Fiance or Spousal Visa?

[clocasa 0]

I am US citizen, my boyfriend is a Spanish citizen. He will be visiting me in February. We have been together for 3 years. He has been to the US one time. I have been to Spain 2 times. We want to get married, but of course I don't want to get married and have my husband stuck overseas. I want him to be with me.

My question is: What is the most efficient way for us to be married and for him to live here in the US?

1. Should we marry while he is on a visit, then apply for a Spousal Visa?

If so, can he stay in the US immediately following while we file the Spousal Paperwork or does he have to go back to Spain while we

are married and await the visa to come here even if he has a passport?

2. Should we apply for the Fiance Visa first, then marry?

If so, can he visit using his Passport while we are undergoing this process? Can I visit him in Spain while undergoing this process?

Can someone tell me what the smart move is here? We just want to be together once and for all...and tired of waiting the beauracracy of paperwork we have endured already due to his stolen passport/residency papers for his country(that is a long story I won't go into)

Any help would be appreciated as I am entirely confused by which process to endure.

[Y's_habibitk 2]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

[pushbrk 13,133]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

[reeses16 8]

#1 is visa fraud. Its not a visit if he moves here permanently.

#2 no problem. You can visit him in Spain, as usual. He can visit you in the US, but IF asked (don't volunteer, but if asked) he should say that he has a pending K1 visa, and he must show proof of ties to Spain (lease, letter from boss stating his vacation and date he will return to work). He can still be denied entry if the POE officer decides. Although many other VJer have been able to have their SOs visit.

Also, I don't know if you've considered it, but don't rule out a spousal visa too quickly. They may take a few months longer, but when your hubby arrives he will have a green card and be able to work, travel outside of the US, get a drivers license etc. Just wanted to mention it in case you hadn't considered.

Best of Luck!

[Y's_habibitk 2]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

I wonder how long the typical visitor visa is valid? The couple I mentioned had no problems and she was able to stay while they adjusted her status(she was here for at least 2 years). Maybe she kept extending it... I think Ill ask him, since that is first hand knowledge

[pushbrk 13,133]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

I wonder how long the typical visitor visa is valid? The couple I mentioned had no problems and she was able to stay while they adjusted her status(she was here for at least 2 years). Maybe she kept extending it... I think Ill ask him, since that is first hand knowledge

Circumstances vary. The OP is asking about circumstances where the decision to marry will have occured before the foreigner enters the USA. Your friend probably made the marriage decision AFTER entering the USA. In the latter case, the foreigner's overstay is forgiven. They are simply out of status during the status adjustment process.

The devil here is in the details. Until you understand them, it would be wise to refrain from comment on such subjects. Doing so burdens the rest of us with undoing your damage.

[msu17 0]

#1 is visa fraud. Its not a visit if he moves here permanently.

#2 no problem. You can visit him in Spain, as usual. He can visit you in the US, but IF asked (don't volunteer, but if asked) he should say that he has a pending K1 visa, and he must show proof of ties to Spain (lease, letter from boss stating his vacation and date he will return to work). He can still be denied entry if the POE officer decides. Although many other VJer have been able to have their SOs visit.

Also, I don't know if you've considered it, but don't rule out a spousal visa too quickly. They may take a few months longer, but when your hubby arrives he will have a green card and be able to work, travel outside of the US, get a drivers license etc. Just wanted to mention it in case you hadn't considered.

Best of Luck!

1 is NOT visa fraud as long as he leaves. The VWP is for visiting and this does not violate that. You can visit the US to get married.

Regarding spousal visa, CR1 gets the greencard after entry, though K3 DOES NOT. You need to file for that after entry to the US.

[Y's_habibitk 2]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

I wonder how long the typical visitor visa is valid? The couple I mentioned had no problems and she was able to stay while they adjusted her status(she was here for at least 2 years). Maybe she kept extending it... I think Ill ask him, since that is first hand knowledge

Circumstances vary. The OP is asking about circumstances where the decision to marry will have occured before the foreigner enters the USA. Your friend probably made the marriage decision AFTER entering the USA. In the latter case, the foreigner's overstay is forgiven. They are simply out of status during the status adjustment process.

The devil here is in the details. Until you understand them, it would be wise to refrain from comment on such subjects. Doing so burdens the rest of us with undoing your damage.

Well sir, I am free to post whatever I want to as long as I am not violating TOS. thanks.

And I dont think I posted anything as fact.. iactually i said, "correct me if im wrong" and I gave a senario of real people who have actually BEEN through the experience.

So, maybe it is you who should refrain from being so condesending and abrupt as not to scare away the new people who are already under stress trying to weed their way through this process.

Thanks!

[pushbrk 13,133]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

I wonder how long the typical visitor visa is valid? The couple I mentioned had no problems and she was able to stay while they adjusted her status(she was here for at least 2 years). Maybe she kept extending it... I think Ill ask him, since that is first hand knowledge

Circumstances vary. The OP is asking about circumstances where the decision to marry will have occured before the foreigner enters the USA. Your friend probably made the marriage decision AFTER entering the USA. In the latter case, the foreigner's overstay is forgiven. They are simply out of status during the status adjustment process.

