A unique issue, a little help needed

[IL_Cowboy 0]

Good day all. This my first post, (and really don't know where to put it, sorry) and i come to ask for some serious help. I have read some, but i think her special situation bares a post of its own.

I have met a young lady around a year ago from Peru who has stole my heart and I have done the same to her. That's all good to know eh? Anyway. She has come here in November of last year for a week and again in April of this year to be with me. Now, we have been discussing the best way for us to be together here in the States. We are not technically engaged or married, but we are discussing ways to do it.

Here are my details: I am a citizen, born and raised in Illinois and am in very good standing with no criminal record and always pay my taxes and dues. I make around $50,000 a year and will have my home purchased by March of next year on a big piece of family owned farm.

Now on to her, she is in good standing in her country. She was here in 2008-2009 in CO with a J-1 student Visa which expired March of 2009. She also has an SSN card with the wording "Valid for work only with DHS Authorization". She has a valid B1/B2 visa for the U.S. until Oct, 2022.

We have looked into the K1 fiancee visa, but i am hearing massive backlogs which could take years for approval.

I've also heard of her coming here on her B1 and then marrying here. This is were its gets dark. Some say she can stay while we file for here AOS. Some say she must leave and I apply for a K3 and await its approval.

We both know it is going to take some time, but we obviously want to get her here in good time too. So we are willing to do what it takes.

Any and all help you all might have on our matter would be GREATLY appreciated as I am just starting to decipher going through all the necessary motions. Thanks for your time and help!!!

Nick

[canadian_wife 1,822]

Coming to the US on a tourist visa with intentions of marrying and adjusting status is visa fraud, it can carry a lifetime ban from the US.

The K-1 will not likely take years if your case is straight forwards, which yours seems to be.

She can come to the US, marry, and then leave. You'd file for the Cr-1 spousal visa in that case, the K-3 is a dead visa.

See the guide to figure out what visa is best for you both http://www.visajourney.com/content/compare

good luck

[Pinball1921 4]

While she CAN come here to get married, then leave, you have to be careful. If she comes to the country and is inspected at customs and they notice a wedding dress or something related to marriage they could keep her from entering the country. You can get married while on a B-1 (my wife and did) but it was completely and legitimately unplanned before she arrived.

[IL_Cowboy 0]

Coming to the US on a tourist visa with intentions of marrying and adjusting status is visa fraud, it can carry a lifetime ban from the US.

The K-1 will not likely take years if your case is straight forwards, which yours seems to be.

She can come to the US, marry, and then leave. You'd file for the Cr-1 spousal visa in that case, the K-3 is a dead visa.

See the guide to figure out what visa is best for you both http://www.visajourney.com/content/compare

good luck

Thanks for your post to that!!! I had read about visa fraud and was not happy with that option at all. Too much risk. I want it done the right way first time.

My next question on this note: Once I petition for her in a K1 when I come back from Peru in Sept, she can still travel to VISIT with here B1/B2 while we wait for her approval? We would make sure she would have documentation showing she would return and would not stay until she received her K-1.

[jenni17 36]

Good day all. This my first post, (and really don't know where to put it, sorry) and i come to ask for some serious help. I have read some, but i think her special situation bares a post of its own.

I have met a young lady around a year ago from Peru who has stole my heart and I have done the same to her. That's all good to know eh? Anyway. She has come here in November of last year for a week and again in April of this year to be with me. Now, we have been discussing the best way for us to be together here in the States. We are not technically engaged or married, but we are discussing ways to do it.

Here are my details: I am a citizen, born and raised in Illinois and am in very good standing with no criminal record and always pay my taxes and dues. I make around $50,000 a year and will have my home purchased by March of next year on a big piece of family owned farm.

Now on to her, she is in good standing in her country. She was here in 2008-2009 in CO with a J-1 student Visa which expired March of 2009. She also has an SSN card with the wording "Valid for work only with DHS Authorization". She has a valid B1/B2 visa for the U.S. until Oct, 2022.

We have looked into the K1 fiancee visa, but i am hearing massive backlogs which could take years for approval.

I've also heard of her coming here on her B1 and then marrying here. This is were its gets dark. Some say she can stay while we file for here AOS. Some say she must leave and I apply for a K3 and await its approval.

We both know it is going to take some time, but we obviously want to get her here in good time too. So we are willing to do what it takes.

Any and all help you all might have on our matter would be GREATLY appreciated as I am just starting to decipher going through all the necessary motions. Thanks for your time and help!!!

Nick

There is a backlog for K-1 petitions but it is not likely to take "years" the average processing times are around 6 months for Vermont and right now CSC is less... for the Lima embassy the average time is 2 months wait for an interview. My fiance and I have a straightforward case we were dating for 3.5 years before getting engaged and are both well educated and hold good jobs... it took us a little over 6 months to get our USCIS approval of the petition and were waiting for our interview to be scheduled in Peru... i'm estimating it should be in the end of July/early aug and he'll be here by the end of the summer... we applied in Nov 2012. It's uncommon for the K-1 to take over a year unless you encounter unforeseen setbacks.

That being said you should look at the link that was posted above to determine if a spousal visa would be more appropriate but using those visas the way they are intended to be used you would either need to marry in Peru and then petition for her to come or get married here and then she return to Peru while the visa is being processed. If USCIS discovers that she entered the US with the intent to marry and stay that can be considered visa fraud.

[jenni17 36]

Thanks for your post to that!!! I had read about visa fraud and was not happy with that option at all. Too much risk. I want it done the right way first time.

