Best Options? Your Advice...

[goinggreen 0]

I am a US citizen and my fiance is in the US legally on a temporary visa. Her visa expires in the spring of 2009. We want to get married in the spring of 2009. What is our best and easiest option to have her stay here and be able to work?

Should we get a fiance visa now or just wait until the marriage and get a marriage visa?

[Dakine 26]

I am a US citizen and my fiance is in the US legally on a temporary visa. Her visa expires in the spring of 2009. We want to get married in the spring of 2009. What is our best and easiest option to have her stay here and be able to work?

Should we get a fiance visa now or just wait until the marriage and get a marriage visa?

As long as she didn't come to the US with plans to marry you which is visa fraud. You can get married and she can adjust status.

Best to wait more than 3+ months tho. Sounds like you plan to wait quite a while which is for the better.

[YuAndDan 153]

File I-129F and have her interview for a K-1 visa and enter on that visa.

Visitors visa is for visiting, K-1 visa is for entry with the INTENT of marriage and immigrating.

[payxibka 10,047]

I am a US citizen and my fiance is in the US legally on a temporary visa. Her visa expires in the spring of 2009. We want to get married in the spring of 2009. What is our best and easiest option to have her stay here and be able to work?

Should we get a fiance visa now or just wait until the marriage and get a marriage visa?

How long is her current authorized stay?

PS No such thing as a marriage visa ... There are fiance(e), spousal and immediate relative visas to name just a few.

Edited February 25, 2008 by fwaguy

[Kez/JWolf 6]

File I-129F and have her interview for a K-1 visa and enter on that visa.

Visitors visa is for visiting, K-1 visa is for entry with the INTENT of marriage and immigrating.

YuAndDan.... you really need to read the post before to reply with your standard reply of tourist visa is for tourist....

The OP has said she is already in the us on another visa.... and they plan on getting married in the spring of 2009.....

As we do not know what visa she is on you can not answer the ops question... without more infformation.....

Kez

Edited February 25, 2008 by Kezzie

[tom_g 3]

You've got plenty of time, I'd file for K1 visa. That way, when you adjust status it'll just be a process rather than a worry.

Only tricky bit is that she'll have to go back to her own country for the interview, which might complicate your lives (added expense etc)

[tom_g 3]

also, if she's in the US now, and you're pondering whether to get married, then she clearly didn't enter the US with the INTENT to get married, because you're still not sure even now. You can't be not sure and have intent at the same time.

So maybe you'd be best to forego the K1 and just get married and adjust status.

Speak to a lawyer before taking my advice, though, i'm just a mere mortal. Maybe if you're pondering marriage when you enter the US you're breaking the rules because you didn't enter the US with NO INTENT. People make a living arguing toss like that.

in more practical advice, i'd not tie yourself to spring 09 as a wedding date, i'd begin to separate "legal marriage" from "the ritual/ceremony/social occasion of marriage". It might be neccessary to do the legal part based on visa processing times, rather than when its convenient to the people coming to the ceremony.

[EstebanTrabajos 7]

Exactly, I entered 8 years ago with a valid F-1 visa, in the process of getting my degrees and my OPT I met my wife. What is the point on going back to your country, apply for the K-1 go through all the tiring process, and then get here and go through the same process again. If the spouse entered here w/o the intention of getting married and by the time of marriage is still under legal status (sometimes even if you are out-of-status but entered the US legally), he/she can adjust status w/o any problem and apply for a Perm. Residence. I never had to go back to Mexico to apply for the Greencard because I've kept a legal status and I was doing my OPT by the time we got married.

Save yourself some time and brain damage. Don't advice the OP with the K-1, here are 2 people in love that don't have to stay appart more than needed, if you are not familiarized w/a process other than the K-1 refrain from posting and making the transition more difficult for other people.

Edited February 25, 2008 by GueraYTavo

[goinggreen 0]

Hi, I'm the OP and back. Thanks for the ideas.

It sounds like the best plan for us would be to get legally married at a courthouse, early in 2009. Then we can apply for her permanent status. How long does the permanent status typically take before it is approved? And after it is approved can she get a job and travel out of the country?

[payxibka 10,047]

Hi, I'm the OP and back. Thanks for the ideas.

It sounds like the best plan for us would be to get legally married at a courthouse, early in 2009. Then we can apply for her permanent status. How long does the permanent status typically take before it is approved? And after it is approved can she get a job and travel out of the country?

Who knows what 2009 will hold but now it seems to be 5-6 months for a standard I-485. You have the added I-130 petition not sure if that will add time and if so how much. Once permanent status is granted then of course you can get a job and travel... may be able to do it on the interim as well depending on what interim benefits you apply for.

[EstebanTrabajos 7]

Hi, I'm the OP and back. Thanks for the ideas.

It sounds like the best plan for us would be to get legally married at a courthouse, early in 2009. Then we can apply for her permanent status. How long does the permanent status typically take before it is approved? And after it is approved can she get a job and travel out of the country?

Well, take a look at my timeline. So far and if luck is on our side, if we are approved on the spot on 04/17 and there is not an FBI check name pending, the total processing time will be of 6 months little bit less, the employment authorization and travel documents to enable your future wife to work and travel abroad takes around 3 months but as the last poster said, we never know how the processing times will be like on 2009.

Good luck and congrats on the upcoming wedding, remember to be patient because you are going to need it while waiting for the green card

Edited February 26, 2008 by GueraYTavo