The devil here is in the details. Until you understand them, it would be wise to refrain from comment on such subjects. Doing so burdens the rest of us with undoing your damage.

Well sir, I am free to post whatever I want to as long as I am not violating TOS. thanks.

And I dont think I posted anything as fact.. iactually i said, "correct me if im wrong" and I gave a senario of real people who have actually BEEN through the experience.

So, maybe it is you who should refrain from being so condesending and abrupt as not to scare away the new people who are already under stress trying to weed their way through this process.

Thanks!

Yes, you're free to post misinformation but I'm suggesting it would be wiser if you refrained. See, I'm free to suggest that. Get it?

An no, your scenario was of real people who had a different set of circumstances and you still don't realize that.

Edited November 18, 2008 by pushbrk

[Y's_habibitk 2]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

I wonder how long the typical visitor visa is valid? The couple I mentioned had no problems and she was able to stay while they adjusted her status(she was here for at least 2 years). Maybe she kept extending it... I think Ill ask him, since that is first hand knowledge

Circumstances vary. The OP is asking about circumstances where the decision to marry will have occured before the foreigner enters the USA. Your friend probably made the marriage decision AFTER entering the USA. In the latter case, the foreigner's overstay is forgiven. They are simply out of status during the status adjustment process.

The devil here is in the details. Until you understand them, it would be wise to refrain from comment on such subjects. Doing so burdens the rest of us with undoing your damage.

Well sir, I am free to post whatever I want to as long as I am not violating TOS. thanks.

And I dont think I posted anything as fact.. iactually i said, "correct me if im wrong" and I gave a senario of real people who have actually BEEN through the experience.

So, maybe it is you who should refrain from being so condesending and abrupt as not to scare away the new people who are already under stress trying to weed their way through this process.

Thanks!

Yes, you're free to post misinformation but I'm suggesting it would be wiser if you refrained. See, I'm free to suggest that. Get it?

An no, your scenario was of real people who had a different set of circumstances and you still don't realize that.

See, you are assuming that you know everything again. You read one line about a couple that I know, and you have made up your own circumstances to the situation.

It was exactly the same at one time, except in the end the couple CHOSE the route I described. The OP is now simply wieghting the options, like this couple did.

The "devil" is not in the details as much as it's in telling the truth or not. "We decided before or after"..hence my hint at it might being fraudulent if the spouse stays.

Next time you feel "burdened" by me... skip it, and feel free to move on.

[pushbrk 13,133]

Someone correct me if Im wrong here, but goign to "visit" with the intent on marrying your girlfriend is kinda fraudulent.

I know someon personally who did just that.. his girlfriend came twice to visit, on the second visit they got married and then just started the process to adjust her status.

Seems like we have to correct this misinformation at least weekly. The problem isn't getting married while visiting. The problem is staying. It's perfectly legal to marry in the US on tourist visa. What is visa fraud is to use the tourist visa to immigrate. As long as the foreigner doesn't overstay their alotted time and returns with the appropriate spouse visa, no problem.

This probably steers the OP to a fiance visa though because her now boyfriend can only stay for the time allowed at entry, not the full period it takes to get a spouse visa. If they've already met in person, she can file the fiance petition now instead of waiting until after he visits in February. And yes, in all likelyhood he can "visit" during the process. That's the most frequently asked question and covered with much discussion here. Read away.

I wonder how long the typical visitor visa is valid? The couple I mentioned had no problems and she was able to stay while they adjusted her status(she was here for at least 2 years). Maybe she kept extending it... I think Ill ask him, since that is first hand knowledge

Circumstances vary. The OP is asking about circumstances where the decision to marry will have occured before the foreigner enters the USA. Your friend probably made the marriage decision AFTER entering the USA. In the latter case, the foreigner's overstay is forgiven. They are simply out of status during the status adjustment process.

The devil here is in the details. Until you understand them, it would be wise to refrain from comment on such subjects. Doing so burdens the rest of us with undoing your damage.

Well sir, I am free to post whatever I want to as long as I am not violating TOS. thanks.

And I dont think I posted anything as fact.. iactually i said, "correct me if im wrong" and I gave a senario of real people who have actually BEEN through the experience.

So, maybe it is you who should refrain from being so condesending and abrupt as not to scare away the new people who are already under stress trying to weed their way through this process.

Thanks!

Yes, you're free to post misinformation but I'm suggesting it would be wiser if you refrained. See, I'm free to suggest that. Get it?

An no, your scenario was of real people who had a different set of circumstances and you still don't realize that.

See, you are assuming that you know everything again. You read one line about a couple that I know, and you have made up your own circumstances to the situation.

It was exactly the same at one time, except in the end the couple CHOSE the route I described. The OP is now simply wieghting the options, like this couple did.

