I-130 petition for a Tourist VISA holder fiancee

[NigeriaorBust 4,087]

If you have evidence of meeting sometime in the last 2 years and the other things in the guide you could file today. The only thing stopping that is her signature is required on the biographic forms. She could visit at any time during the process ( as long as she shows stong ties to where she left from) WIth either path the interview will be either in her home country or the place she is legally residing.

[Harpa Timsah 13,258]

The medical and interview CANNOT BE DONE HERE. SHE CANNOT ADJUST IN COUNTRY. Both a fiance visa or a spousal visa require that the person go home for medical and interview. Why not file fiance visa today?

[Done--Really 331]

Reggie--

1) Get married immediately

2) File I-130 as soon as you can to get the CR-1 ball rolling--all you have to wait for is the marriage certificate

3) FORGET anything else--you are still mixing up the process--it is simple, simple, simple--read ONLY about the CR-1

4) In 3 - 6 months you will go to step 2--I-864, I-230, etc

5) She can stay as long as her visa is valid--you will likely be done with the I-130 by then

6) Medical is done in her home country (or Ireland)--not here--

It is really, really easy--read the CR-1 instructions, and have her bring the required documents with her or order them immediately if she doesn't have them in Ireland

[ReggieSF 0]

Reggie--

1) Get married immediately

2) File I-130 as soon as you can to get the CR-1 ball rolling--all you have to wait for is the marriage certificate

3) FORGET anything else--you are still mixing up the process--it is simple, simple, simple--read ONLY about the CR-1

4) In 3 - 6 months you will go to step 2--I-864, I-230, etc

5) She can stay as long as her visa is valid--you will likely be done with the I-130 by then

6) Medical is done in her home country (or Ireland)--not here--

It is really, really easy--read the CR-1 instructions, and have her bring the required documents with her or order them immediately if she doesn't have them in Ireland

Magical,

Thank you! That really boosted my confidence! Regarding #5 is it OK for her to quit her job already in Ireland before she comes here using her Tourist visa to come here? Might it create any problems during the process?

I loved point #1. That's what we want.

We talked about her coming here this October, and since we're undecided on which route (k-1 or Cr-1) to take it has been very stressful especially for me.

If you have evidence of meeting sometime in the last 2 years and the other things in the guide you could file today. The only thing stopping that is her signature is required on the biographic forms. She could visit at any time during the process ( as long as she shows stong ties to where she left from) WIth either path the interview will be either in her home country or the place she is legally residing.

Does this mean that she should not quit her job in Ireland?

The medical and interview CANNOT BE DONE HERE. SHE CANNOT ADJUST IN COUNTRY. Both a fiance visa or a spousal visa require that the person go home for medical and interview. Why not file fiance visa today?

Got it. Thanks, Harpa! Every bit of info is very useful.

[Ryan H 3,810]

Ftom what I heard it takes 3 mos at least for the whole fiancee proces and based on the processing times on the UCIS it takes 5 mos for the i-130.

Posted times by USCIS from NOA1 to NOA2 is 5 months for fiancee petitions (I-129F) and spouse petitions (I-130). It may not take that long, or it may take longer.

The interview and medical exams can it be done here?

No

From the form it asked if my fiancee is here and if so asked for her 1-94/95 number and the expiry. does that mean we can file it when she's here?

To the best of my knowledge, I know of no rule or law that says you cannot file while she is here.

Edited August 2, 2011 by Ryan H

[ReggieSF 0]

Posted times by USCIS from NOA1 to NOA2 is 5 months for fiancee petitions (I-129F) and spouse petitions (I-130). It may not take that long, or it may take longer.

No

To the best of my knowledge, I know of no rule or law that says you cannot file while she is here.

I went to my local USCIS and used the InfoPass. The immigration officer said that once we get married here, I should file the Adjustment of Status and I-130. I asked her if my wife needs to go back to Manila or Dublin to wait for processing she said no. And also asked where the medical exam and interview will be done. she said itwill be done here. Is this something new?

Edited August 5, 2011 by ReggieSF

[Penguin_ie 5,992]

No it is not new. As you have been told several times, the question is one of intent. If she comes here and you two spontaneously decide she should stay, she can Adjust Status. But if you are planning it- which you clearly are- then it can be considered material missrepresentation at the border, leading to a lifetime ban for your wife.

[HS2 7]

No it is not new. As you have been told several times, the question is one of intent. If she comes here and you two spontaneously decide she should stay, she can Adjust Status. But if you are planning it- which you clearly are- then it can be considered material missrepresentation at the border, leading to a lifetime ban for your wife.

I agree with Penguin_ie

It all comes down to the intent

You guys are planing to get married and trying to find a shortcut around the process.Turist visas are given to people with ties back home so they will return after their visit.

If your decision to get married was not planed before your fiancee came to the states on a visitor visa that would be a legit way to adjust status in US

Planing to get married on a visitor visa and AOS in US is Fraud

[keysjangle 145]

In my opinion, CR-1 is the best way to go. It's very simple and straightforward.

She can still come visit you (during visa processing) but just make sure she has enough evidence to show the American customs officers that she has attachments to home, ie lease agreement, letter from work, car payments, etc. They need to know she isn't trying to come to the US on a tourist visa to stay permanently.

Once she goes to her interview and hopefully gets approved (typically around 9 months) she will be able to come to the USA and work almost immediately. Her social security number should get mailed to her within a month. This is a huge bonus to CR-1.

Good luck, I know it's confusing at first. Do lots of reading and ask questions. It's the best way to learn.