K-3/CR-1 visa or enter on tourist visa and petition?

[sevilla1926 0]

Hi guys,

I have a couple of questions and basically am looking for advice on what route to take from people who have been in our shoes.

In March of this year my wife and I got married in Spain and we have been going through the process here to get my resident status, and months later we can see the light at the end of the tunnel. Before all of this started I researched the process for when we wanted to come to the states and I saw that as long as my wife entered legally that she could petition for an AOS and go through the resident process in the states. However, I was very foolish and assumed that entering legally as a tourist would not be a problem, and have only just recently found out that it would entail lying for the motive of traveling to the states and that she could face consequences. We had been planning our moves and big life decision pending my Spanish resident status and it's almost finished (literally in 43 days), and now it looks very dark and ominous after we discovered this new information... so below are the options we have been tossing around and I would like to know what people think and if they have any advice.

1. Tourist Visa --

What does everyone think about having my wife enter on a tourist visa and then to start the process from the states. Is this possible? If so, is it worth it?

2. Student Visa --

We both want to study and are in the process of applying to grad schools for the Fall of 2012. Is it possible to say screw the spousal visa and live together with her having her student visa? If so, what would be the reality of things if after school we decide to stay in the states? Would the act of being married before entering the states years prior, but then her living with a student visa for some years and then trying to get a spousal visa years later be a serious problem? I know this visa takes a long time as well, but then my wife could come over for three months on the tourist visa and then go home, and come back over once the student visa gets processed.

3. K-1 Visa --

Is it possible to apply for a K-1 visa and get married (again) in the states? I only ask because a Colombian friend of ours has told us that she knows people in the states that got married in Colombia and then to be able to go to the states and live/work they got married there as well.

4. K-3/CR-1 Visa --

I know that this route is the most sure and honest thing, but it also seems to be the longest. Also, we live in Spain and I saw on the Madrid Embassy website that they will no longer do DCF (Direct Consular Filing) after August 15th of this year (yes, I am kicking myself in case you were wondering!). The website says that we have to start the process with the Chicago Lockbox and go through the process. However, it is difficult to get in touch with the embassy and I have questions/worries about the I-864 form, for example, as I'm not going back being employed and I don't have my own residence (no house/apartment).

If you guys could let us know what you think and have any advice we would greatly appreciate it. The last 48 hours have been hectic to say the least and it seems like good help and information is hard to come by.

Thanks in advance for all your help!

[jkminney 30]

A tourist visa isn't going to be long term. You can't do the K1 because it's a fiance visa and you are already married. As far as the student visa is concerned if you aren't looking at going to school until 2012 what are you planning on doing in the mean time? The only good/true option would be the CR1. Alot of people are getting through pretty fast now. Our entire process will be done just under 7 months.

[kzielu 1,149]

1. Tourist - possible, but illegal - guess you already know this. Can result in a lifetime ban, decision if you want to take a risk is yours.

2. That is a possibility, but again it is the intent that matters here. Problem is your wife has US citizen husband, which will be a factor for the embassy whether to approve the visa. Same thing when entering on tourist one.

3. K-1 - forget about it, you are already married.

4. That would be the right choice in your situation. Again - choice is yours if you want to wait or take a risk...

[blessed04 1]

CR 1 is best. Just get a cosponsor for I864. Its does not always take longer. Some have done the whole thing in 6-7 months. Start now!

[sevilla1926 0]

Thanks guys. Pretty much what I was thinking, but just in a bit of denial and was grasping at straws a bit. Right now we are gathering all of the information to send to the Chicago Lockbox, and from there I guess the best thing to do is to send in the I-129F and whichever one gets processed first is the route we go, correct? Is it even worth sending both in?

Another question I have is that as we are living in Spain, they will send all documents to the address we live at without a problem, correct?

Thanks again for all your responses!