I-129 for Fiancee - Specific Questions

[itt 0]

Sorry to re-tread areas, but reading through the plethora of message strings, I have specific questions that I would appreciate answers for:

I am a US citizen and my fiancee is a Venezuelan with permanent resident status in Canada. She is currently in the last stages of attaining her Canadian citizenship - hopefully 3-4 months away.

1. Having read a few posts, it appears to be a "no-no" for her to come to the US on her valid tourist visa and for us to get married as this would effectively be "visa fraud" - using a visa for a different purpose than its intention. Is this a valid statement ?

2. As her citizenship will be changing in a few months from Venezuelan to Canadian, is it worthwhile waiting for the change in her citizenship before submitting the I-129 paperwork, or does it not matter ? i.e. is it better to have Canada on the paperwork rather than Venezuela ?

3. Related to 2, our plan is to have a party/celebration/church wedding in Venezuela, so once the I-129 is granted and we are legally married in the US, how long does it usually take before the married visa recipient (my fiancee) is eligible to travel outside the US. I am aware that we can apply for a I-131 (Application for Travel Document), but wanted to avoid that if possible.

4. What is the next step in the process after the I-129 is granted and we are married ? Is it a case of applying for I-485 (Permanent Resident Status) and I-765 (Application for Employment Authorization) ?

5. If anybody is aware of Canadian paperwork, how long does it take to get a Canadian police report - my fiancee had to get this paperwork when filing for her Canadian permanent residence and it took her 4+ months to get it back. I believe that we need this for the I-129 - is there a quicker way, or is this a typical timeline ?

Many thanks to anybody out there who could help answer these questions - this will really help us decide on our best course of action before we start filling out the paperwork.

[Gary and Alla 3,694]

Sorry to re-tread areas, but reading through the plethora of message strings, I have specific questions that I would appreciate answers for:

I am a US citizen and my fiancee is a Venezuelan with permanent resident status in Canada. She is currently in the last stages of attaining her Canadian citizenship - hopefully 3-4 months away.

1. Having read a few posts, it appears to be a "no-no" for her to come to the US on her valid tourist visa and for us to get married as this would effectively be "visa fraud" - using a visa for a different purpose than its intention. Is this a valid statement ?

2. As her citizenship will be changing in a few months from Venezuelan to Canadian, is it worthwhile waiting for the change in her citizenship before submitting the I-129 paperwork, or does it not matter ? i.e. is it better to have Canada on the paperwork rather than Venezuela ?

3. Related to 2, our plan is to have a party/celebration/church wedding in Venezuela, so once the I-129 is granted and we are legally married in the US, how long does it usually take before the married visa recipient (my fiancee) is eligible to travel outside the US. I am aware that we can apply for a I-131 (Application for Travel Document), but wanted to avoid that if possible.

4. What is the next step in the process after the I-129 is granted and we are married ? Is it a case of applying for I-485 (Permanent Resident Status) and I-765 (Application for Employment Authorization) ?

5. If anybody is aware of Canadian paperwork, how long does it take to get a Canadian police report - my fiancee had to get this paperwork when filing for her Canadian permanent residence and it took her 4+ months to get it back. I believe that we need this for the I-129 - is there a quicker way, or is this a typical timeline ?

Many thanks to anybody out there who could help answer these questions - this will really help us decide on our best course of action before we start filling out the paperwork.

Most of your questions will be more completely answered in the guides which are pretty well written and comprehensive.

It is illegal to enter the United States on a tourist visa with the intent to get married AND adjust status from a tourist visa. It is NOT illegal to get married, only to then try to adjust status without going through the visa process, which then would be a CR-1 most likely, certainly not a K-1. While the visa is processing she can remain in the US as long as her tourist visa allows, but the has to return to her home country for the interview.

Her country of citizenship will make little, if any, difference. If she is a resident of Canada she can have her interview there, regardless where she is a citizen.

You do NOT need the police report for the I-129f. You will need it for the interview. Most consulates accept a police report within one year, but check witth the consulate.

It is 2-6 months, typically after filing the AOS that she will receive a GC or AP and can travel. You can file the AOS any time after getting married. You must get married within 90 days. In our case, my wife arrived in September and had her green card in late January, if that gives any idea. We did not file for AOS immediately after getting married, but we didn't wait very long either, the AOS was filed well before her I-94 expired. There is no reason to avoid filing for the I-131. It is free when filed with the I-485, why not? Very simple form. We got both. No harm done.

[msu17 0]

1. Sort of. You are perfectly allowed to come to the US and get married. However you can't stay and adjust if that was your intention upon entering the US. So if you want to come and get married and then file a spousal visa, that is fine.

2. Since she has legal residence in canada, that is where she would interview. It shouldn't make any difference on the US side regarding which country she is a citizen of.

3. Usually around 3 months, but it varies a little bit. That is for the I-131. You can file for this along with the paperwork for the green card and it is included in the price. There is no reason not to file for it when you file for your GC. Not something to be avoided. Some K1's get approved for their GC without an interview, but best to assume you will have an interview and may have to wait for 6 months or so to get an interview and be allowed to travel otherwise.

4. Yup, apply for those two and the AP. All included in the I-485 price

5. No idea, if no one comes by, go over to the Canada subform and ask there.

[itt 0]

Thanks guys for the advice - exactly what I was looking for.