Which Visa Is Best For Me?

Bender B Rodríguez says on Sep 30, 2009, 13:25:

Greg

I have considered that, and I'm thinking that after the fiancee visa is approved and she has it in her hand we will get married in the Catholic Church there for the reasons you stated. We could then do a civil ceremony at a JP in the US after we arrive. Two other reasons I favor the fiancee visa:

1 - I can submit that before I leave for Colombia while I still have a job. If I wait until after we marry I will be unemployed and that may make it harder to get the US visa approved for support reasons.
2 - My attorney says I need to be residing in the US to submit a spousal visa there, or wait in Colombia at least 6 months to file directly at the US embassy in Bogota.

So if we don't marry in Colombia until I'm almost ready to leave, the question remains: what is the (second) best visa choice for me to stay in Colombia an extended period of time?

Thanks

Bite my shiny metal ass

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Bender B Rodríguez says on Sep 30, 2009, 13:28:

Greg

Off topic here: I see your signature about 12VOIP. I'm using Skype, but my fiancee doesn't have a computer in home. So I Skype Out and use Orbitel to pay about 5 cents a minute to call her cell phone. Complicated. Will 12VOIP let me call her cell phone free or is there a better calling plan than 5 cents a minute?

Thanks

Bite my shiny metal ass

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Bender B Rodríguez says on Sep 30, 2009, 13:31:

Greg

How will the fiancee visa be worthless? If they've already given her the fiancee visa will anybody know that she got married and turn her back at immigration when the plane lands? If this is a bad idea I'll come up with another plan.

Steve

Bite my shiny metal ass

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Bender B Rodríguez says on Sep 30, 2009, 13:48:

Greg

I understand that a wife is not a fiancee. If we married before we received the approved visa we would be submitting false information and committing immigration fraud, which I will not knowingly do. That's not what I wrote. I wrote that we might marry after the visa is approved but before it is used. I think we are still complying with the letter of law in that case, but I may be wrong.

Bite my shiny metal ass

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cstew47 says on Sep 30, 2009, 15:45:

Try the "search" function. A lot has been written on this subject and the knowledgeable responders are getting bored giving the same information ad infinitum.... and I don't blame them.

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Bender B Rodríguez says on Sep 30, 2009, 15:54:

cstew47

I did try the "search" function before I posted my question. As I wrote in my original post "I've also looked at a few threads here about visas and I'm still confused." If they are getting bored I don't blame them either, but if someone wants to help I'd appreciate it. I spent 20 minutes on the phone this afternoon talking to the Colombian Consulate in Houston and they say I can enter on a tourist visa, extend it for up to 6 months and change it to a spousal visa or a student visa without first leaving the country. That's probably what I will do, but if someone wants to comment I would appreciate it.

Bite my shiny metal ass

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Bender B Rodríguez says on Sep 30, 2009, 15:57:

I may also try to set up a financial instrument that will pay me enough per month to qualify on a rentista visa. It would need to pay me about $2,500 per month according to the consulate which told me that minimum wage is $250 per month in Colombia. That actually sounds high to me because I saw employment ads for computer programmers in Colombia that were only offering about $500 per month.

Bite my shiny metal ass

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Bender B Rodríguez says on Sep 30, 2009, 17:32:

Greg

You may be right, but have you seen something in writing that says that or is that just your own conclusion? If you can direct me to a place in the federal code that says so then I will believe it. But I'm not going to believe that just because you say so.

Bite my shiny metal ass

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Miguel_Clavo says on Sep 30, 2009, 18:28:

go to www.visajourney.com

RVW orderded me to remove my tagline congratulating the PBH Mods New Golden Boys. Lame.

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Bender B Rodríguez says on Sep 30, 2009, 18:37:

Thanks Greg. If we get to the point that a fiancee visa has been granted and we want to get married I will consult with an immigration attorney first and pay him to give me some authoritative advice just in case I am wrong. I don't want to ruin the fiancee visa after spending all that time and money.

Bite my shiny metal ass

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Gator says on Sep 30, 2009, 18:53:

I will save you some $$$$ A K-1 is just that. If you marry you cant legally have a K-1. If you marry two options, a K-3 or CR-1. K-1 to USA you have 90 days to marry from date of entry and apply to adjust status-NO EXTENSIONS, A K-1 once issued expires after six months from date of issue if not used..

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Bender B Rodríguez says on Sep 30, 2009, 19:19:

Gator

Having seen your extensive postings on this forum I recognize that you know a lot about this process. I also know what a K1 is. I've successfully filed for 2 in the past (with no attorney). The women came to the US and we got married. If you can direct me to a government link that says that what I'm specifically suggesting voids the K-1 visa which has already been issued then I will believe it. Otherwise, I will spend some money to ask an immigration attorney because I won't rely on anonymous legal advice in that situation.

