1 million questions with my Fiance from France

[B&M 0]

Hey guys, i'm really sorry cause i'm sure these have been asked before, but here goes (our story and questions):

My girlfriend (now my fiance, I just proposed) has been here visiting since January 30th, she is going home on April 29th (cutting it close to 90 days, I know).

She is going to be going to school in the fall, as an international student here in the states.

I will be going to vegas all summer for the World Series of Poker and she wants to come with me, however we were told by the French Consulat in Boston that she won't be able to enter the states again for 1 'semester', i.e. until July 30th, is this true? is it impossible to get her back to visit (she only has the normal passport / temporary tourist visa)

We were also told that when you apply for the fiance visa (K-1 I think ?), she cannot come back into the states while it is processing, but it only takes about 3 months or so once it gets going.

So my questions are:

1. Will she be able to come back before July 30th?

2. If we apply for the fiance visa while she is in school, she will be able to continue school without going home to france for the time it processes... correct?

3. When should we start our fiance visa, how long will the whole process take? Any advice on anything about our situation would be greatly appreciated

Any help / insight you can provide is MUCH appreciated,

-B&M

[Bobby+Umit 161]

Hey guys, i'm really sorry cause i'm sure these have been asked before, but here goes (our story and questions):

My girlfriend (now my fiance, I just proposed) has been here visiting since January 30th, she is going home on April 29th (cutting it close to 90 days, I know).

She is going to be going to school in the fall, as an international student here in the states.

I will be going to vegas all summer for the World Series of Poker and she wants to come with me, however we were told by the French Consulat in Boston that she won't be able to enter the states again for 1 'semester', i.e. until July 30th, is this true? is it impossible to get her back to visit (she only has the normal passport / temporary tourist visa)

We were also told that when you apply for the fiance visa (K-1 I think ?), she cannot come back into the states while it is processing, but it only takes about 3 months or so once it gets going.

So my questions are:

1. Will she be able to come back before July 30th?

2. If we apply for the fiance visa while she is in school, she will be able to continue school without going home to france for the time it processes... correct?

3. When should we start our fiance visa, how long will the whole process take? Any advice on anything about our situation would be greatly appreciated

Any help / insight you can provide is MUCH appreciated,

-B&M

1. As a tourist - she should be able to. (VWP/B/2)

2. If she is in the states, you would probably not want to do the K-1. She would need to go home and interview. You could marry here while on the student visa and AOS, but that would have intent prior to coming here, which is a problem. So forget about marrying her when she comes to study and see how things go.

3. usually takes 6-7 months barring any problems.

[Ed+Cindy 1]

2. If she is in the states, you would probably not want to do the K-1. She would need to go home and interview. You could marry here while on the student visa and AOS, but that would have intent prior to coming here, which is a problem. So forget about marrying her when she comes to study and see how things go.

If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it.

Edited April 23, 2009 by Ed+Cindy

[B&M 0]

2. If she is in the states, you would probably not want to do the K-1. She would need to go home and interview. You could marry here while on the student visa and AOS, but that would have intent prior to coming here, which is a problem. So forget about marrying her when she comes to study and see how things go.

If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it.

She isnt on a student visa yet, she will be in the fall, currently she is here on a tourist visa and we happened to get engaged while she was here, does this change anything? (the engagement was totally unplanned). We only have 1 week until we go back, so if it's best if we get married now while she is here, I guess we would have to know soon, thanks alot!

-B

[B&M 0]

2. If she is in the states, you would probably not want to do the K-1. She would need to go home and interview. You could marry here while on the student visa and AOS, but that would have intent prior to coming here, which is a problem. So forget about marrying her when she comes to study and see how things go.

If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it.

She isnt on a student visa yet, she will be in the fall, currently she is here on a tourist visa and we happened to get engaged while she was here, does this change anything? (the engagement was totally unplanned). We only have 1 week until we go back, so if it's best if we get married now while she is here, I guess we would have to know soon, thanks alot!

-B

also if it makes a difference, she thought I should specify she is currently here as a VWP

[Ed+Cindy 1]

I suggest you ask in the other AOS forum.

[Bobby+Umit 161]

2. If she is in the states, you would probably not want to do the K-1. She would need to go home and interview. You could marry here while on the student visa and AOS, but that would have intent prior to coming here, which is a problem. So forget about marrying her when she comes to study and see how things go.

If your fiance is here legally in the US and she planned to come to the US prior to getting engaged to you, you should just marry her when she is here on the student visa and adjust status. It would be the same story for someone here on an H1B work visa (I have friends that have done that). Since she planned and acquired the studies in the US before being engaged, there is no fraud.

All the background checks done on a K-1 visa would be done as part of the AOS process. Some here will insist you get a K-1 visa, but that will basically force your fiance to return to their home country and forgo their studies.

It's only visa fraud if you come to the US on a difference visa than your intent. Her original intent is to study. Your relationship and engagement is secondary since she has valid intent for her student visa.

You should check out the forum for adjusting status from work/student/tourist visas, instead of asking in a K-1 forum.

This is just my opinion. Please research it.

She isnt on a student visa yet, she will be in the fall, currently she is here on a tourist visa and we happened to get engaged while she was here, does this change anything? (the engagement was totally unplanned). We only have 1 week until we go back, so if it's best if we get married now while she is here, I guess we would have to know soon, thanks alot!

-B

also if it makes a difference, she thought I should specify she is currently here as a VWP

No - that should not matter.

