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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28412
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I met my girlfriend in November 2015 when she came to visit

Customer Question

I met my girlfriend in November 2015 when she came to visit the US. We are so in love that she changed her returned ticket. She stayed 23 weeks. When she applied for a tourist visa B2, she asked to have 24 days. When she arrived at the US Custom and Border, they stamped for her 6 months. So we thought that she could stay here that much time. She went back to Vietnam a week before the date on the immigration expire on 4th April 2016. And she did apply to renew her visa to go back America, but the consulate rejected and also cancelled her previous visa ( will expire on September 2016) with a stamp " Cancelled Without Prejudge". The consulate officer said that she applied for 24 days, why she stayed 23 weeks.
So here are my questions, please give advise:
1.Can I apply for a Fiancee visa now ? I can't stand the thought that she is in Vietnam and I am here. Distance will kill the relationship and she is very special, I have never met anyone like her.
2. She just got rejected from consulate in Ho Chi Minh city, will that give a bad affect on my K1 visa process?
3. Will the USCIS and consulate consider her case as "Overstaying" in America?
4. When is the best time for me to apply the K1 visa?
5 Is "age difference" a problem? I am 52 and she's 31.
Thank you! I look forward to hear from you.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 10 months ago.
Hello, my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.It is unfortunate that she applied for a new visa since she could have used the visa that was valid until September 2016 to return unless it was single entry.So here are my questions, please give advise:1.Can I apply for a Fiancee visa now ? I can't stand the thought that she is in Vietnam and I am here.Distance will kill the relationship and she is very special, I have never met anyone like her.I am so happy for you that you have found the love of your life.Yes, you may file the I-129F for your fiance for her to enter the US with a K1 fiance visa. The cancellation of her B2 visa will not have any effect on her K1 visa.2. She just got rejected from consulate in Ho Chi Minh city, will that give a bad affect on my K1 visa process?No, please see #1 above. As long as she was truthful with the consul and told them that she only intended to stay for approximately one month but after arriving and finding how much she was enjoying her time with you she spontaneously decided to remain for the period of admission she was allowed, leaving in advance of that expiration date.3. Will the USCIS and consulate consider her case as "Overstaying" in America?Absolutely NOT. She has an authorized stay of 6 months and departed prior to the expiration of that period of time.4. When is the best time for me to apply the K1 visa?Yesterday!!! (LOL). If you are in love and want her here to marry her within 90 days of her arrival file immediately. It doesn't matter that she left recently. There is no need to wait. She will need to complete a G-325A and put her original signature on it and also attach 2 passport style photos so as soon as she can get that to you, you should file.5 Is "age difference" a problem? I am 52 and she's 31.Actually a significant age discrepancy is a red flag but can be easily overcome with proof of your bona fide relationship such as copies of your phone records, skype conversations, receipts from any gifts you may have bought her while she was here and the statements that you each have to write to accompany the I-129F regarding your good faith love for each other and intent to marry as soon as possible.You may also include photos of you and she here in the US together sharing gatherings with family or friends.Additionally, if any of your family members have met her, they should write a statement of their perception of the love they saw develop between the two of you while she was here as a visitor.In actuality, since she is in her 30s, the 20 year age difference is not so significant because she is not a grown woman with life experience and not a 20 something with no life experience. You are not robbing the cradle, so to speak, as it may be perceived if she were 21-29.It is my opinion that will not be a major issue.I am sure you understand your positive rating isvery important to me as we are not on salary and that is how we receivecompensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith

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