columbia.  She also carries the additional responsibility of helping her parents financially and does not want me to take on that burden.  Reluctantly, I must agree with her, even though I could swing this arrangement for a year or two.  We are both mature adults and see this as only a temporary set back.  We have been planning our lives together for over a year now so this is not an impulsive situation.  When she come we will be married.  She wants to go back to work as soon as possible, but it will probably take 6 months or so before her business language skills are adequate.  Although I offered to help her family, she feels it is her responsibility to continue supporting her family.  As for her profession in the insurance industry, she will have no problem finding employment. She will probably make 3 times the salary she is currently making just to start.

At 55 years old and given the current state of affairs in my profession and industry technology the chances of me finding another position, at least in the short term, are low.  So while I am searching for another position I am also simultaneously starting my own business.  Of course this will take some time before I start generating any revenue.

The bottom line is our time is running out for the K1 period.  The timeline is over Sept 26, 01.  My question is will we have to start the process all over again?  My understanding is that K1 visas cannot be extended.

Any relevant suggestions would be most appreciated.

Thanks,

Bob

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rubio
Guest
« Reply #1 on: August 23, 2001, 04:00:00 AM »

... in response to Need Some Sound Advice Please..., posted by Bob on Aug 23, 2001

why not try the new k-3, you can get married in her country and then apply for it, maybe by then you have a job
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Bob
Guest
« Reply #2 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Need Some Sound Advice Please..., posted by rubio on Aug 23, 2001

Rubio,

I have not looked into the K-3 as of yet.  The K-1 was our first choice.  What is "new"?

Bob

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Edge
Guest
« Reply #3 on: August 23, 2001, 04:00:00 AM »

... in response to Need Some Sound Advice Please..., posted by Bob on Aug 23, 2001

Bob - Sorry to hear about losing the job and that it has thrown a monkey wrench in your plans.  Hang in there and try to turn it into something positive.

What I would do is call the immigration lawyer Gary Bala or send him an e-mail.  610.446.6873 e-mail: www.visa-attorney.com.  He will generally answer a few questions or give advice without charging you from my experience.  I think getting an extension on the K-1 is probably not an option that I have heard is possible.  I have also heard that if do not continue with the K-1 and let the time lapse that if will be very difficult down the road to gain approval again with the same woman.  You might end up having to marry her in Colombia versus the K-1 down the road.  

I do not know what happens if a person cannot proceed after gaining approval for the K-1 visa petition. But it would be good for the men here to know.

Good luck and hang in there.

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Bob
Guest
« Reply #4 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Need Some Sound Advice Please..., posted by Edge on Aug 23, 2001

Thanks Edge,

I'll send him an Email.  Think you are right.  Heard somewhere that you cannot get an extension for any reason.  That was my main query.

Thought about calling the INS and the Counsulate in Bogota to get a reading.  Since my fiancee is visting her folks in Bogota this week I will ask her call the Embassy.  Can't hurt.

This sucks!

TX Again,

Bob

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Edge
Guest
« Reply #5 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Re: Need Some Sound Advice Please..., posted by Bob on Aug 23, 2001

Bob - I think the embassy is closed on Fridays from the paperwork that I have received from them, at least the immigrant visa section.  Although someone may be there to answer the phone.

Anyway, see what Gary says.

Take care.

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Bob
Guest
« Reply #6 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Re: Re: Need Some Sound Advice Pleas..., posted by Edge on Aug 23, 2001

Hi Edge,

Thanks for guiding me to Gary Bala.  He responded to my Email within an hour.  I have never had this type of service from an attorney.  This guy is super.  Not only did he respond quickly, he also gave me precise advice on what on what steps I should take.

We were right about the visa extension.  This rarely happens according to Bala.  But, in our case, we would not be looking for an entry visa extension.  We would be requesting an extension to the expiration date on the I 797 form.  In other words the time she has to go for the interview at the Embassy and get her visa.

He suggested that I get all the docs together proving that I am currently unemployed.  Also, the records for my lady showing that she is currently under Doctors care for an accident she was in last July.  She cracked three vertebra at work.   She will still be under Doctors supervision past our Sept. 30 expiration date.  Write a letter to the Embassy with her doc’s and mine, notarized both here and in Columbia, with both our signatures.

Although Gary stated there could be no certainties.  Perhaps a 50/50 chance for a 60 day extension.  Worst case 30 days.

We'll see.  Thanks for referring me to Bala.

Regards,

Bob


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Edge
Guest
« Reply #7 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Re: Re: Re: Need Some Sound Advice P..., posted by Bob on Aug 23, 2001

I think Gary knows that "what goes around comes around" and that is why he is willing to offer some advice and answer questions to guys without charging. He picks up clients because he has an excellent reputation.

