Fiance Visa Advice Needed

[JSP 0]

I live in the UK, and am 21 and I'm currently engaged to my Fiance who is in Florida, aged 27. We are at the point now where we are ready to get married and live together, and we are looking into me moving to the US. We've met twice in the last year, and have plenty of evidence to prove our relationship is genuine.

We have been researching the Fiance Visa, but really it seems a complicated process, and would really appreciate any advice from people going through / have gone through the same thing.

This week we spoke to an attourney who made gave us a scenario that we didnt expect, and are not sure how realistic it might be for us. The attourney said that I could come over the US on the Visa Waiver programme, and if we got married after a certain amount of time, we could go to them, and they could file a petition for my permanent stay. Being as we were getting prepared to apply for the fiance Visa, this came as a shock, as realistically all we would need to prepare for is the attourney fee's etc, before we went through with this. Has anybody else had this suggested to them before? Does it sound realistic? I'm thinking of the possibility that if I over-stay on the Visa Waiver programme, that it would jeopardise my future trips to see her.

With regards to the fiance Visa, there's a couple of questions we have. My fiance has been unemployed for a long time, and has not got any savings to speak of, and receives a monthly SSI cheque, so we are going to have to get a member of her family to co-sponsor the petition. Will this jeopardise the chances of an approved application? We would then stay with that famlily member until I can find work in the US. I work full time, but obviously would be having to give up my job when moving to the US.

With the fiance Visa, if we got married within the 90 days, would I then have to leave when the 90 days has expired when we'd be applying for adjustment of status? Lastly, and perhaps the most simple question of all, where do we actually get these papers from, to fill in and send off?

Any help anyone could provide would be really appreciated, we are dying to be together, and want to make all the right moves so that we can.

Cheers in advance.

Edited October 27, 2006 by JSP

[Bruce n Jen 0]

The first answer anyone will give you is to read the Guides section - click at the top tabs on the website and read everything there is about the K1 visa. After that ask away!

[Yodrak 7]

JSP,

Where were you when "we" spoke with this attorney?

Attornies generally know better than VJers, and they learn more about a person and the specifics of the situation by talking with them than the people reveal in posts to VJ, so having VJers 2nd-guess the attorny's advice is a dubious proposition.

This particular subject usually creates lively and entertaining debates here on VJ.

Yodrak

I live in the UK, and am 21 and I'm currently engaged to my Fiance who is in Florida, aged 27. We are at the point now where we are ready to get married and live together, and we are looking into me moving to the US. We've met twice in the last year, and have plenty of evidence to prove our relationship is genuine.

We have been researching the Fiance Visa, but really it seems a complicated process, and would really appreciate any advice from people going through / have gone through the same thing.

This week we spoke to an attourney who made gave us a scenario that we didnt expect, and are not sure how realistic it might be for us. The attourney said that I could come over the US on the Visa Waiver programme, and if we got married after a certain amount of time, we could go to them, and they could file a petition for my permanent stay. Being as we were getting prepared to apply for the fiance Visa, this came as a shock, as realistically all we would need to prepare for is the attourney fee's etc, before we went through with this. Has anybody else had this suggested to them before? Does it sound realistic? I'm thinking of the possibility that if I over-stay on the Visa Waiver programme, that it would jeopardise my future trips to see her.

.....

Edited October 27, 2006 by Yodrak

[Kathryn41 3,205]

First off, I would be very cautious with a lawyer who advised you to come to the US on Visa Waiver program to get married and adjust your status from within the US. While you can come and get married, it is considered immigration fraud if you plan to get married and then stay in the US to adjust your status to a permanent resident. You are supposed to leave the US and then apply for a spousal visa from outside of the US. That doesn't mean it doesn't happen but it is definitely not an approved course of action.

The K-1 visa is a reasonable route to go. Your fiancee petitions the immigration department to receive permission for you to apply for a fiance visa. Once her petition is approved, the information is sent to the Consulate in the UK who then issue you a package of information about how to apply for the K-1 (fiance visa). You complete the application, obtain the necessary attachments, attend an interview and receive the K-1 visa. It is good for a one time entry to the US with your belongings in order to get married within the 90 days. Once you get married, you don't have to leave the US but apply for Adjustment of Status (AOS) from a non-immigrant fiance to an immigrant family class permanent resident. You can also apply for permission to work (Employment Authorization) at the same time. If you don't get married within the 90 days then you are supposed to leave the US. If you have a co-sponsor who meets the financial guidelines, you shouldn't have any difficulties. The government just wants to know there is someone willing to accept the responsibility that you won't become a public charge.

