Unique Situation?

[Jim1961 0]

Hi,

I am a new member here so please be kind. I appologize in advance if I am posting in the incorrect forum.

Here is our story.

I met my future wife back in August of 2005, she is from Ecuador. She currently has a visitors visa and has come to see me on 3 separate occasions. Her current visa is still good for about 4 more years. After we met we have decided to get married but here is where the problem is.

She is currently still married (wont go into details only suffice it to say they have been separated for over 5 years now). She plans to get a divorce and to come here to marry me. Of course she cannot marry me until the divorce is final, but she does not want to stay in Ecuador (another long story). Our current plans are to have her come stay here with me, and handle the divorce through her lawyer in Ecuador. There are 2 children involved that she wants to gain custody of (or partial custody).

I would like to get some advice on what we can do as far as a Visa standpoint? Can she use her current visa satus? I think they limit her visits to 6 months, or should we apply for a fiance or some other kind of visa? I had a Immigration lawyer at one point in time, but I thought he was taking advantage of our situation (he wanted 150$ for a consultation).

Anyone that can help I would be extremely appreciative. What are our options? I know it would kill her to have to go back, and I certainly don't want her to have too. Any advice? If I left off any detials that would help please feel free to ask.

[jkb919 0]

First of all you cannot file for a fiance visa until her divorce is final. Second it is considered visa fraud to intentionally get married on a visitors visa. My advice would to wait for the divorce and then file for the fiance visa and she would have to return to her country until the process was complete Or I believe you could get married file for K-3 visa and she would still have to return to her country for the rest of the process. Some people do get married while in the US on a visitors visa but you would have to prove that the marriage was not planned or they consider it fraud.

This is just information I have accumulated from reading up on things....someone else might have other opinions.

Good luck, Joanna

[Jim1961 0]

First of all you cannot file for a fiance visa until her divorce is final. Second it is considered visa fraud to intentionally get married on a visitors visa.

Wouldn't that presume that she got her visa during our first meeting? She obtained her visa well before we ever met, she got it in Feburary 2005 before I even knew she existed. She was visiting a cousin in New Jersey. I certainly don't want to do something that would revoke her right to stay here, but the situation is that her divorce might take up to 3 years to become final (ecuadorian courts are very messed up).

Thanks for your advice.

[aussiewench 9]

Second it is considered visa fraud to intentionally get married on a visitors visa.

Some people do get married while in the US on a visitors visa but you would have to prove that the marriage was not planned or they consider it fraud

It is not illegal to marry in the US whilst on a visitors visa. Many of us have done that. What is illegal is entering the US with intent to immigrate.

Other then that you were spot on Joanna

[diadromous mermaid 36]

First of all you cannot file for a fiance visa until her divorce is final. Second it is considered visa fraud to intentionally get married on a visitors visa.

Wouldn't that presume that she got her visa during our first meeting? She obtained her visa well before we ever met, she got it in Feburary 2005 before I even knew she existed. She was visiting a cousin in New Jersey. I certainly don't want to do something that would revoke her right to stay here, but the situation is that her divorce might take up to 3 years to become final (ecuadorian courts are very messed up).

Thanks for your advice.

Each entry to the USA is considered, regardless of how long or how many visits the visa permits.

3 years is a long time. Have you looked into the possibility of her attending University in the USA? It might give her an opportunity to be here and more time to tie up loose ends with her divorce.

[aussiewench 9]

Jim, there is no way that she can remain in the US on a visitors visa for the length of time you are describing. She would be illegal and would face a 10 yr ban. She needs to obtain her divorce as has been stated by joanna before any petition can be filed.

[Jim1961 0]

Each entry to the USA is considered, regardless of how long or how many visits the visa permits.

3 years is a long time. Have you looked into the possibility of her attending University in the USA? It might give her an opportunity to be here and more time to tie up loose ends with her divorce.

Ok thank you all for your advice. She does want to study here so maybe that is an option. I guess I should have clarified that I knew she couldnt get a Fiance visa until her divorce was final. She wants to be here with me and I want her here. I will see what the student visa can do for us. And I guess I will contact an Immigration Lawyer.

On that last topic, anyone recommend a good Immigration Lawyer? I think 150 for a consultation is a bit much, but I could just be full of it.

Thanks again,

Jim

[scy 0]

Each entry to the USA is considered, regardless of how long or how many visits the visa permits.

3 years is a long time. Have you looked into the possibility of her attending University in the USA? It might give her an opportunity to be here and more time to tie up loose ends with her divorce.

Ok thank you all for your advice. She does want to study here so maybe that is an option. I guess I should have clarified that I knew she couldnt get a Fiance visa until her divorce was final. She wants to be here with me and I want her here. I will see what the student visa can do for us. And I guess I will contact an Immigration Lawyer.

On that last topic, anyone recommend a good Immigration Lawyer? I think 150 for a consultation is a bit much, but I could just be full of it.

Thanks again,

Jim

For good immigration lawyers, try asking the AILA here.

http://www.aila.org/content/default.aspx?bc=12621|10180

[ChristinaM 0]

A student visa may be an option for her, in that case. It would also be possible for you to marry and her to adjust status from that, once her divorce is final - with the caveat that she must fulfill the student visa requirements whilst she is in F1 status. (ie. she can't use a student visa to "get round" the fiance visa unless she actually studies!!)

Good luck!

[meauxna 15]

I think 150 for a consultation is a bit much, but I could just be full of it.

Thanks again,

Jim

Jim,

You have a complex situation and you posess little to no knowledge of what you need to do. $150 seems like a reasonable fee for you to learn what your legal alternatives are and possibly the best way to choose one.

You can use message boards like this, but it will be a game of Russian Roulette (there's already some doozy ideas posted here!).

Are you willing to gamble the futures of at least 4 people over the cost of $150?

[Yodrak 7]

Jim,

In general, $150 for a consultation sounds quite reasonable - although you don't say where you're from. In some areas it could be a bit on the high side, in others it could be a bargain.

It's only a fraction of what you're going to spend in processing fees and associated costs going through the immigration process.

Yodrak

...

On that last topic, anyone recommend a good Immigration Lawyer? I think 150 for a consultation is a bit much, but I could just be full of it.

Thanks again,

Jim