The "devil" is not in the details as much as it's in telling the truth or not. "We decided before or after"..hence my hint at it might being fraudulent if the spouse stays.

Next time you feel "burdened" by me... skip it, and feel free to move on.

It's not about you. It's about getting the correct information to those who need it. Skipping it messes with people's lives. This couple has decided to marry and has asked about a spouse visa process, not an adjustment of status. As such, their plan is not fraudulent. If your "friends" have committed fraud, that's another kettle of fish altogether. It's legal if the marriage decision was after entry and fraud if it wasn't but it's still an AOS case not a spouse visa case.

[Sinergy 3]

Ok the OP was asking which way can she marry him and not be apart from him.

Neither visa petition allows that....if you wanna be with him during the process, it would be wise to have him come here for 3 months at a time, or you go live with him in Spain until the interview date.

Other than that, you will spend time apart during the process. 90% of the users on here have had or have now their SO stuck overseas, and we survived or are surviving. If you have the money to live there during the process, then great, if he can fly back and forth every 3 months, then great. If not, then your looking at being apart for awhile.

[amaciar 0]

In the long run it may come down to what you can afford financially. If you go the K-3 route your fiance will not be able to work immediately so you will be supporting the both of you while he waits for his greencard. The timeframe for that I am unsure of. If you go the for the spousal visa it will take longer but you will be done with the process until you need to remove your conditions 2 years later plus your partner will be able to start work as soon as they receive their greencard. My husband and I went the spousal route we left New Zealand four days after our interview and he received his green card 4 weeks later.

Someone chime in if there is a way to receive a work permit quickly after the K-3 is approved.

It sounds like you have already been apart and know how to deal just stay strong and you will get through the joy of immiogration :-)

[himher 634]

I am US citizen, my boyfriend is a Spanish citizen. He will be visiting me in February. We have been together for 3 years. He has been to the US one time. I have been to Spain 2 times. We want to get married, but of course I don't want to get married and have my husband stuck overseas. I want him to be with me.

We ALL wanted that. Unfortunately there is no legal way to circumvent immigration laws

My question is: What is the most efficient way for us to be married and for him to live here in the US?

In OUR case the most efficient way was through the K3 process. Yours may be different.

1. Should we marry while he is on a visit, then apply for a Spousal Visa?

Short answer - if he enters for the purpose of marriage and staying here in the US, that is premeditated use of a visitor's visa or VWP for fraudulent purposes. It is, however, perfectly legal for him to enter, get married, and return home before his entry I94 expires.

If so, can he stay in the US immediately following while we file the Spousal Paperwork or does he have to go back to Spain while we

are married and await the visa to come here even if he has a passport?

He can legally stay for the period of time stamped on the I94 in his passport

2. Should we apply for the Fiance Visa first, then marry?

That is one option

If so, can he visit using his Passport while we are undergoing this process? Can I visit him in Spain while undergoing this process?

You can visit Spain all you want. In fact, being able to show time spent together is a plus at the visa interview as it shows proof of valid marriage/relationship. Your spouse/fiance can visit here if they let him, but - it is becoming common for VWP visitors with US spouses or fiances with pending applications to be turned back at the POE because they have ties or impending ties to the US.

Can someone tell me what the smart move is here? We just want to be together once and for all...and tired of waiting the beauracracy of paperwork we have endured already due to his stolen passport/residency papers for his country(that is a long story I won't go into)

Any help would be appreciated as I am entirely confused by which process to endure.

[pushbrk 13,133]

Can someone tell me what the smart move is here? We just want to be together once and for all...and tired of waiting the beauracracy of paperwork we have endured already due to his stolen passport/residency papers for his country(that is a long story I won't go into)

Any help would be appreciated as I am entirely confused by which process to endure. [/font][/size]

You've got a lot of answers on the details already but they may serve to confuse about as much as they inform.

I'm going to focus on this one question about the "smart move". Unfortunately, there's no easy fix or answer that fits all people because the financial abilities, needs and priorities vary so much.

Any process besides marrying and obtaining a CR1 visa is going to mean the foreign fiance(e) or spouse is going to be unemployed for several months. Whatever "several months of earnings" amounts to is pretty significant for most people particularly when both parties currently have a good income by US or EU standards. Long visits usually mean both heavy expenses and heavy losses of income.

If you are both employed, making good incomes you "need", then your "smart move" is probably going to be marriage here or in Spain, short visits in both directions and the CR1 visa path. This allows the immigrant to begin working as soon as they can find a job and get started. (generally within 30 days if you can find work that fast). The alternatives have the immigrant sitting around bored (or for some taking English classes) for four or five months.

So, the smart move, IMO is to decide on your life plan and priorities, then learn all you can about your options before embarking on the visa path that best fits those life plans and priorities. Get your head around the fact that you're either going to spend some months apart unless you're willing and able to make some pretty significant financial sacrifices.