Should I go for K1 or visitors Visa? Tips?

[1HappyGuy 45]

Say 195,

It doesn't sound like your ready to commit to marriage and she doesn't either. So, why don't you just have her apply for a visitor visa. You can even send an invitation letter to her that she can use at the embassy. I would say that her status as a student living with her parents can be used as evidence she will return, especially if she has additional time needed to complete her degree. If she requests a visitor visa between school terms then she might be able to make the argument that she can only stay for a short time. Everything I have said should also be true.

Now, if she is able to come and she likes it here and still likes you too, then you are in business. At that point you can go a couple of ways. File for a fiancee visa upon her return or get married here and apply for Adjustment of Status. I would think that her parents would prefer the fiancee visa route.

But, if this is not possible, well then you have to evaluate your feelings (both of you) and decide which way you want to proceed.

[195 1]

Say 195,

It doesn't sound like your ready to commit to marriage and she doesn't either. So, why don't you just have her apply for a visitor visa. You can even send an invitation letter to her that she can use at the embassy. I would say that her status as a student living with her parents can be used as evidence she will return, especially if she has additional time needed to complete her degree. If she requests a visitor visa between school terms then she might be able to make the argument that she can only stay for a short time. Everything I have said should also be true.

Now, if she is able to come and she likes it here and still likes you too, then you are in business. At that point you can go a couple of ways. File for a fiancee visa upon her return or get married here and apply for Adjustment of Status. I would think that her parents would prefer the fiancee visa route.

But, if this is not possible, well then you have to evaluate your feelings (both of you) and decide which way you want to proceed.

Yes the fiance route seems the way to go, except I don't want to deal with a very long waiting period after marriage. I want to get married and move when we both want to, without needing to spend time apart right after we get married cuz she is not aloud in the US.

In the link JoJo sent, I failed to mention I have been pressing for a permanent Visa for a very long time now. That is why I already have a bank account, CPF, etc - it's all been in preparation for a permanent Visa. This was before I had any girlfriend or anything - purely business related.

Anyways I know it seems like I'm getting ahead of myself with discussing marriage, but basically I'd rather iron out the wrinkles before any knots are tied, than to deal with them after marriage. Even if marriage didn't work out, the worst thing that happened to me is I got a permanent Visa which is a good thing.

And I love my girl . I KNOW and she knows she will love the US but family is a VERY important thing for me. She's gotta meet my family and I need support from my half to give me confidence in a decision as big as this. Because I love her so much, this is the reason I am trying to do these marriage logistics as painless as possible. I don't want her to feel worried and anxious or overwhelmed about the Visa process - which is why a DCF appears to be the best option if it's feasible.

Thanks agian for all your answers!

Edited October 11, 2006 by 195

[Mew 0]

Yes the fiance route seems the way to go, except I don't want to deal with a very long waiting period after marriage. I want to get married and move when we both want to, without needing to spend time apart right after we get married cuz she is not aloud in the US.

But with a K-1 (fiancee route), she can go to the U.S. right after she gets the visa and you can only get married in the U.S. She'll have 6 months to enter the U.S. with the visa and you'll have 90 days to get married in the U.S. as of the date of entry.

[195 1]

Yes the fiance route seems the way to go, except I don't want to deal with a very long waiting period after marriage. I want to get married and move when we both want to, without needing to spend time apart right after we get married cuz she is not aloud in the US.

But with a K-1 (fiancee route), she can go to the U.S. right after she gets the visa and you can only get married in the U.S. She'll have 6 months to enter the U.S. with the visa and you'll have 90 days to get married in the U.S. as of the date of entry.

Yes but she wants to get married in Brazil. It's easier for my family to go to Brazil for a wedding than vise-versa. Hence this is a K3 matter, which requires time apart. Sorry for the mixup in language.

[john_and_marlene 162]

Yes the fiance route seems the way to go, except I don't want to deal with a very long waiting period after marriage. I want to get married and move when we both want to, without needing to spend time apart right after we get married cuz she is not aloud in the US.

But with a K-1 (fiancee route), she can go to the U.S. right after she gets the visa and you can only get married in the U.S. She'll have 6 months to enter the U.S. with the visa and you'll have 90 days to get married in the U.S. as of the date of entry.

Yes but she wants to get married in Brazil. It's easier for my family to go to Brazil for a wedding than vise-versa. Hence this is a K3 matter, which requires time apart. Sorry for the mixup in language.

If you decide to get married in Brazil, then K1 is not the correct visa. CR1 and, optionally, the K-3 would be appropriate. Unless you can DCF in Brazil following marriage or you can wait in Brazil for the CR1/K-3 to process, you won't be able to reconcile both objectives of being married there and not being apart.

[meauxna 15]

Even if marriage didn't work out, the worst thing that happened to me is I got a permanent Visa which is a good thing.

Just to keep it real here, if the above is what you think, I encourage you to review the terms of the financial affidavit you'll be required to sign (I-864). Divorce does not end that obligation; it can be in force for a long, long time.

DCF is the fully loaded weapon. Make sure you understand what you're handling before you pick it up.

[195 1]

Even if marriage didn't work out, the worst thing that happened to me is I got a permanent Visa which is a good thing.

Just to keep it real here, if the above is what you think, I encourage you to review the terms of the financial affidavit you'll be required to sign (I-864). Divorce does not end that obligation; it can be in force for a long, long time.

DCF is the fully loaded weapon. Make sure you understand what you're handling before you pick it up.

I know what you are saying and I appreciate it and all...

However if I wanted to post about my feelings for my girlfriend, I would have gone to a different forum. All I am looking for is legal information here. Just as the consulate doesn't want to hear about our love story, neither do I want to tell it to the inappropriate forum. I don't think it's necessary to proclaim my emotions to try and convince a forum for what I want to do legally.

I'm sorry if I come across rude. I know that a lot of relationships in this very forum have started from the internet so our perceptions are different. But as for me, I use the internet purely as a tool for giving and receiving information so I'm not very good at explaining my love story over text to strangers.

[Yodrak 7]

195,

This is an issue where the relevant legal information should clearly be obtained from a consultation with an immigration attorney.

Yodrak

.... All I am looking for is legal information here. .....

[meauxna 15]

Even if marriage didn't work out, the worst thing that happened to me is I got a permanent Visa which is a good thing.

Just to keep it real here, if the above is what you think, I encourage you to review the terms of the financial affidavit you'll be required to sign (I-864). Divorce does not end that obligation; it can be in force for a long, long time.

DCF is the fully loaded weapon. Make sure you understand what you're handling before you pick it up.

I know what you are saying and I appreciate it and all...

However if I wanted to post about my feelings for my girlfriend, I would have gone to a different forum. All I am looking for is legal information here. Just as the consulate doesn't want to hear about our love story, neither do I want to tell it to the inappropriate forum. I don't think it's necessary to proclaim my emotions to try and convince a forum for what I want to do legally.

I'm sorry if I come across rude. I know that a lot of relationships in this very forum have started from the internet so our perceptions are different. But as for me, I use the internet purely as a tool for giving and receiving information so I'm not very good at explaining my love story over text to strangers.

Not at all, and forgive me if you read me as prying.

I'm one of the Practical Camp here, and am more used to lovesick songs of undying passion and marriages that never end; your thoughts are refreshing and appropriate.

Just make sure you understand what your *legal* obligations are should the flame die.

[sophyie 0]

I'd say:

Show her the US on a tourist/visitor visa and then decide on the further steps.

IF she wants to get married, WHERE you want to get married and WHEN, and based on these decisions you can decide on the way (K1, K3, DCF).

Good luck!