USA entry during application process

[Rub 0]

So, me and my girlfriend of 4 years are taking the big step, and she will be looking to relocate from Paris to San Francisco to live with me (I'm a USA citizen, and she is a French citizen). Problem is that after having already dealt with the long distance relationship for so long, it is pretty daunting to see that the whole k-1 visa process can take 6-8 months before the application is approved and visa granted, since that means we still wont be together for that much longer. So, I'm trying to figure out if there are other faster ways of applying for a visa, or if there are ways she can still be in the USA while the visa is being approved. Here's my specific questions:

1. If applying for a K-1 visa, can she still travel to the USA under the standard holiday/visitor visa for up to 3 months? So, can she enter the USA under the visitor visa while the K-1 visa is being processed, and not yet approved?

2. I have read of people coming into the USA without the K-1 visa, and then getting married while in the USA. Once married, they then apply for an AOS while in the USA. Is this process any faster? Would the person be able to get a work permit before the AOS is completed? Or, would the person not be eligible to work in the USA until the AOS is completed?

3. Would the process be faster if we got married in France, and we then applied at the US embassy in Paris for a visa? Not sure which visa to apply for at that point?

4. Would the process be faster if we got married in USA, and we then applied at the US embassy in Paris for a visa? Not sure which visa to apply for at that point?

5. I believe there is a mandatory stay period within the USA after a green card/permanent resident visa is granted. Are there exemptions from this period? Main concern is that my girlfriend will need to travel out of the country in June 2012 for family matters.

Thanks for any help!

[Harsh_77 716]

So, me and my girlfriend of 4 years are taking the big step, and she will be looking to relocate from Paris to San Francisco to live with me (I'm a USA citizen, and she is a French citizen). Problem is that after having already dealt with the long distance relationship for so long, it is pretty daunting to see that the whole k-1 visa process can take 6-8 months before the application is approved and visa granted, since that means we still wont be together for that much longer. So, I'm trying to figure out if there are other faster ways of applying for a visa, or if there are ways she can still be in the USA while the visa is being approved. Here's my specific questions:

1. If applying for a K-1 visa, can she still travel to the USA under the standard holiday/visitor visa for up to 3 months? So, can she enter the USA under the visitor visa while the K-1 visa is being processed, and not yet approved? - She can try but it is not guranteed entry, it is upto the officer at POE to grant the entry or not.

2. I have read of people coming into the USA without the K-1 visa, and then getting married while in the USA. Once married, they then apply for an AOS while in the USA. Is this process any faster? Would the person be able to get a work permit before the AOS is completed? Or, would the person not be eligible to work in the USA until the AOS is completed?This approach is illegal.

3. Would the process be faster if we got married in France, and we then applied at the US embassy in Paris for a visa? Not sure which visa to apply for at that point? You cannot file for DCF, for DCF USC has to be resident in that country. Once you are married you have to file for CR1 and then once the visa is granted she can enter US.

4. Would the process be faster if we got married in USA, and we then applied at the US embassy in Paris for a visa? Not sure which visa to apply for at that point?There is no such process of you getting married in US and applying in Paris.

5. I believe there is a mandatory stay period within the USA after a green card/permanent resident visa is granted. Are there exemptions from this period? Main concern is that my girlfriend will need to travel out of the country in June 2012 for family matters.To maintain her GC she has to live in USA for major portion of the year, you are allowed to take trip out of the US, there is no restriction on it.

Thanks for any help!

[kzielu 1,147]

1. Yes

2. If someone comes in on a B1/B2 visa or VWP with an immigration intent that is a fraud and can lead to a lifetime ban. EAD is typically issued before AOS is completed.

3. No - visa will be CR1

4. Same as #4. No difference.

5. Once you enter on K-1, your wife will need advance parole and to travel and be admitted back in US. Takes a while to get it. With CR1 she will have green card and will be able to travel back next day after entry to US.

See this : http://www.visajourney.com/content/compare

[Oksana & Max 94]

So, me and my girlfriend of 4 years are taking the big step, and she will be looking to relocate from Paris to San Francisco to live with me (I'm a USA citizen, and she is a French citizen). Problem is that after having already dealt with the long distance relationship for so long, it is pretty daunting to see that the whole k-1 visa process can take 6-8 months before the application is approved and visa granted, since that means we still wont be together for that much longer. So, I'm trying to figure out if there are other faster ways of applying for a visa, or if there are ways she can still be in the USA while the visa is being approved. Here's my specific questions:

1. If applying for a K-1 visa, can she still travel to the USA under the standard holiday/visitor visa for up to 3 months? So, can she enter the USA under the visitor visa while the K-1 visa is being processed, and not yet approved?

2. I have read of people coming into the USA without the K-1 visa, and then getting married while in the USA. Once married, they then apply for an AOS while in the USA. Is this process any faster? Would the person be able to get a work permit before the AOS is completed? Or, would the person not be eligible to work in the USA until the AOS is completed?

3. Would the process be faster if we got married in France, and we then applied at the US embassy in Paris for a visa? Not sure which visa to apply for at that point?

4. Would the process be faster if we got married in USA, and we then applied at the US embassy in Paris for a visa? Not sure which visa to apply for at that point?

5. I believe there is a mandatory stay period within the USA after a green card/permanent resident visa is granted. Are there exemptions from this period? Main concern is that my girlfriend will need to travel out of the country in June 2012 for family matters.

Thanks for any help!

Will answer as much as I can based on your questions.

1. Yes she still can travel. A good suggestion will be to carry the NOA-1, so the CBP officer will see that you are in the middle of the process in case of questioning at the POE.

2. While it is doable. This could raise a red flag, as basically she entered US as a visitor but got married. While she disclosed at the POE to the CBP officer that she is just visiting. I wouldn't recommend this option.

3. You can't file for a wife Visa in Paris. This is a CR-1 Visa, which you can only file in USA.

4. Pretty much same thing as number 3. Not much of a difference she still would need to go to Paris for interview, and can only be in US for 90 days.

5. It is all depends for how long she have to go. If it is only for a few weeks or a month this will not be an issue.

As a side not for all of it. You already waited for 4 years. Why don't you just apply for a visa that seems to be most appropriate for you and wait the required time.