Want to Get Married but NOT Live in the US

[pushbrk 12,898]

hopefully once we get married in Peru they will give her a visa to visit the US.

If you are unable to obtain a tourist visa in your current situation, getting married will not make it any easier. In fact, it might make it harder.

Consider a K1.

Actually, it does make it easier if the USC spouse can show legal residence in the foreign country.

Ah yes, perhaps.

I should add that this is definitely not a sure thing. No telling how the consulate will treat this information. They may not even look at the USC's status since he is not part of the application. Some consulates, such as Thailand, generally require the foreigner prove that they alone can support themselves in the U.S. without the aid of anyone else and do not usually care about anyone else's guarantee that they will return to their country. If Peru is a tough consulate to obtain a tourist visa, then I suspect a K1 is the only option. If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

There have been cases just like this in the past here on VJ were the tourist visa was attainable after the marriage even though previously denied. I recall 2 that were both from South America.

If the USC and the foreigner get married and find out that the tourist visa route is a dead end, what then?

K3

This is another one of those cases where the K3 can be useful but the marriage would not be in the USA. K3 allows the foreign spouse multiple entries to the US for a two-year period. If they decide to stay, they can adjust status. If not, then having gone through the process, used the visa but used it to immigrate, later non-immigrant visas should be much easier.

[Wildbill 0]

I'm no expert, but am in a similar situation in Ecuador. I just wanted my Fiance (of 4 years) to meet my family before we got married. We tried a tourist visa twice and she was refused both times. We then decided to get married here without her meeting anyone in my family. So we did and I consequently had no family at my wedding. We then tried for the tourist visa again, and it was denied for the third time. I learned that by being married, her chances had gone down even further because they assume that once we were together in the States, she would never leave (which makes no sense to me). Needless to say we are still in Ecuador, I have a great job here, but my wife still hasnt met anyone in my family, nor has she stepped foot in my country. The system really sucks.

Anyway, I just got a good job offer in the States, so we decided to apply for an immigration visa for her and move Stateside. We are going the CR-1 route.

The problem with an immigration visa is that you have to immigrate once you get it. I say, get lots of proof that you both have "strong ties" to Peru, like buy house, and a car, get evidence that you have a good business and have no reason to leave and then apply for a tourist visa again.

Buenos Suerte!

[PeruvyandGringa 25]

Get married in Peru! It's cheaper, and family from both sides can attend. It is extremely difficult to get a tourist visa from Peru. My fiance is from there (now living in Spain). I also have a friend whose now husband could not get one, despite being from a wealthy family. We will be getting married here in the U.S., but I am second guessing that decision now since none of his family will be able to attend. We are going to have a celebration in Peru after he is allowed to travel again, but obviously not the same. Good luck! Hopefully she can get a tourist visa after marriage. If you go K-1, she can only enter that one time, so that is a lot of time and money for her to enter the U.S. only the one time, since you do not intend to live here.

[esoll 0]

Can this couple do a Direct Consular Filing (DCF) since both of them live in Peru.

I would ask the US consulate in Peru to find out if they accept a DCF. (Not all do)

ESoll

[rsn 135]

Can this couple do a Direct Consular Filing (DCF) since both of them live in Peru.

I would ask the US consulate in Peru to find out if they accept a DCF. (Not all do)

ESoll

According to the embassy page for Peru on VJ, the Peru embassy does accept DCF apps for residents. The next question is: "how does one become a resident of Peru?".

[john_and_marlene 162]

Can this couple do a Direct Consular Filing (DCF) since both of them live in Peru.

I would ask the US consulate in Peru to find out if they accept a DCF. (Not all do)

ESoll

According to the embassy page for Peru on VJ, the Peru embassy does accept DCF apps for residents. The next question is: "how does one become a resident of Peru?".

Resident visa requirements for family relations of Peruvians:

• Form F-007 - Free

• Receipt for payment (Banco de la Nación) of fee for the right to request a visa - S/. 25.00.

• Copy of passport or identity document of the beneficiary that has been "legalized" by the Peruvian Consulate and the Ministry of Foreign Relations or its Consular representative in Peru or authenticated by the Peruvian General Directorate of Immigration and Naturalization (DIGEMIN).

• In cases in which there are bilateral or multilateral agreements between Peru and other States or international organizations, the payment of fees will be subject to the indications of the agreement.

Birth certificate from country of origin that is legalized by the Peruvian Consulate and endorsed by the Ministry of Foreign Relations.

[rsn 135]

Can this couple do a Direct Consular Filing (DCF) since both of them live in Peru.

I would ask the US consulate in Peru to find out if they accept a DCF. (Not all do)

ESoll

According to the embassy page for Peru on VJ, the Peru embassy does accept DCF apps for residents. The next question is: "how does one become a resident of Peru?".

Resident visa requirements for family relations of Peruvians:

• Form F-007 - Free

• Receipt for payment (Banco de la Nación) of fee for the right to request a visa - S/. 25.00.

• Copy of passport or identity document of the beneficiary that has been "legalized" by the Peruvian Consulate and the Ministry of Foreign Relations or its Consular representative in Peru or authenticated by the Peruvian General Directorate of Immigration and Naturalization (DIGEMIN).

• In cases in which there are bilateral or multilateral agreements between Peru and other States or international organizations, the payment of fees will be subject to the indications of the agreement.

Birth certificate from country of origin that is legalized by the Peruvian Consulate and endorsed by the Ministry of Foreign Relations.

Do you happen to know what a foreigner must do to establish residency in Peru though?

EDIT: For example - how long must the foreigner must live in Peru?

Edited October 7, 2009 by rsn

[john_and_marlene 162]

Can this couple do a Direct Consular Filing (DCF) since both of them live in Peru.

I would ask the US consulate in Peru to find out if they accept a DCF. (Not all do)

ESoll

According to the embassy page for Peru on VJ, the Peru embassy does accept DCF apps for residents. The next question is: "how does one become a resident of Peru?".

Resident visa requirements for family relations of Peruvians:

• Form F-007 - Free

• Receipt for payment (Banco de la Nación) of fee for the right to request a visa - S/. 25.00.

• Copy of passport or identity document of the beneficiary that has been "legalized" by the Peruvian Consulate and the Ministry of Foreign Relations or its Consular representative in Peru or authenticated by the Peruvian General Directorate of Immigration and Naturalization (DIGEMIN).

• In cases in which there are bilateral or multilateral agreements between Peru and other States or international organizations, the payment of fees will be subject to the indications of the agreement.

Birth certificate from country of origin that is legalized by the Peruvian Consulate and endorsed by the Ministry of Foreign Relations.

Do you happen to know what a foreigner must do to establish residency in Peru though?

EDIT: For example - how long must the foreigner must live in Peru?

To get immigrant status requires 2 years, but resident status has no time requirement. Since the OP has already been there 7 years, I would imagine he already has satisfied the immigrant status requirement.