Fiance visa advice

[od1 0]

Hi to all,

I must say I am really happy I stumbled across this site. I have browsed through the various forums, looked through the guides... I am new to all of this so hopefully you can understand how overwhelmed I am right now.

Here's my story:

My fiancee and I are both 23 years old. I am a UK citizen (she is a US citizen). We are looking to get married soon (and obviously want to be away from each other for the shortest possible amount of time).

I am here right now (US) on a student visa. I will be returning home for the summer, and we are unsure whether it would be better to get married now or after I return.

I guess my question is whether a K1 or K3 is better suited for us? I have been studying here for a year now (with exceptional grades), but have decided to finish my studies online (at a later time). So I suppose it means I will need to cancel my current visa when I finish this term and return home.

Can you give me your thoughts? Would the process of getting me back here be faster if we got married now or if we were to marry after the petition?

I really appreciate your help and input! Thank you!

[KarenCee 3]

You might want to read through the Guides at the top of the webpage. There is lots of VERY valuable information contained on those pages. You will find different paths taken here on VJ. Read through the Guides and hopefully they will help you understand each visa a bit better. It will really be up to you and your fiancée as to which visa is best. Best wishes!

[Mononoke28 134]

Just one thing to keep in mind if you decide to file for a K-1 visa, I-129F petitions seem to be approved by VSC within a few weeks of filing vs. CSC which is taking over 90 days, some times 120.

[kengumbo 0]

If I knew then what I know now, I would have married my girl while she was here on her tourist visa. We would be together right now instead of some unknown date in the distant future.

However, this is a huge decision and a misstep could be disastrous. Please read all you can. I may get flamed here but I recommend getting good legal advice from a professional that specializes in visas.

But here is an example of a marriage decision gone horribly wrong:

"Husband Seperated from Wife and Children Due to Marriage Before Entering on K-1 Visa - 10 Year Ban"

http://www.visajourney.com/news/

Good luck with your decision!

[od1 0]

Thanks everyone

Mononoke28: The "CSC" thing taking 90+ days, is that K3?

kengumbo: I know what you mean... It's seriously tempting to just get married and stay and file for change of status. I haven't done a ton of research yet, but everything I've read so far advises steering clear of that idea, and I'm not looking to get banned from this country hehe. How long have you been away from eachother for?

About legal advice... Do people on here think it's a waste of money? It's another thing I meant to ask about. I've noticed plenty of places specializing in immigration law... Since it's so complicated, why not hire a professional to help?

Please keep the comments coming!

[TimsDaisy 0]

If you can do it (financially and without pissing off family), get married now. Adjust status. And suffer a lot less than most of us.

(Seems from the info you provided, that you came on a student visa and have since fallen in love - and actually, since it was a student visa and you are in school, that adds to the presumption that you didn't come to marry. Assuming you weren't scamming your way in to avoid the K1 or other family-based visa procedures, then it isn't illegal to marry and adjust status.)

If you go home, you can expect a separation of, likely, at least a few months (on the conservative side, 7 months or longer in the more likely side).

CSC is the California Service Center where a vast majority of Americans have to file (or where their paperwork ends up). In what state does your fiance live?

And no, it isn't illegal or inadvisable for you to marry and adjust status. People do it all the time. Tell us more about when/how you arrived and when you met your girl.

And for most people, lawyers are not a necessary expense. Unless you have very specific circumstances or problems (past criminal convictions or run-ins with US immigration enforcement).

[Boiler 44,858]

Marry now and adjust.

No waiting time.

You will need Advanced Parole to travel, that could take 3 months.

The link whilst interesting has not a lot to do with this issue.

With fiance visa in hand, she entered the United States already married to Keith - an error in judgment the U.S. government has labeled fraud but the Campbells argue was an honest mistake.

For the life of me I am hard pressed on how they got so confused as to whether or not they were married.

[TimsDaisy 0]

Yeah, that link isn't helpful to this situation - though it is good for a scare.

Take it from those of us without the chance to avoid USCIS-caused separation - if you can marry-and-adjust - DO IT!

[od1 0]

You guys need to stop exciting me that we could get married now and skip the separation part.

My fiancee (and I...for the moment) live in DC. Although we are planning to move to Phoenix towards the end of the summer (she is anyway...I can only hope I'll be here at that point too).

I was visiting DC a year ago...looking into schools here, and that's when we caught up and really fell in love. The decision to get married came shortly after (but my decision to move here was strictly to go to school).

Boiler: What exactly does:

You will need Advanced Parole to travel, that could take 3 months.

...mean? (I really am new to all this)

[Mononoke28 134]

Yes, the 90 day wait for CSC is also for K-3 visas. Unfortunately we've seen that number increase in the past month or so and you (as well as most of us) are looking to wait in line a bit longer.

I'm with everybody else. If you're already here and are able to adjust your status, might as well do it. The whole waiting game while being separated is not fun at all. Not only do you feel helpless and depressed, but it causes a lot of tension. I cannot even keep track of the arguments I've had with my husband over this, but there's nothing we can do about it.

[rebeccajo 14]

When did you meet your fiancee?

When did you enter the country last?

[od1 0]

Met in 2001.

Entered country last in January 07 (with my fiancee who spent Christmas with my family and I).

[rebeccajo 14]

Ok.

You've known your fiancee a while then. And you last entered the US together.

Before you up and marry and file to adjust, you might want a consult with a good immigration attorney as to whether or not you might experience any pitfalls as regards to immigrant intent on your last entry.

[od1 0]

Shouldn't I be okay since I've been attending school since I last entered?

[rebeccajo 14]

Shouldn't I be okay since I've been attending school since I last entered?

Not a question for us. We are lay-people. We aren't immi attorneys and we aren't DHS adjudicators.

Do not be confused by the misconception that the hurdle you must jump is proving your relationship is genuine - that you are not 'using' a USC for the purpose of immigrating to this country.

The hurdle for adjustment is whether or not you had immigrant intent when you last entered the country.

A long relationship will likely bear in your favor that your relationship is 'real'. It may work against you in that you weren't trying to 'beat the system' on your last entry.