Help deciding which Visa to use

[medoraman 0]

Hi,

I am new here, and really appreciate this website a lot. My question is concerning my Thai fiance. She wishes to come here in December for a few months at least. She has a 10 year US visa. We wish to marry next year. Is there any concern about her living with me while we are applying for a fiance visa? When should we apply for the fiance visa, before she comes here or wait until she is here? If we happened to get married in the US while she is here, would that affect our ability to get a wife visa? I know we are lucky that she has the ability to come and visit me, but it also makes all of our options confusing. Bottom line is that we do not want to do anything that would hurt our chances for her to move here.

Thanks for any advice you could give me, and for the great site.

Chris

[payxibka 10,045]

Hi,

I am new here, and really appreciate this website a lot. My question is concerning my Thai fiance. She wishes to come here in December for a few months at least. She has a 10 year US visa. We wish to marry next year. Is there any concern about her living with me while we are applying for a fiance visa? When should we apply for the fiance visa, before she comes here or wait until she is here? If we happened to get married in the US while she is here, would that affect our ability to get a wife visa? I know we are lucky that she has the ability to come and visit me, but it also makes all of our options confusing. Bottom line is that we do not want to do anything that would hurt our chances for her to move here.

Thanks for any advice you could give me, and for the great site.

Chris

1) no affect on the fiance(e) visa

2) no affect on the spousal visa... the USCIS does not care about where the marriage occured.... just that one legally occured.

Edited September 8, 2008 by fwaguy

[medoraman 0]

Hi,

I am new here, and really appreciate this website a lot. My question is concerning my Thai fiance. She wishes to come here in December for a few months at least. She has a 10 year US visa. We wish to marry next year. Is there any concern about her living with me while we are applying for a fiance visa? When should we apply for the fiance visa, before she comes here or wait until she is here? If we happened to get married in the US while she is here, would that affect our ability to get a wife visa? I know we are lucky that she has the ability to come and visit me, but it also makes all of our options confusing. Bottom line is that we do not want to do anything that would hurt our chances for her to move here.

Thanks for any advice you could give me, and for the great site.

Chris

1) no affect on the fiance(e) visa

2) no affect on the spousal visa... the USCIS does not care about where the marriage occured.... just that one legally occured.

So would you suggest that we just jointly complete the Fiance visa app when she is here? A couple of months will not matter, but it looks like the spousal visa takes much longer. I think it would be easier to just fill the forms out jointly together. Sorry if these are repetitive, or stupid questions, this is all new to me. I am very relieved that her being here on a tourist visa will not affect her ability to get a Fiance visa.

[payxibka 10,045]

your choice... you certainly can prepare and file it when she is here

[pushbrk 12,569]

your choice... you certainly can prepare and file it when she is here

The chances of her actually being allowed to enter the US using the in hand visa are decreased once the I-129F is filed, as she will be presumed to have immigrant intent. She should not indicate the purpose of her entry is to visit her "fiance". Surely, she'll be visiting friends and vacationing too, right?

She may remain in the USA for as long as the stay she is granted. She then must leave the US. The chances of re-entry before obtaining the K1 visa are pretty iffy. Of course, her visa interview will be in Thailand.

[katej0203 1]

I was in the US when my fiance petitioned my visa.... nothing came of it, and there is no reason why it should. I have been living with my fiance (joint tenancy) for about 2 years now, as I have been coming and going on tourist waivers and J1 visas.

She should NOT say anything about you, the house, or the I129F when she enters the US. As said above, she should say she is vacationing and staying with friends. As she will be there for a while, I suggest she also has proof of personal funds to last the trip... I have been asked when I am staying for a long time... they want to see that she will not need to find unauthorized work.

She will, however, have to answer a question on the I129F that is related to whether she is there at the time or not. This is fine and should be answered honestly.

As said above, she should not overstay the visa, and should leave when it expires. Without being on the visa waiver program, it would be risky to renter, once the petition is in place. But this should be pretty close to the interview and medical date anyway.

Edited September 8, 2008 by katej0203

[pushbrk 12,569]

As said above, she should not overstay the visa, and should leave when it expires. Without being on the visa waiver program, it would be risky to renter, once the petition is in place. But this should be pretty close to the interview and medical date anyway.

The issue is not the visa expiration date, which is years down the road. The issue is the I-94 expiration date, the length of stay actually granted upon entry.