Seeking some advice

[Jericho 28]

I found this site after having been given horrible advice by two immigration attorneys. So I decided to start doing my own research. I had consulted two immigration lawyers, and both had the same advice that my fiance should just come to the U.S. and visit and spontaneously decide to marry. Both my fiance and I were skeptical, so we did some research and realized that this appears to be illegal and could jeopardize her future. So, here we are, having had to pause our relationship to sort this out. There is a great knowledge base on this site, but we are confused as to where to start.

My fiance lives in Mexico, but works for an american company. She also has Spanish citizenship, but has not lived there since she was 6 years old (She is 26 now). The company that we work for would most surely sponsor her for a work visa, but we want to get married anyways. Is there any difference in processing times from either consulate?

[Patrick&Chloe 7]

Work visa would be faster I believe. I'm pretty sure she would be able to travel to the U.S on a working visa and if you guys wanted to get married you can change her status (AOS). I think this is correct.

[Tim/Mav 305]

I found this site after having been given horrible advice by two immigration attorneys. So I decided to start doing my own research. I had consulted two immigration lawyers, and both had the same advice that my fiance should just come to the U.S. and visit and spontaneously decide to marry. Both my fiance and I were skeptical, so we did some research and realized that this appears to be illegal and could jeopardize her future. So, here we are, having had to pause our relationship to sort this out. There is a great knowledge base on this site, but we are confused as to where to start.

My fiance lives in Mexico, but works for an american company. She also has Spanish citizenship, but has not lived there since she was 6 years old (She is 26 now). The company that we work for would most surely sponsor her for a work visa, but we want to get married anyways. Is there any difference in processing times from either consulate?

I think, that both Immigration Attorneys gave you Bad Advice based on your post alone:

Reasoning: Yes, she/he could come as a Visitor/Work Visa and Marry and act like it was Spontanious.

Reason to Avoid this is: It will show when you file paperwork proving your relationship and I believe USCIS will see Immediate Fraud that the intent to enter was to Marry and play the system as others have done/others have failed. Is it worth it ? When the Intent is to Marry.

Read the supplement Forms for a I-129-F or a CR-1. It will ask Employment History. You stated: We work for the same Company. It will ask how long you known eachother sooner or later and they will catch a Intent to Marry and Stay using a Inappropriate Visa Status.

If you Love her/him. Play this by the book and avoid shortcuts that these Lawyers suggested.

The reason your asking is: You know there is something that don't sound right.

True. ?

As far as a K-1 Visa Petition or a CR-1 Petition I'll let another member add their thoughts.

Sounds like nothing is Filed yet so lets see what other members think.

Good luck.

[mariabella143 0]

Hi,

Yes, work visa would be faster. I apply a work in usa and i thought i will wait long time to get that but it takes only a couple of months. I'm here to recommend you this and to anyone also.

work in usa

[Tim/Mav 305]

Hi,

Yes, work visa would be faster. I apply a work in usa and i thought i will wait long time to get that but it takes only a couple of months. I'm here to recommend you this and to anyone also.

work in usa

This is the reason why Members wait so long for a NOA2. (or one more of them) The Intent is to Marry trying to use a Work Visa. HELLO.

[sara..... 371]

let me get this straight in my mind......she/he is going to come to usa on work visa knowing full well that once here she/he will marry you and then you will apply for aos?

if that is the case it is visa fraud....no wait maybe not if he/she is staying at what ever job they came on after marriage...holy ####### i dont know if its visa fraud or not but it just dont sound right doing it that way.......

sara

[Jericho 28]

let me get this straight in my mind......she/he is going to come to usa on work visa knowing full well that once here she/he will marry you and then you will apply for aos?

if that is the case it is visa fraud....no wait maybe not if he/she is staying at what ever job they came on after marriage...holy ####### i dont know if its visa fraud or not but it just dont sound right doing it that way.......

sara

Sorry if I was unclear. The two attorneys that we consulted gave us that advice. It didn't sit right with either of us, so we did some research and realized that it was wrong. Not only was it wrong advice, but as it turns out it could have jeopardized her status or ability to enter the U.S.. It was fairly obvious that we didn't fit the exception that had been suggested we take advantage of.

Let me give a little background to clarify a bit. We both work for a cruise company, so we both have a lot of flexibility regarding where we can live or work. It's a great company that has already made the offer to sponsor her to work in the U.S. based on her skills and qualifications. She had been planning this all along, and meeting me was a detour. Our jobs involve being out to sea for three to 5 weeks, depending on assignment, then one to two weeks off. We have been trying to coordinate assignments so that we could spend out downtime together and it has worked well. It has been difficult spliting time between Miami and Tampico, but we have made it work.

We have a lot of routes we can take, or so I'm told. I would just like to know what peoples experiences are. Is the fiance visa any faster than the spouse visa? I have a million other questions, but I figure this first one will direct me where to look next.

[ATPEACE 43]

The only problem I see with the K1(finance) visa is that she will not be able to work in the US, ubtil she has married and then adjust her status.

The CR1 require you to be married, and after receiving the visa she can start work immediately within the US.