You can obtain all of the forms - and a lot of other useful information - from the immigration website: www.uscis.gov. Then, on the left hand side you can select 'forms'. The one your fiance wants first is the I-129f.

Do read the file posted at the top of this forum. It has a lot of useful information that should answer many of your questions.

Edited October 27, 2006 by Kathryn41

[1HappyGuy 45]

The fiancee visa process isn't that complicated and it is still the best method for getting here legally. Your fiancee should be concerned about where she and you met. The IMBRA law affects many people and you could find it delaying the process if you are involved. The advice of checking the guides is best so far.

Since you are from UK, it is rather easy for you to visit during the processing period. I would advise against coming in on the waiver program and then getting married. The USCIS might make you return to UK and file for a K-3 visa then.

The process is fairly slow but in the end you and her will be together for many years to come. Do it the right way.

[JSP 0]

The first answer anyone will give you is to read the Guides section - click at the top tabs on the website and read everything there is about the K1 visa. After that ask away!

I've read the guides through and through before posting, but I think we'd benefit alot more if some posters here could put it in 'everyday terms'.

JSP,

Where were you when "we" spoke with this attorney?

Attornies generally know better than VJers, and they learn more about a person and the specifics of the situation by talking with them than the people reveal in posts to VJ, so having VJers 2nd-guess the attorny's advice is a dubious proposition.

This particular subject usually creates lively and entertaining debates here on VJ.

Yodrak

I spoke to the attourney on the phone, and they suggested this route as the quickest, and they seemed pretty confident that they could petition for my stay, and it all go smoothly. Obviously thats music to the ears, but at the same time we're obviously slightly cautious about how realistic it is. With subjects like immigration you need to be fully confident before jumping into anything, and thats really the purpose of my post. Just to see the views / experiences / opinions, of those in the same position.

Edited October 27, 2006 by JSP

[YuAndDan 153]

A few things, The first scenario is considered by the USCIS to be immigration fraud, entering the country with intent to immigrate with out proper visa can result in a denial at the adjustment of status. It is a risky move, it is better to do the proper visa. People have done the visit am marry approach only to find out the hard way at the AOS interview.

Second If you do K-1 when you enter the USA you have 90 days to marry but you do not leave the country until you either have Advance Parole (AP) or the Green card (LPR).

Your last question is best answered by directing you to the Guides:

http://www.visajourney.com/forums/index.ph...mp;page=k1guide

http://www.uscis.gov/graphics/howdoi/fiance.htm

http://www.usembassy.org.uk/cons_new/visa/iv/fiance.html

http://www.usembassy.org.uk/cons_new/visa/.../visaforms.html

You can do it your self and save on attorney fees, you came to the right place to start.

[JSP 0]

Thanks for the advice, its much appreciate.

Last question tonight;

If my fiance is going to need a co-sponsor, will she need any different/extra forms?

[sheraz 0]

The first answer anyone will give you is to read the Guides section - click at the top tabs on the website and read everything there is about the K1 visa. After that ask away!

I've read the guides through and through before posting, but I think we'd benefit alot more if some posters here could put it in 'everyday terms'.

JSP,

Where were you when "we" spoke with this attorney?

Attornies generally know better than VJers, and they learn more about a person and the specifics of the situation by talking with them than the people reveal in posts to VJ, so having VJers 2nd-guess the attorny's advice is a dubious proposition.

This particular subject usually creates lively and entertaining debates here on VJ.

Yodrak

I spoke to the attourney on the phone, and they suggested this route as the quickest, and they seemed pretty confident that they could petition for my stay, and it all go smoothly. Obviously thats music to the ears, but at the same time we're obviously slightly cautious about how realistic it is. With subjects like immigration you need to be fully confident before jumping into anything, and thats really the purpose of my post. Just to see the views / experiences / opinions, of those in the same position.

