Complete Newbie: Foreign Wedding, Needs Advice

[johnrte66 0]

Hello all,

Just joined. This is packed with info!

I'm sure this is on here somewhere, but there are so many details. I need some very basic questions answered first. I'm heading into a visa situation and want to choose the right road. I have a lot of learning to do!

Anyway, here is my situation:

-- I am a US citizen, born and raised

-- I am marrying a foreign citizen (Irish) in Dublin, Ireland in summer 2012. We are not marrying in the United States.

-- We will live in the United States, immediately following.

-- We have no children or other relatives, and we have no other legal complications (never overstayed our travel visas, have current passports, etc.)

-- It will not be the first time we've met. We've known each other/dating for about two and a half years.

-- We got engaged in July 2011.

My basic questions:

-- which visa is right for us?

-- what's the first step?

If it helps so that you don't have to repeat any information, you can just include a link where I can read more, and get started. But feel free to give me your advice. it will be gladly accepted.

Many thanks for your patience and understanding with this newbie.

John

[J and S 38]

http://www.visajourn.../content/guides

Your options will be either the CR-1/IR-1 or the K-3, which you can read through on the link I added.

This is a quick flow chart with the differences between them: http://www.visajourn...content/compare

Unfortunately, she will not be able to live here immediately after the wedding, but once she has received the visa. Unless, she already has a different visa and lives in the US, and you're going there just for the wedding. In that case, you would need to adjust her status.

Good luck and congratulations on the upcoming wedding!!!

Edited December 29, 2011 by J and S

[menina 50]

http://www.visajourn.../content/guides

Your options will be either the CR-1/IR-1 or the K-3, which you can read through on the link I added.

This is a quick flow chart with the differences between them: http://www.visajourn...content/compare

Unfortunately, she will not be able to live here immediately after the wedding, but once she has received the visa. Unless, she already has a different visa and lives in the US, and you're going there just for the wedding. In that case, you would need to adjust her status.

Good luck and congratulations on the upcoming wedding!!!

K1 visas are for marrying in the US, so you would want a CR-1/IR-1 depending on how long you have been married when you apply. The timeline varies but will likely take 8-12 months to receive the visa. Also agree with the above poster if she is already living in the US.

[Krikit 1,164]

Hello there, and welcome to VJ.

I am going to move your thread from the K-1 forum to the CR-1 forum as that is the visa you will want to go for. The K-3 is pretty much obsolete. You will want to check the timelines at the top of the page as your bride will not be able to move immediately to the US following your wedding. Best guess is that she'll be able to immigrate during the first half of 2013 should you file immediately and all goes well.

[Robert&Karen 264]

We looked into marrying in the UK and then having her immigrate but that would have added about 2-3 months onto the immigration timeline. Instead we opted to marry in the US and from initial filing to the wedding was 8 months 8 days. We are now in AOS and we see others who married first just arriving.

[johnrte66 0]

Thanks for all the good replies. And thanks for moving my question to a more appropriate area.

Next question, then:

If we were to get married in the United States, then what's the difference between applying for a I-129 F fiance visa, or getting married while she's on a regular tourist visa? There must be a difference, or else the fiance visa wouldn't be offered.

Thanks again. I'm working my way through all of this.

John

[rkk1 34]

Thanks for all the good replies. And thanks for moving my question to a more appropriate area.

Next question, then:

If we were to get married in the United States, then what's the difference between applying for a I-129 F fiance visa, or getting married while she's on a regular tourist visa? There must be a difference, or else the fiance visa wouldn't be offered.

Thanks again. I'm working my way through all of this.

John

Unless she ALREADY has a tourist visa, you cannot apply for a tourist visa for her since you have plans to marry. Tourist visas (as I know) are only for those people who have no intention to immigrate (which is not the case for someone who plans to marry you). My husband and I will be apart for the next 10 months, as I wish I could get a tourist visa for him to come here, but he isn't eligible as we are married and in the process of a CR-1. So if she already has a tourist visa she could come to the US, if not then you will have to spend a lot of time in her country until her visa is approved. Otherwise, if you can't be there and she can't come here, then you will just have to stay apart for months until the K-1 or CR-1 visa is approved (depending on which one you decide to apply for). The fiance visa is for someone who intends to immigrate and get married to you. So once that is approved (in 7-8 months), then she'll have the option to come to the US and marry you here in the states.

[Robert&Karen 264]

If they find out that you plan to marry on a tourist visa (and they can since you admitted it here) then you will be lying when telling of your intent on coming to America when crossing the border. Not a great way to start a new life. There is indeed a long line. Maybe you can visit her while waiting for the visa? I flew to the UK many times while in the immigration process.

[Ryan H 3,812]

My answers in bold:

My basic questions:

-- which visa is right for us? CR-1

-- what's the first step? File form I-130 and accompanying documentation with USCIS

If we were to get married in the United States, then what's the difference between applying for a I-129 F fiance visa, or getting married while she's on a regular tourist visa? There must be a difference, or else the fiance visa wouldn't be offered.

