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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 139001
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I applied for a K-1 Visa for my British fiancee to immigrate

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I applied for a K-1 Visa for my British fiancee to immigrate to the US. He currently has a pending investigation as of January 2022 with no sense of urgency for the local police to close out the investigation. Will the arrest with no charges prevent him from coming to the US? We filed on 12/1/2021 with USCIS California office.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I live in the US and he lives in London. I am sponsoring him to come to the US.
JA: Have you talked to a lawyer about the K-1 visa?
Customer: Yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not at this time.

Hello! My name is***** and I am a licensed attorney with more than 20 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will reply as soon as I can. It may take a little time to research and write your answer, I could be helping other customers, or I could be attending to personal clients as I have my law practice. Also, the system may send a message asking if you want to upgrade to a phone call. That is automated. You can ignore it if you like and continue here for no additional charge, or if you find it easier to speak, upgrade as it is usually worth it.

Remember, if I do not respond quickly, I am NOT ignoring you. I am here. I may just be busy. I am confirming by this response that I did receive your question, but if you want to make sure that this session doesn't escape my notice, just send me a short reply. Thank you for your patience.

Sorry for the delay.  Unfortunately, it might.  What was the arrest for?

Customer: replied 16 days ago.
He erroneously sent a sexually explicit video of himself to both a friend and his daughter. At the time, his phone was badly cracked, his glasses were broken and it could be a technical issue of the phone that caused this. We are in an open relationship so I know the other intended recipient. From what I read it does not show that he committed a crime with moral turpitude leading to a conviction. The biggest issue is that this shouldn't taken months and months to investigate and the UK system is failing him. This case should be closed as unfounded but there are no timelines of when it will. I've inquired several times. His free attorney there said that it could be months or even years before this case is closed. Immigration law is not black and white what I see unless there is a conviction of certain crimes and sentence as a result of that.
Customer: replied 16 days ago.
His daughter is 13 years old and the other woman he is romantically involved with is 47 years old.

Well, this would be a concern for a U.S. visa officer.   Think of it as if someone was knocking on your door asking to be able to stay in your house where your family, including minor children live.  You want to make sure that the person knocking on your door is safe to stay in your home where your children also live, correct?

Customer: replied 16 days ago.
Indeed a concern but if there was enough evidence to convict this should be investigated timely and promptly with concern to those minor children in country there as well.
Customer: replied 16 days ago.
There is no sense of urgency and timeliness for this arrest. Which makes me believe his remaining device that wasn't returned is in a stack of other devices not returned because they are not doing their jobs there in a reasonable timely fashion. Certainly, 6 months would be enough time to scan devices and provide some type of follow up.
Customer: replied 16 days ago.
It's funny how the UK law changed in 2017 that people were in the same situation for being on bail for extended periods. In my opinion, the bail changed to under investigation still leading people in your country f**ked either way. It's totally unacceptable.

I agree, but the visa officer doesn't have the resources to properly investigate, so they have to wait for the authorities to properly investigate and make that determination.  The burden of proof is on him to prove to the visa officer that the charges were dropped, never filed and no investigation is pending.  What he may have to do is hire/pay for a criminal defense attorney that isn't bogged down like a free attorney might be and would get paid to file the proper motions to expedite the process/investigation, etc.

Customer: replied 16 days ago.
He cannot afford a paid attorney on his low wages.
Customer: replied 16 days ago.
What resources are there in country for this?

What do you mean?  Unfortunately, I can only answer U.S. immigration law questions for you.

Customer: replied 16 days ago.
It's okay. I received the answer I needed. This needs to be closed out; otherwise, it is not likely his visa will be approved.

Yes, unfortunately, until they close it out, I don't see a visa officer approving.  When did you file the I-129F and what was the last thing you heard in that regard and from who?

Hello again. Just checking in since I haven't heard back from you. Sometimes, when messages go through cell phone texts, the messages do not come through. I sincerely ***** ***** that is the case. Thank you for your patience and understanding.

When did you file the I-129F and what was the last thing you heard in that regard and from who?

Customer: replied 15 days ago.
We filed the I 129F on 12/1/2021 in the California office. We haven't been contacted by the USCIS yet for his embassy appointment. He contacted the Holburn Police Station (London) today to find out if there is an estimate of the case. No timeline of course, backlog, blah blah (bull shit) the police are not doing their jobs. Same thing we hear every time we inquire. There's no way to expedite the case.If he receives a caution for the situation (inadvertently sending sexually explict image) to a minor as it was not intentional would he still be able to immigrate under a K-1 visa with a caution?

Thank you for responding.  Looks like he has time.  Why?  So no one ever told you that the K-1 process before the Pandemic was taking 9 months to a year or more and it has pretty much doubled during the Pandemic?