Easiest method is K1. (The lawyers will not be able to make any money of you since the process is so simple)

If you VWP visa is only 1 mth, it will be hard for you to show that you had non-immigrant intent before you came here as most people recommend waiting atleast 30 days before marriage.

You situation is really simple. Dont involve the lawyers, as they will only complicate things.

K1 process will probably take you 6-12 mths.

[Yodrak 7]

JSP,

I ask again - where were you? At home in the UK or visiting your fiancee in the USA?

Yodrak

JSP,

Where were you when "we" spoke with this attorney?

Attornies generally know better than VJers, and they learn more about a person and the specifics of the situation by talking with them than the people reveal in posts to VJ, so having VJers 2nd-guess the attorny's advice is a dubious proposition.

This particular subject usually creates lively and entertaining debates here on VJ.

Yodrak

I spoke to the attourney on the phone, and they suggested this route as the quickest, and they seemed pretty confident that they could petition for my stay, and it all go smoothly. Obviously thats music to the ears, but at the same time we're obviously slightly cautious about how realistic it is. With subjects like immigration you need to be fully confident before jumping into anything, and thats really the purpose of my post. Just to see the views / experiences / opinions, of those in the same position.

Edited October 27, 2006 by Yodrak

[JSP 0]

JSP,

I ask again - where were you? At home in the UK or visiting your fiancee in the USA?

Yodrak

JSP,

Where were you when "we" spoke with this attorney?

Attornies generally know better than VJers, and they learn more about a person and the specifics of the situation by talking with them than the people reveal in posts to VJ, so having VJers 2nd-guess the attorny's advice is a dubious proposition.

This particular subject usually creates lively and entertaining debates here on VJ.

Yodrak

I spoke to the attourney on the phone, and they suggested this route as the quickest, and they seemed pretty confident that they could petition for my stay, and it all go smoothly. Obviously thats music to the ears, but at the same time we're obviously slightly cautious about how realistic it is. With subjects like immigration you need to be fully confident before jumping into anything, and thats really the purpose of my post. Just to see the views / experiences / opinions, of those in the same position.

I was at home, in the UK, when I called this attounry.

I saw my fiance last month, and since being home, we have reached the point of knowing 100% we are ready to be together permanently.

[Yodrak 7]

JSP,

I would not have been surprised had the attorney advised as he did if you were in the USA. I'm a bit uncomfortable with it seeing as you were not in the USA for reasons that others have mentioned. What happens at the POE on entry can be important.

Yodrak

I was at home, in the UK, when I called this attounry.

....

[YuAndDan 153]

Thanks for the advice, its much appreciate.

Last question tonight;

If my fiance is going to need a co-sponsor, will she need any different/extra forms?

No different forms, If you go with K-1 She and her Co-Sponsor will both fill out I-134 forms, and provide financial documentation. This step is after the petition arrives at the Embassy in London. You will need the I-134 forms and financials at the Visa Interviews.

Again review the guides, the step by step is quite simple and straight forward.

Good Luck.

[mmb 0]

This week we spoke to an attourney who made gave us a scenario that we didnt expect, and are not sure how realistic it might be for us. The attourney said that I could come over the US on the Visa Waiver programme, and if we got married after a certain amount of time, we could go to them, and they could file a petition for my permanent stay. Being as we were getting prepared to apply for the fiance Visa, this came as a shock, as realistically all we would need to prepare for is the attourney fee's etc, before we went through with this. Has anybody else had this suggested to them before? Does it sound realistic? I'm thinking of the possibility that if I over-stay on the Visa Waiver programme, that it would jeopardise my future trips to see her.

Cheers in advance.

My fiance and I talked with an immigration lawyer earlier this month when I was visiting him. The lawyer told us that it was possible to marry on a visa waiver but adjusting status would be more difficult as I had a history of visiting him using a visa waiver. He siad the previous visits could be used as proof of immigration fraud.

[whenwillithappen 0]

jsp

we too contacted several attourneys and where told by some the same as you.. however they also said that if i went to the us and married on the visa waiver programme that i could still be sent back home and the process of getiing back could take longer than waiting for a k1 visa.. as you say you are ready to be together 100% i would say to apply for the k1 then you know that once you are approved and together that yu dont have to be wooried about being sent home, there is allways lots of brill advice and support here on vj whatever your decision may be.. good luck!