Malaysia Fiance Visa Question

[MikeinAZ 0]

I live in Phoenix Arizona & have a Fiance in Malaysia. I have a question on getting her here the fastest or easiest way. Should I do a Fiance Visa or get married first & do it that way? She has a Vistor Visa already. She has been in the U.S. 3 times in the past 3 yrs. We plan on getting married soon but if we start the Fiance Visa & then get married in the process, will that confuse the process or be better? Thank you for any help.

Mike

[raymaga 25]

If you get married during the K-1 Visa process, you will have to start over from the beginning and apply for a K-3 Visa. You cannot enter the US with a K-1 Visa (which is a "Fiance" Visa) if you are already married.

[MikeinAZ 0]

That's what I thought but should we just get married first? She was just here for 3 weeks & I'm planning on going there in Sept. We could get married at that time or wait. I have all the Fiance Visa paperwork but can wait if we get married in Sept. I don't know what is the best path to take.

Mike

[scy 0]

Taken from this website http://www.k1fianceevisas.com/

One question I am asked regularly is "Why can't my fiancee just come using a tourist visa or on the visa waiver program and marry me?" The problem is that a main condition of both a tourist visa and the visa waiver program is your fiancee's sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that an intent to marry a U.S. citizen is the same as an intent to immigrate. If your fiancee enters the U.S. as a tourist, without disclosing that they are your fiancee and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

In theory, it is possible for someone to obtain a tourist visa for the express purpose of coming to the U.S. to marry. The problem is, to do this safely, they must disclose their intention when they apply for their tourist visa, and convince the consular interviewer that they truly intend to return to their home country after your marriage. For obvious reasons, this can be difficult to do, because the consulates know that the K1 fiancee visa is available as an alternative. Even if the tourist visa is given, there is also a possibility that your fiancee could be "turned back at the border" when they try to enter into the U.S. if the inspecting officer does not believe your fiancee really intends to return home after your wedding. Finally, if you use this option, your fiancee will have to return home after your wedding, and you will need to apply for a K3 spouse visa or other appropriate immigration visa for them to be able to return to the U.S. -- a process that is just as complicated and lengthy as obtaining a K1 fiancee visa in the first place.

Using the K1 fiancee visa avoids all of the problems noted above, and is the only appropriate way for a foreign fiancee to come to the U.S. to marry.

[MikeinAZ 0]

Taken from this website http://www.k1fianceevisas.com/

One question I am asked regularly is "Why can't my fiancee just come using a tourist visa or on the visa waiver program and marry me?" The problem is that a main condition of both a tourist visa and the visa waiver program is your fiancee's sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that an intent to marry a U.S. citizen is the same as an intent to immigrate. If your fiancee enters the U.S. as a tourist, without disclosing that they are your fiancee and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

In theory, it is possible for someone to obtain a tourist visa for the express purpose of coming to the U.S. to marry. The problem is, to do this safely, they must disclose their intention when they apply for their tourist visa, and convince the consular interviewer that they truly intend to return to their home country after your marriage. For obvious reasons, this can be difficult to do, because the consulates know that the K1 fiancee visa is available as an alternative. Even if the tourist visa is given, there is also a possibility that your fiancee could be "turned back at the border" when they try to enter into the U.S. if the inspecting officer does not believe your fiancee really intends to return home after your wedding. Finally, if you use this option, your fiancee will have to return home after your wedding, and you will need to apply for a K3 spouse visa or other appropriate immigration visa for them to be able to return to the U.S. -- a process that is just as complicated and lengthy as obtaining a K1 fiancee visa in the first place.

Using the K1 fiancee visa avoids all of the problems noted above, and is the only appropriate way for a foreign fiancee to come to the U.S. to marry.

Thank You, that does help. But, should I wait & get married there in Sep or start the Fiance visa now? I'm new at this & very, very confused.

Mike

[scy 0]

Thank You, that does help. But, should I wait & get married there in Sep or start the Fiance visa now? I'm new at this & very, very confused.

Mike

See this comparison.

http://www.visajourney.com/forums/index.ph...om&page=compare

[malydon 0]

Thank You, that does help. But, should I wait & get married there in Sep or start the Fiance visa now? I'm new at this & very, very confused.

Mike

See this comparison.

http://www.visajourney.com/forums/index.ph...om&page=compare

Yes generally she gets here faster as a fiance. Wait to get married when she gets here. Its only a piece of paper.

Mike

[Neonred 3,603]

If you start the fiance visa process now you will be able to get her here at least 7 months sooner than if you wait until you get married and then file K-3. That is assuming K-1 and K-3 processing takes the same amount of time. For many I have been told K-3 actually was longer, but you should check the timelines. If you start immediately you could have her here pemanently before September, depending on the wait time for the interview at her embassy

[MikeinAZ 0]

Thank's for the info. It is a big help.

Mike

[Jasman0717 9]

At the time I filed for Claudeth's, one year ago this coming Wednesday, the K-1 was so much faster than the K-3. I have no idea what the timelines are now so suggest you try a search of each visa type for your embassy and service center. I tried the search and found 3 entries for the K-1. One did post to apply for your police clearance early, it delayed them by 3 months. Good luck

Edited February 20, 2006 by jasman0717

[MikeinAZ 0]

Thank's again for all the info. What am I looking for in terms of dollars to get all this done if I do it alone?

Mike

[Jasman0717 9]

Thank's again for all the info. What am I looking for in terms of dollars to get all this done if I do it alone?

Mike

At this point, including the plane ticket and the AOS filing I am sitting at about $1500

[MikeinAZ 0]

What are all the costs for the paperwork?

[Miwa 0]

I'm in the last stage of getting my Malaysian fiancee a K-1 visa (interview date was sched for 2-28, but had to reschedule and now it's 3-28).

You can look at my timeline for some estimate of times, although the time to get NOA2 seems much shorter these days.

You might want to consider doing a DCF, but I believe you will have to spend a minimum of 21 days in Malaysia to get the marriage license, possibly more. That is likely the fastest method, but if NOA2 takes weeks instead of months, then it would change the timeline a bunch too.

Best bet is to file I-129F now, as you have already meet in person. Then go thru the painful process waiting for all the steps.

Other things to note is that it took almost 3 months for her to get her Police Certificate there, and I think you will have to do that no matter which kind of visa you go for.

So, in summary, DCF is potentially fastest, but if they dont let you do that, or are too busy (seems they are busy right now), then you are hosed at that point and have to file a K-3, which takes much longer than a K-1. There are benefits to a K-3, such as getting a work permit upon entry. Read the guides here.

K-1 is likely your safest and best bet. It's a bit painful going thru all the steps, but I think it's the best plan.

I've been to KL 4 times since filing for the K-1, and she came here once at christmas (with lots of proof that she's going back). At least hotels there are cheap. I've stayed at all sorts of 4 and 5 star hotels (staying at the KL Hilton was really nice).

[iusb 0]

DCF in KL will be the fastest way to go. As Miwa said, it took almost 3 months to get police certificate, so apply police certificate NOW, get married, and have I-130 interview at KL. You might be able to bring your wife back in 30 days or so. Good luck!