[fozzie 41]

If she is coming to the US to study then she plans on being here for a couple of years at least. Why not just get to kno each other better in that time, then closer to the end of that time if you still want to get married then do it and Adjust status.

[B&M 0]

If she is coming to the US to study then she plans on being here for a couple of years at least. Why not just get to kno each other better in that time, then closer to the end of that time if you still want to get married then do it and Adjust status.

There is no uncertainty in whether or not I want to marry her, I do, absolutely, we've been together for quite a while (I lived in europe for 2 years previously with her), and it's a time in my life where I would like to buy a house / settle down / start a family, she only has 1-1.5 years to finish her masters, but then to do the whole process after that would make it so she can't work / do anything until after it was all done, so we would just much prefer to have it done sooner, rather than later

[Ginger cat 3]

Hey guys, i'm really sorry cause i'm sure these have been asked before, but here goes (our story and questions):

My girlfriend (now my fiance, I just proposed) has been here visiting since January 30th, she is going home on April 29th (cutting it close to 90 days, I know).

She is going to be going to school in the fall, as an international student here in the states.

I will be going to vegas all summer for the World Series of Poker and she wants to come with me, however we were told by the French Consulat in Boston that she won't be able to enter the states again for 1 'semester', i.e. until July 30th, is this true? is it impossible to get her back to visit (she only has the normal passport / temporary tourist visa)

We were also told that when you apply for the fiance visa (K-1 I think ?), she cannot come back into the states while it is processing, but it only takes about 3 months or so once it gets going.

So my questions are:

1. Will she be able to come back before July 30th?

2. If we apply for the fiance visa while she is in school, she will be able to continue school without going home to france for the time it processes... correct?

3. When should we start our fiance visa, how long will the whole process take? Any advice on anything about our situation would be greatly appreciated

Any help / insight you can provide is MUCH appreciated,

-B&M

how desappointing.

i was expceting 1 millions questions, not 3.

[Ginger cat 3]

If she is coming to the US to study then she plans on being here for a couple of years at least. Why not just get to kno each other better in that time, then closer to the end of that time if you still want to get married then do it and Adjust status.

*slaps on the head*

hey! who do you think she is.

she is not "pinay" . she is french, of course, he knows what he is doing, and he chose the best*...

*well, after me.

Edited April 23, 2009 by Ginger cat

[B&M 0]

I reposted this in AoS but no responses for 5-6 hours, I don't know what's standard of these boards, but they seem pretty active. We only have til next Wed. (when she flies back) so any help would be greatly appreciated

[msu17 0]

You can marry now if you want. From what it sounds like she didn't enter the US with the intent of getting married so you technically could file AOS now, but she wouldn't be allowed to go home until she got her travel permit. Like someone else mentioned, considering she already got her student plans going before you got engaged, you could marry while she was here doing her masters. Probably best to wait a few months though so it doesn't look like she did it to marry you. Or finally, you could file a K1, but she would need to return at some point for her medical and interview. The process most times takes several months longer than 3. Look at processing times at the top of the page for a better idea.

To summarize: 4 options

1) marry now and she stays and you file AOS. However she won't be able to return home for around 3 months till you get her travel permit

2) Marry now, she returns home and you file for K3 or CR1. However I'm not sure how that would work with her student visa, so in my mind worst option

3) Have her come on her student visa and marry and adjust during that time. You can do this since she isn't using the student visa with the intent to marry, but to study.

4) File K1 when you want. She will have to return to her country for the medical and interview.

Oh, and the AOS section gets less traffic that the K1, thats prob. why no one answered you yet.

Edited April 23, 2009 by msu17

[B&M 0]

You can marry now if you want. From what it sounds like she didn't enter the US with the intent of getting married so you technically could file AOS now, but she wouldn't be allowed to go home until she got her travel permit. Like someone else mentioned, considering she already got her student plans going before you got engaged, you could marry while she was here doing her masters. Probably best to wait a few months though so it doesn't look like she did it to marry you. Or finally, you could file a K1, but she would need to return at some point for her medical and interview. The process most times takes several months longer than 3. Look at processing times at the top of the page for a better idea.

To summarize: 4 options

1) marry now and she stays and you file AOS. However she won't be able to return home for around 3 months till you get her travel permit

2) Marry now, she returns home and you file for K3 or CR1. However I'm not sure how that would work with her student visa, so in my mind worst option

3) Have her come on her student visa and marry and adjust during that time. You can do this since she isn't using the student visa with the intent to marry, but to study.

4) File K1 when you want. She will have to return to her country for the medical and interview.

Oh, and the AOS section gets less traffic that the K1, thats prob. why no one answered you yet.

Thanks a ton, this is a really great answer. I think well go with marrying before she leaves as returning home isnt urgent for her right now so waiting 60 days to 3 months or whatever is standard is fine, I posted also in AOS but just in case, what is the approx time frame for her to gain residency / ability to work / done with paperwork ;p

thanks so much, and again, thanks for your great reponse

[Ed+Cindy 1]

Thanks a ton, this is a really great answer. I think well go with marrying before she leaves as returning home isnt urgent for her right now so waiting 60 days to 3 months or whatever is standard is fine, I posted also in AOS but just in case, what is the approx time frame for her to gain residency / ability to work / done with paperwork ;p

thanks so much, and again, thanks for your great reponse

The timelines at the top of the page also have pages for AOS, AP (travel document) and EAD (work permit).

Looks like right now, AP is averageing 67 days.