Since Ireland is a VWP participant, your fiancee does not need a tourist visa. Furthermore, you and your fiancee can get married in the US on the VWP, HOWEVER; she would need to return to Ireland when her authorized stay expired. Other posters who stated coming to get the US on a tourist visa with the intention of getting married is not allowed did not give complete answers. Coming to the US to with the intention to get married on the VWP or a tourist visa is legal as long as the foreign citizen departs the US when their authorized stay expires. What is prohibited is coming to the US on the VWP or a tourist visa with the intention of getting married and then staying and filing to adjust status.

The fiancee visa (K1) is for a foreign fiance(e) of a US Citizen to come to the US, get married, and then stay and file to adjust status. The form that is filed to start that process is the I-129F.

[johnrte66 0]

My answers in bold:

Since Ireland is a VWP participant, your fiancee does not need a tourist visa. Furthermore, you and your fiancee can get married in the US on the VWP, HOWEVER; she would need to return to Ireland when her authorized stay expired. Other posters who stated coming to get the US on a tourist visa with the intention of getting married is not allowed did not give complete answers. Coming to the US to with the intention to get married on the VWP or a tourist visa is legal as long as the foreign citizen departs the US when their authorized stay expires. What is prohibited is coming to the US on the VWP or a tourist visa with the intention of getting married and then staying and filing to adjust status.

The fiancee visa (K1) is for a foreign fiance(e) of a US Citizen to come to the US, get married, and then stay and file to adjust status. The form that is filed to start that process is the I-129F.

Hi Ryan,

Thanks for your excellent reply. Obviously we have no intention of fouling anything up, or misrepresenting ourselves. We want to do this completely above board. I'm just trying to get my head around all of this expressly so that we don't make any mistakes.

If she were to come back on the passport stamp she already has, and get married here, she would not ever, ever extend her stay. In that case, then, I would apply for the CR-1.

Then, once back in Ireland and married in the U.S., she would not be able to return until her clearance would come through, is that right?

Many thanks.

[Ryan H 3,812]

If she were to come back on the passport stamp she already has, and get married here, she would not ever, ever extend her stay. In that case, then, I would apply for the CR-1.

Passport stamp? Perhaps you are talking about valid ESTA? Anyway, if she already has a valid ESTA, she can come on the VWP, you two can get married, and she then returns home. You would not apply for the CR-1, you would file the petition. When that petition is approved, your wife would apply for the CR-1.

Then, once back in Ireland and married in the U.S., she would not be able to return until her clearance would come through, is that right?

No, that is not correct. She is allowed to visit while the petition is pending, however, there is no guarantee she would be allowed entry by CBP. She should carry plenty of evidence of ties to Ireland should such ties be asked for by CBP. Finally, CBP operates a preclearance facility at the airport in Dublin, so US entry procedures can be processed there.

[Guinness 3]

Hi Ryan,

Thanks for your excellent reply. Obviously we have no intention of fouling anything up, or misrepresenting ourselves. We want to do this completely above board. I'm just trying to get my head around all of this expressly so that we don't make any mistakes.

If she were to come back on the passport stamp she already has, and get married here, she would not ever, ever extend her stay. In that case, then, I would apply for the CR-1.

Then, once back in Ireland and married in the U.S., she would not be able to return until her clearance would come through, is that right?

Many thanks.

[/quote

just a little note

don't apply for a tourist visa unless you are sure you will get it. If you apply and get Denied she becomes ineligible for the VWP. She then will NO longer be able to visit until the CR1 is approved. this happened to us

[david'sgirl 134]

We looked into marrying in the UK and then having her immigrate but that would have added about 2-3 months onto the immigration timeline. Instead we opted to marry in the US and from initial filing to the wedding was 8 months 8 days. We are now in AOS and we see others who married first just arriving.

We wed in Scotland because it took me less than 2 weeks to get a visa to wed there where we saw people waiting over a year for fiance visa. We wed in July, interviewed late January and he arrived early Feb which was 7 months from the day we wed. I would recommend the CR1 after you wed over there.

[david'sgirl 134]

just a little note

don't apply for a tourist visa unless you are sure you will get it. If you apply and get Denied she becomes ineligible for the VWP. She then will NO longer be able to visit until the CR1 is approved. this happened to us

My husband visited multiple times on VWP while we waited for the CR1. We never had a problem. If you have a return ticket and proof of a life back home and have never overstayed it should not be an issue. We were honest but were never even asked for the documents he carried. It is always possible someone can be denied entry and sent back but it is just as likely you can visit and have no issues at all.

[Guinness 3]

My husband visited multiple times on VWP while we waited for the CR1. We never had a problem. If you have a return ticket and proof of a life back home and have never overstayed it should not be an issue. We were honest but were never even asked for the documents he carried. It is always possible someone can be denied entry and sent back but it is just as likely you can visit and have no issues at all.

you can visit on VMP yes :thumbs: , But what I said was if you apply for a Tourism Visa and get denied. :crying:

You become ineligible for VWP program. you then can and will be denied entry. :bonk:

A tourism visa 6 month without return and the VMP 2 visit of 90 days or less per year are not exactly the same

Edited January 1, 2012 by Guinness