Justo mi

As far as the CR-1 does that mean a Direct Consular Filing? My attorney said that I can't do that until I've lived in Colombia for at least 6 months. So it won't be faster in my case because I haven't started living in Colombia yet. And comparing the I-129F times versus the I-130 spousal visa times it appears that the I-129F is about 1 month faster right now.

Bite my shiny metal ass

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theflatline says on Sep 30, 2009, 19:22:

Bender what happened to the other two wives?

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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Bender B Rodríguez says on Sep 30, 2009, 19:27:

"Bender what happened to the other two wives?"

You can't prove anything!

Just kidding. They're still alive.

All my exes live in Texas, that's why I'm moving to Colombia.

http://www.youtube.com/watch?v=sBkX0U6H80M

Bite my shiny metal ass

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Miguel_Clavo says on Sep 30, 2009, 19:40:

There is the little problem of Fiance Visas and the limit of how many you can do. But if you already have an attorney working on this why post here?

RVW orderded me to remove my tagline congratulating the PBH Mods New Golden Boys. Lame.

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Bender B Rodríguez says on Sep 30, 2009, 19:57:

Miguel

I know about the Fiancee Visa limits. Did you know that it's possible to request a waiver of those limits?

Why are you worried about what I'm posting here? Am I using up the daily shared limit of posts?

If you look at the thread title and read my original questions I'm not asking about fiancee visas. I'm asking about getting a visa for me to live in Colombia. Do you have anything useful to contribute about that?

On a side note, one of my favorite sayings is "Un clavo saca el otro".

Bite my shiny metal ass

2 funny, 1 helpful.

Bender B Rodríguez says on Sep 30, 2009, 22:03:

Justo mi

I don't agree. I have not edited my original posting. In it I only requested information about obtaining a visa for me to stay in Colombia. Then Greg said I should marry her and ask for a spousal visa for me. I said that I may not want to do that because I'm thinking about asking for a fiancee visa for her. And then he started giving me his opinion about the fiancee visa. Finally along comes Miguel reminding me about the fiancee visa limit and asking me why I'm even posting about a US fiancee visa here. So I think I clarified myself very well, thank you very much.

Do you know what the real Bender would say at this point?

Bite my shiny metal ass

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davidyamiga says on Oct 1, 2009, 04:47:

Justo mi...it sounds to me like you have all the answers. Why did you post here?

Otra vez en casa...Cali!

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Gator says on Oct 1, 2009, 08:11:

If you are going to spend $$$ for an attorney then don't ask me or others for help.Recent changes to the Law also limit the number of petitions a Petitioner can make or rather how multiple petitions are treated. If your petition for a fiancé(e) visa is denied, the denial letter will tell you how to appeal. BTW your attorney is an ass, you posted, "As far as the CR-1 does that mean a Direct Consular Filing? My attorney said that I can't do that until I've lived in Colombia for at least 6 months." Apparently he does not know the difference between CR (Conditional Resident) and DCF (Direct Consular Filing). He apparently also is unaware of the IMBRA restrictions in the International Marriage Broker Regulation Act of 2005 (IMBRA)", Public Law No. 109-162, Title VIII, Subtitle D, codified at 8 USC §1375a(d)(2) and (e)(4)]. USCIS and interpreted this to impose limitations on the number of petitions a petitioner for a K non-immigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. To help YOU do the research go here for the part of the law concerning fiancé(e) (K-1) visas and check INA § 214. The specific eligibility requirements and procedures for applying for the fiancé (K-1) classification are included in the Code of Federal Regulations [CFR] at 8 CFR § 214.2(k).

You need a sit-down with the Colombian Consulate to determine what visa would be the best for you to remain in-country:

1. spouse visa
2.Renista visa (10 times the minimum wage is about $2.500 USD
3. $100.000 USD can't just be stuck in a bank-it must be invested and there is paper work that needs to be followed to the letter if you want to later take the funds out of Colombia
4. Student might work if you are willing to put in the required weekly time attending classes

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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viajero123 (☼Travelguide writer) says on Oct 1, 2009, 08:29:

Bender B Rodríguez says on Oct 1, 2009, 08:41:

Gator

"If you are going to spend $$$ for an attorney then don't ask me or others for help"

Don't tell me what to post (unless you own this forum, of course). I didn't start this thread asking for information about getting a fiancee visa for my fiancee. I asked for help about getting a visa for me in Colombia. Thank you for your input about that. It is appreciated.

