Fiance Spouse Living Abroad (merged)

[Hollyday 122]

She is not employed and does not have a job. Romania is very difficult to get a tourist to the US. As I said the odds would be near zero, so why waste the time. I am thinking to have her come on the K-1 then return and at that point it may be easier to make the case that she is not seeking permanent status, since she has traveled here and returned under her own free will. If after the K1 we can't get a visitor visa, we will apply file the CR1/K3 document, but when she leaves again the application for change of status will be automatically cancelled. I am unsure if she will be able to reenter at that point, but surely we will be able to convince them that we need a temporary non-immigrant visa.

I think it'd be much easier for you to get married in Romania altogether.

[tony95 0]

Please explain the process.

She comes on K-1 and returns home.

We file for tourist visa and get approved. Problem solved (yay). If not we file the I-130 visa while she is in Romania.

My understand is that now you are required to file a AOS with the I-130. I am not sure how this works if she is not in the country already.

[jenni17 36]

Please explain the process.

She comes on K-1 and returns home.

We file for tourist visa and get approved. Problem solved (yay). If not we file the I-130 visa while she is in Romania.

My understand is that now you are required to file a AOS with the I-130. I am not sure how this works if she is not in the country already.

You will not be able to file the AOS from Romania. Once she leaves the US after getting married on the K-1and before filing for AOS the K-1 is nullified (it's a single entry visa).

I'm not sure I agree that filing for a tourist visa after she leaves on the K-1 is a sure thing as you suggest. They may believe that she is trying to get back into the US to file AOS without having to go through the process of applying for a spousal visa from abroad.

If she files for AOS waits for her green-card in the US before returning to Romania and then leaves and turns in the green card before applying for a tourist visa as penguin suggested you will have better luck.

[Penguin_ie 5,994]

You do not file adjustment of status with the I-130- you would with the K1, but it takes several months and you say she cannot stay in the USA more than one month.

In the old days, you'd file AOS with the K3 visa but as mentioned, this visa is obsolete and usually administratively closed at NVC stage even if you try to get it. With the CR-1 spousal visa, there is no AOS- she'd get a greencard upon entry to the USA.

The reason I suggested at least trying for a tourist visa first is that it is so much cheaper and you can usually get the interview appointment in a few weeks, and a denial wil not impact a future K1- doing a K1 and then later a CR-1 and then a tourist visa takes so much longer (close to a year for both the K1 and CR-1, each), and is so much more expensive.

[NikLR 13,227]

I agree with Penguin. I like her plan best for you guys if her son cannot move with her.

Try for a tourist visa. She should not have a letter from you or any of your information. If she's denied, go to Romania and get married. (skip the k1... why bother! Save the money for a flight!) File an I-130 petition. Upon approval it is sent to the National Visa Center where more paperwork is submitted. After approval at an interview she would come to the USA and have a green card. She can move back and forth as long as she stays in the USA more than out of country. However the option is also there to give her green card over to the US embassy in Romania, thus showing she doesn't have immigration intent while applying for another tourist visa.

Penguin did I get that right?!

[jenni17 36]

I agree with Penguin. I like her plan best for you guys if her son cannot move with her.

Try for a tourist visa. She should not have a letter from you or any of your information. If she's denied, go to Romania and get married. (skip the k1... why bother! Save the money for a flight!) File an I-130 petition. Upon approval it is sent to the National Visa Center where more paperwork is submitted. After approval at an interview she would come to the USA and have a green card. She can move back and forth as long as she stays in the USA more than out of country. However the option is also there to give her green card over to the US embassy in Romania, thus showing she doesn't have immigration intent while applying for another tourist visa.

Penguin did I get that right?!

I don't agree with this. If she is denied and then goes to file the I-130 it will be obvious that they were in a relationship when she applied for the tourist visa and did not give the real reason for wanting to visit the us. I don't think any information should be with held when she applies for the tourist visa. This could create problems down the road. The rest looks like a plan.

[tony95 0]

We have had several cases on here where tourist visas were denied, then the couple got a spousal visa, and as soon as they had the greencard, left and formally handed back the greencard at the local US embassy, then applied for a tourist visa, and were successful.

Thanks Penguin. I think I will definitely start with the K1, then we will go from there. After we marry, I know the marriage will work against us, but having been to the US and left to return to her son demonstrates that she is not a big risk, because if she intended to overstay her visa she would have done it on the K1. This should be a long process. Should be interesting and I can always travel there to see her. Just have to get my business in order asap.

[tony95 0]

I don't agree with this. If she is denied and then goes to file the I-130 it will be obvious that they were in a relationship when she applied for the tourist visa and did not give the real reason for wanting to visit the us. I don't think any information should be with held when she applies for the tourist visa. This could create problems down the road. The rest looks like a plan.

Yes, I agree. We will start with the K1. Everyone I have talked to says that she will definitely be denied a tourist visa. She is unemployed and does not have property. Her tie is her son and as crazy as it sounds, this is not good enough. And we do intend to marry and do want to seek permanent status at some point, but it will be difficult to convince them that it is not immediately. Anything can change, would be great if we find a way for her to stay and file for the AOS. She will have to explain that her intent is to file for permanent status when she interviews for the K1, but if she has to leave, we will make the case for a visitor visa or start a spouse visa process. geez. By the time we get through this Romania might be added to the VWP.

Edited July 14, 2013 by tony95

[bigdog 376]

Good luck.

[Mariana2012 89]

She is from Romania, she will never get approved for a tourist visa. Maybe we should file for a green card and have her in the US as much as possible. It is not as if she does not want permanent status, we just think we will fall short of the requirements because we will be spending too much time in Romania.

Saying she will never get a tourist visa is absurd. Especially that she has a child she leaves behind she is very likely to get a visa .

[Cathi 5,769]

If you plan to live abroad, why not just get married abroad?

[tony95 0]

Saying she will never get a tourist visa is absurd. Especially that she has a child she leaves behind she is very likely to get a visa .

This what I keep hearing. But,you all have convinced me that it is worth trying. I will send a letter and personally guarantee that she will return, for whatever that is worth. Then it will be up to her to convince the interviewer that she loves her son and there is no chance that she would abandon him. Thanks everyone, I hope she is approved and some day can apply for permanent residenccy.

[tony95 0]

If you plan to live abroad, why not just get married abroad?

We are going to look into this. However, marriage in America, as a matter of process, would be better. The Romanian government makes it difficult and would be much more easy here. Also, it is a matter of timing. I want to get married in a few months, with my job I need her to come visit me and that seems like the perfect time to get married. A ceremony in Romania will come later. In about a year I plan to have a business that will allow me to work from anywhere.

[Noel194 53]

Remember every answer you give is written down so just make sure soemone does not misrepresent the fact in an attemp to gain one of the 3 or 4 visas you are trying to get. For example if she were to apply for a tourist visa and answer "no" if asked about a US fiance that could torpedo your entire journey. Honest answers and what happens happens. I only say this because your situation is very complicated.

[tony95 0]

Remember every answer you give is written down so just make sure soemone does not misrepresent the fact in an attemp to gain one of the 3 or 4 visas you are trying to get. For example if she were to apply for a tourist visa and answer "no" if asked about a US fiance that could torpedo your entire journey. Honest answers and what happens happens. I only say this because your situation is very complicated.

I agree completely. I think we have to tell them that we are engaged. That we are willing to apply for a fiance visa but she has no intention of staying in America so this is the honest approach. If they reject us then we will start the K1 process.