Did he say what would happen if it ends up that you do not end up being able to go forward even after the possible 30-60 day extension?  Can you file another K1 visa application say perhaps next year for the same woman after this one has expired??  What would happen??

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Bob
Guest
« Reply #8 on: August 23, 2001, 04:00:00 AM »

... in response to Con mucho gusto........., posted by Edge on Aug 23, 2001

Edge,

Although he did not address this issue directly, he did leave me to belove that I could re-file the entire K-1 petition from the start.

Bob

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Bob
Guest
« Reply #9 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Re: Re: Need Some Sound Advice Pleas..., posted by Edge on Aug 23, 2001

Edge,

Email to Bala is on the way.  I'll be talking to her this evening.  If they are closed tommorrow she can call on Monday.

No matter what I want to make sure both the INS SW Region and the Embassy are aware.  Probably won't make any difference, but at least there will be some kind of record.

If it happens that our issues take us past the expiration date of the visa, I want it on record that they were notified in advance as to why.

TX,

Bob

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Brassa
Guest
« Reply #10 on: August 23, 2001, 04:00:00 AM »

... in response to Need Some Sound Advice Please..., posted by Bob on Aug 23, 2001

The "go for it" advice i have heard seems to me to be the best to be honest....My vote is go for it...In the US you have opportunities and 2 people who love each have the strength to get after them...Like another poster said..It wont cost much more to have her here and you will feel more positive that the person that makes you happy is with you..that will keep you in a good frame of mind to take the challenge.
Best wishes.
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Bob
Guest
« Reply #11 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Need Some Sound Advice Please..., posted by Brassa on Aug 23, 2001

Hi Brassa,

Thanks for the advice.  We will be discussing this very thing next month when I return to Medellin.  And yes I would feel better with her here and her support.

She is very conservative and stability is very important to her.  As it would be to most.  It is easy to say just come on up.  Everything will be just fine.  And it probable will be fine.  Unfortunately I have not been successful in getting my point across.  She feels she will be a burden until she finds work.  

It is not easy for her because of her family obligations.  In fact it is down right tough.  We are not talking about big money here.  It is only about $250 a month that she sends to her family in Bogota.  Of course to her this is a considerable amount.

Again, all these things we will be discussing next month.  My original problem is the INS and the K1 visa timeline running out next month.  Will they give us an extension under the current situation.

Thanks again,

Bob

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jim c
Guest
« Reply #12 on: August 23, 2001, 04:00:00 AM »

... in response to Need Some Sound Advice Please..., posted by Bob on Aug 23, 2001

Dear Bob it sounds like you need to delay the marriage until you are stabilized. Has she investigated the possibility of employment in the US.  Probably isn't enough and you starting a business at 55 isn't enough. If she leaves her job I am sure she won't find another in Colombia and she has responsibilities. I am sure you can speak with INS and wait. How about getting married and she continues in colombia until you are stabilized. tough decisions, sorry !  jim c
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Bob
Guest
« Reply #13 on: August 23, 2001, 04:00:00 AM »

... in response to Re: Need Some Sound Advice Please..., posted by jim c on Aug 23, 2001

Thanks Jim,

All these issues will be discussed next month when I return to Medellin.  And you are correct, the likelihood of her finding a job to replace the one she has now, if for some reason she decides to go home, is probably zilch.  Of course the idea is that she will not return home.

She needs stability and it is my responsibility to assure she has it.  Nothing less!  We have not investigated her work possibilities her as of yet.  But, since I live in Houston with a Spanish speaking population of about 800,000, her chances are very good.  We have entire business communities that are solely Spanish oriented.  She has MBA and has been woring in the insurance industry for about 21 years.  Fortunately, this industry has not been impacted by the current sate of the economy.

She is nervous and needs a stable environment.  I do not what to force her or put her into a position where she may have more anxiety than necessary.  It will be difficult enough just with the normal adjustment process.

We can wait.  My main concern is the INS issue.  I hate to start all over again.

Thank for the input.

Bob

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tommi
Guest
« Reply #14 on: August 23, 2001, 04:00:00 AM »

... in response to Need Some Sound Advice Please..., posted by Bob on Aug 23, 2001

Bob...go for it. Your planned marriage should take place. While this isn't exactly an ideal situation it will be a test of your resolve and her's. I think we're all amazed at what we can accomplish when we "have to." Sure you could start the process all over again, but why?

Even your post declares that she can get a job here. By the way, where is here? Get here here with you and face this challenge together. Just be sure that you have projected your cash assets accurately. She can work here to support her family and you can work to support the two of you.

If there are no children involved you can swing this thing. On the other hand, if your not the type to "swing it." and take chances, get a job first and strat over again. What does your intuition tell you?

Best regards.

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