Military member, VWP to Marraige To K-3

[tommodonahue 0]

I am a member of the US Air Force. I recently PCS'd from The Netherlands. My girl friend is in The Netherlands (UK Citizenship) living with her parents. I have just found out that I received some rather ill information from my delegation immigration office and USCIS as well. I won't get into that.

Background information on the relationship:

a. we have been dating for over a year

b. she has lived with me at my place of residence in the netherlands for that amount of time

c. we have traveled Europe quite extensively, going on several holidays together and to visit her family in England twice.

d. we have good relations with each of our in laws

My girl friend has a flight rather soon and she is on the Visa Waiver Program for 90 days. She is caught up between traveling the world and then getting married after a year and getting married while she is in the United States.

If my girl friend wants to get married while we're in the United States, what is the process? We will get married sometime around the 30-70 day mark of her Visa Waiver. Then we can apply for either adjustment to status or the K-3 Visa.

Is it possible to file for the K-3 Visa after getting married and then have her fly back to The Netherlands while it's processing? Then, is it also possible to have her come back and visit again within a week or two?

Since I am in the military, I get certain benefits. I.E, if she goes back to The Netherlands, I will might get benefits for her having to reside overseas. She will have a US Armed Forces dependent card (Which means she can take Space-Available flights).

So, to sum up that first situation:

1. She flies over on the VWP.

2. We get married. She gets a US Armed Forces Dependent ID card.

2a. We file for the K-3 Spouse visa.

3. She flies back to The Netherlands after on her return ticket at 90 days.

4. She then stays in The Netherlands for a week or two and flies back to the United States (On what? K-3 or VWP?...).

Q. Would it be less auspicious that she is trying to commit fraud since I am in the US Military?

Q. What would the chances of her flying over, getting married, and applying for adjustment of status? (Which, is what the USCIS and my Delegation told me to do.. Doh! for not double checking that).

Q. How long do K-3 Visa's take to process? I understand that they are 'expedited' for members of the US Military.

[canadian_wife 1,822]

Her coming over on the VWP with full intentions of getting married and filing for AOS is immigration fraud, regardless of whether you are in the military or not (thank you for your service by the way).

The K-3 visa will killed on February 1, 2010 so you should begin reading up on the guides for the Cr-1. Begin with the guides up at the top.

Your first situation sounds like the best for you, visiting the US, getting married, then returning to the Netherlands. If she wants to return after a few weeks, she'll likely have to return on the VWP again (it will take 6-8 months to receive the cr-1 visa, which will be applied for at the US consulate in the Netherlands). Her admittances and duration of stay is up to the border agent at the time of crossing however.

Certainly look into the expedite - if you qualify it could save you heaps of time

Good luck, welcome to VJ.

[pushbrk 12,908]

Her coming over on the VWP with full intentions of getting married and filing for AOS is immigration fraud, regardless of whether you are in the military or not (thank you for your service by the way).

The K-3 visa will killed on February 1, 2010 so you should begin reading up on the guides for the Cr-1. Begin with the guides up at the top.

Your first situation sounds like the best for you, visiting the US, getting married, then returning to the Netherlands. If she wants to return after a few weeks, she'll likely have to return on the VWP again (it will take 6-8 months to receive the cr-1 visa, which will be applied for at the US consulate in the Netherlands). Her admittances and duration of stay is up to the border agent at the time of crossing however.

Certainly look into the expedite - if you qualify it could save you heaps of time

Good luck, welcome to VJ.

Yes, marriage then the CR1 visa path. Marry as early in the visit as you like but be wise and avoid indicating marriage as the reason for the visit. Another truthful but generic answer like "holiday" will suffice. If you have an impending deployment, you may qualify for expedited processing of your case.

Start by studying the IR1/CR1 guide and the instructions for the I-130 form.

[tommodonahue 0]

I will be looking into doing a direct file at the consulate, is that possible?

[milimelo 4,486]

I will be looking into doing a direct file at the consulate, is that possible?

Not if you are now in the US. Would've been possible if you had been in the Netherlands for 6 months - with your AirForce job stationed there.