I'm well aware of the IMBRA limitations on the K-1 process as I stated above. However, I've never seen anything in writing that says that after a K-1 visa is issued it will become void if you marry in the foreign country. If someone has such a reference (other than pulled out of their a**) I would like to see it.

The K-1 instructions say that the parties must marry "within 90 days of entry into the US". If we marry within 90 days in a civil ceremony in the US we have complied with that requirement. If we also married in Colombia (after the visa was issued) that doesn't negate that we also married in the US within 90 days. And if we weren't married when we filed for the K-1 we didn't lie on the documents or in the interview. You and Greg may be right, but until I see a written statement from the US government to that effect I won't take it as the truth.

"BTW your attorney is an ass"..."Apparently he does not know the difference between CR (Conditional Resident) and DCF (Direct Consular Filing)."

My attorney is not an ass, but if you want to believe that go right ahead. It's not my attorney who doesn't know the difference, it's I who doesn't know the difference. I admit ignorance in that area. After Justo mi brought up the CR I am interested to know the difference and in particular what the wait time is for filing a CR.

Bite my shiny metal ass

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Bender B Rodríguez says on Oct 1, 2009, 09:00:

Justo mi

"This poster seems to be arrogant and has a chip on his shoulder, and I base this on the way he responded to Miguel Clavo and I"

Miguel wrote:

"There is the little problem of Fiance Visas and the limit of how many you can do. But if you already have an attorney working on this why post here?"

That doesn't sound arrogant to you? I can see that it's useless to argue this further with you. Post whatever you want. I'm sure you need to have the last word. Unless someone else posts some useful information about the visa process I'm through replying on this thread.

Bite my shiny metal ass

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Bender B Rodríguez says on Oct 1, 2009, 09:09:

Greg

Why are you getting so upset about this? If I'm wrong I'll suffer the consequences, not you. Do you love me so much that you can't stand to see me make a mistake? Or maybe you just can't stand that I don't bow down and say that whatever you say is correct. That's not going to happen.

What you wrote is true. What I wrote is also true.

Bite my shiny metal ass

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Gator says on Oct 1, 2009, 09:22:

Big favor, por favor. Please fly in ever increasing concentric circles until you fly up your ownon ass hole and disappear.

Ignore button pushed

"Bene, cum Latine nescias, nolo manus meas in te maculare" .

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Bender B Rodríguez says on Oct 1, 2009, 11:24:

Greg

Thanks for the information. If we go that route I will discuss with her what she should and shouldn't say in the interview. In all cases my policy is to tell the truth when dealing with the government, but you don't have to volunteer all information either. If they ask her (which they won't) "Are you going to get married in Colombia?" the best answer is "Are we allowed to do that?" and then we will proceed accordingly guided by adequate legal advice and research.

When I ask questions on a forum like this it's basically a fishing expedition to see if others have discovered something I've missed. If they have, then I will research it for myself. I don't take free legal advice without confirming it. But that doesn't mean that asking questions in a public forum is worthless because sometimes I can discover new ideas that I would've overlooked.

Bite my shiny metal ass

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theflatline says on Oct 1, 2009, 11:35:

What is hilarious is that the two guys arguing are the same two guys that are on their third attempt at foreign marriage each!

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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theflatline says on Oct 1, 2009, 12:14:

Greg,

I thought you had two fiances from the Phillipines? Did I not read that in your previous posts? Plus, an ex wife thrown in there as well?

I am not making fun, but the situation is funny you two guys arguing.

You found your wife and are happy, you had a long arduous road to get there, as most of us do.

Legaleez for Complete Morons - A book for gringos in Colombia for who think they understand the nature of the law in a country where they cannot speak the language.

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Bender B Rodríguez says on Oct 1, 2009, 12:18:

be nice says the monkey!

No sexist, racist or obscene language.
No personal attacks.
Stay on topic.

I'd say this group pretty much blew all three of those rules.

Bite my shiny metal ass

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Miguel_Clavo says on Oct 1, 2009, 12:29:

Colombian Housewifey. jajajaj

RVW orderded me to remove my tagline congratulating the PBH Mods New Golden Boys. Lame.

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Miguel_Clavo says on Oct 1, 2009, 12:32:

Dont let me catch you doing grafitti, little smurfey.....jajajjajaja

RVW orderded me to remove my tagline congratulating the PBH Mods New Golden Boys. Lame.

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Miguel_Clavo says on Oct 1, 2009, 12:34:

is that kind of like calling Danny DiVito "Huge"?

RVW orderded me to remove my tagline congratulating the PBH Mods New Golden Boys. Lame.

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