Customer: replied 15 days ago.
Current timeline on USCIS is 13 months in the California office for 80% of the 13 months for most...
Customer: replied 15 days ago.
My immigration lawyer said 10 months. I've seen 10-13 months as average timelines. Not much time for this police case to be closed.

Sure, maybe, but that's just for I-129F approval.  That's just the first step.

Customer: replied 15 days ago.
How can you get approved with a pending investigation?

The I-129F can be approved as that is just based upon the relationship being real and not just for an immigration benefit.  But as I said, that's just the first step, regardless of the investigation.

Customer: replied 15 days ago.
How long is the entire process? I've watched videos on this but I guess I was wrong. I understood it was about a year total.
Customer: replied 15 days ago.
Case: 01EO 218 22
Customer: replied 15 days ago.
Disregard wrong #
Customer: replied 15 days ago.
WAC2290024432 (Case no: California office)

Yes, around a year BEFORE the Pandemic.  Now close to double that.  I wouldn't expect the I-129F to be approved until the end of the year, then they forward that to the National Visa Center (NVC) for additional processing that can take around 3 to 6 months or so, then they forward that to the U.S. Embassy or Consulate.  Hopefully, by then, when it would matter, that case will be closed.

What else may I answer for you? I want to make sure you are satisfied and happy with my service to you.

Customer: replied 15 days ago.
If I take a US Government position in UK is he able to come to the US under K-1 Visa and then go back to the UK and file to adjust his status (green card) while I'm on a tour with my federal job there for 3 years, or is there a US residency requirement under K-1 visa he has to be on US soil?

No.  That complicates things.  Adjustment of Status can only be filed while he is physically in the U.S. and after he marries you in the U.S. and he must stay in the U.S. until the I-131 Advance Parole is approved at least and that can take 5 to 7 months or more.  

What else would you like to know? It is important to me that you be satisfied and pleased with the answers that I have provided.

Customer: replied 15 days ago.
Would he be able to stay there a minimum period and then join me in the UK?

As I said before, he has to wait in the U.S. until the I-131 Advance Parole is approved before traveling out of the U.S.  Also, he will have to go back to the U.S. to interview with you in the U.S.  After he gets the green card, he has to maintain it.

Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 months (not necessarily a calendar year) creates a rebuttable presumption of abandonment of residency. Rebutting the presumption is possible by submitting evidence to the contrary, such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. driver's license, U.S. bank accounts with significant movement, etc.

Someone that has been outside of the U.S. for more than one year without first having an approved re-entry permit has abandoned their residency, and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

That may become a problem in a trip back into the U.S. when applying to renew the residency card or applying for U.S. Citizenship.

So basically, he needs to spend more time in the U.S. than outside. If that will not be possible, at least at the beginning, he can apply for a Re-Entry Permit on form I-131. That will allow him to be outside of the U.S. for up to 2 years. He can use it for multiple trips. If he needs more time, he comes back before the two years end, and then he can apply for one more Re-Entry Permit for two more years. If he still needs more time, he can apply again, but after four years, they get harder and harder to get and often only grant them for one year at a time. At some point, he will need to start living in the U.S. and spending more than 180 days per 12 months inside. Here is a link to the I-131:

What other U.S. Immigration Law questions do you have for me? I hope you are pleased with my service. All I want to do is help.

Customer: replied 15 days ago.
I appreciate your help...I would like to know what other things should we be aware about this process that stand out based on your experience.

Just that you need to be in the U.S. making enough income.  If you are going to take a job outside of the U.S., that will complicate things because this process is about family unity IN the U.S.  So, if you are going to do that, at some point you will be asked to show that you are back living in the U.S. or have taken significant steps to move back to the U.S. and that you make enough income that will continue from the same source when you move back to the U.S.

What else may I answer for you?

Customer: replied 15 days ago.
Think about it like US Military they travel. I'm a Civilian and have opportunities for tours overseas but are volunteer not told where I'm going. Sometimes they are US bases, other times not. I will have enough income.

Unfortunately, that doesn't change my answer.  

What else would you like to know?

Customer: replied 15 days ago.
That's it for right now. Thank you Guillermo.

You are very welcome.  Thank you for being a valued customer. Due to time constraints, I am not really available for follow-up questions, but if you need more help or for any situations in the future, please post a NEW session and remember to write FOR GUILLERMO in the message box so that no one else grabs the question. That way, I can become your exclusive immigration consultant. Also, I am not currently taking active cases for representation, but I am accepting certain cases for review and for a very competitive price. Those cases are primarily Adjustment of Status, Removal of Conditions on green cards, and Naturalization. If interested, please let me know so that I can send you a Premium Service request for just a few dollars to discuss in private. I hope you continue to use Just Answer in the future. It really is a great site where, from the comfort of your own home or office, you can communicate with experts in many different areas apart from Legal like Medical, Tax, Automotive, Computer, Electronics, and the list goes on and on. Thanks again and good luck in all your endeavors!

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