My next question on this note: Once I petition for her in a K1 when I come back from Peru in Sept, she can still travel to VISIT with here B1/B2 while we wait for her approval? We would make sure she would have documentation showing she would return and would not stay until she received her K-1.

read the forum below for answers to this question...

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

ultimately it is up to the officers at customs the final say as to weather they will let her into the country while her visa is processing

[Harpa Timsah 13,258]

Your situation is actually not special. A lot of people have had visas to the US and have tourist visas. It doesn't make anything any different.

Your choices are fiance visa or spouse visa. She can still come for visits during the process.

[IL_Cowboy 0]

Thank you all for your quick replies. I'm sorry, but this is special to me. Especially since no one around here that I know has ever delt with this, so ive been trying to educate myself with as much knowledge as possible on the internet. And thanks to you fine folks, this has already been a huge help!!!!

[jenni17 36]

Thank you all for your quick replies. I'm sorry, but this is special to me. Especially since no one around here that I know has ever delt with this, so ive been trying to educate myself with as much knowledge as possible on the internet. And thanks to you fine folks, this has already been a huge help!!!!

Well lucky you you've found this website!! Haha it's pretty much the only way to stay sane during the process and have somewhere to vent since the average US citizen has no idea how broken the immigration system actually is..even for people who are coming legally... if I had a dollar for every time someone asked me why it's taking so long to get my fiance here and then acted surprised when I explained the actual process, we'd probably have a significant dent made in our wedding savings fund haha

The key to making the process go quickly is doing your research before-hand... if you follow the guides on here and prepare a complete packet (front-load a lot for Peru which means including as much proof of relationship as you can in the original packet so that they have seen it before you even get to the interview) you should have no problems with RFEs to set your case back

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to General Immigration-Related Discussion; OP is considering different paths (K1 vs. CR-1).

[*Snowdrop* 604]

Here is a simple step process for deciding between the K1 (fiancee visa) and the CR1 (spouse visa)

1. Ask your fiancee where she wants to get married. If she absolutely wants to get married in her home country with all her family and friends then you have one choice - CR1

2. How soon after entering the US with her visa will she need to work? If it is immediately then you need the CR1

3. How does she feel about starting married life living separately in two different countries. If she hates that idea and wants to set up home with you immediately after being married then you should do the K1 - but balance that against the first two points.

Then you can consider the other points:

Cost - there is a difference in cost between the two

Wait for the visa - the K1 used to be slightly faster but they are similar now and the waiting times fluctuate so it's not a great thing to base a decision on

K1 visa holders cannot travel in and out of the country immediately like CR1 visa holders. K1s need to marry and file for adjustment of status and apply for work and travel permits. This can mean a wait of 3 months or more to work or travel out of the US (well, you can always leave but she would not be able to get back in without filing for a new visa) This impacts honeymoon plans.

[divine22 0]

Thanks for your post to that!!! I had read about visa fraud and was not happy with that option at all. Too much risk. I want it done the right way first time.

My next question on this note: Once I petition for her in a K1 when I come back from Peru in Sept, she can still travel to VISIT with here B1/B2 while we wait for her approval? We would make sure she would have documentation showing she would return and would not stay until she received her K-1.

I was petitioned for the K1 on February, and I travelled for 2 weeks to visit on March. And then again on May for 5 days.

She just needs to stay calm on her turn at immigration and just tell the truth when asked about what´s the purpose and with whom she´s staying. I said I was staying with my fiance both times, and did not have a problem. They just asked where he lived and what he did for a living.

Also, she has nothing to worry about if she has never overstayed a visa.

[Harsh_77 718]

Either you apply for K1 or CR1 it does not take longer than a year on average.

Both has its pros and cons and you can pick which works for you best, if you go to Peru and get married or she comes to US and you get married or she comes here on K1 and you get married in 90 days.

[ckurt 23]

Good day all. This my first post, (and really don't know where to put it, sorry) and i come to ask for some serious help. I have read some, but i think her special situation bares a post of its own.

I have met a young lady around a year ago from Peru who has stole my heart and I have done the same to her. That's all good to know eh? Anyway. She has come here in November of last year for a week and again in April of this year to be with me. Now, we have been discussing the best way for us to be together here in the States. We are not technically engaged or married, but we are discussing ways to do it.

Here are my details: I am a citizen, born and raised in Illinois and am in very good standing with no criminal record and always pay my taxes and dues. I make around $50,000 a year and will have my home purchased by March of next year on a big piece of family owned farm.

Now on to her, she is in good standing in her country. She was here in 2008-2009 in CO with a J-1 student Visa which expired March of 2009. She also has an SSN card with the wording "Valid for work only with DHS Authorization". She has a valid B1/B2 visa for the U.S. until Oct, 2022.

We have looked into the K1 fiancee visa, but i am hearing massive backlogs which could take years for approval.

I've also heard of her coming here on her B1 and then marrying here. This is were its gets dark. Some say she can stay while we file for here AOS. Some say she must leave and I apply for a K3 and await its approval.

We both know it is going to take some time, but we obviously want to get her here in good time too. So we are willing to do what it takes.

Any and all help you all might have on our matter would be GREATLY appreciated as I am just starting to decipher going through all the necessary motions. Thanks for your time and help!!!

Nick

It does NOT take years for k1 visa, you can check the guidelines and timelines to see approximately how long it takes.

You can file for K1 right now, seems like you meet all the requirements.

[ckurt 23]

Thank you all for your quick replies. I'm sorry, but this is special to me. Especially since no one around here that I know has ever delt with this, so ive been trying to educate myself with as much knowledge as possible on the internet. And thanks to you fine folks, this has already been a huge help!!!!

VJ users are very useful They have helped me a lot and still are helping since I am not done with my journey yet