Marrying a forigner: Correct procedures?

[pollycranopolis 0]

OP you are missing the point entirely... Regardless of if she is coming in her NEXT vist or the visit after that or the visit after that or so on and so forth... She CANNOT enter the USA on a tourist visa withy he intent to stay in the USA... This is playing with fire. The AOS process you keep referring to is a loophole in the law which allows a citizen to spontaneously marry someone who is visiting on a tourist visa (who arrived without prior intent to marry and adjust status) to stay and adjust status.

If there was an easy button where your foreign spouse could just wait it out here in the USA with you without the inconvenience of waiting apart, well, there would be little need for this forum. What you are proposing is illegal, clear and simple and will carry a ban. Once you marry, she goes back to her job, she can come visit you (be sure to provide proof of ties to her country that she resides in so they don't think she is intending to stay) as much as she wants, but it is up to the immigration to let her in or not... Then... She will niter view and receive the visa in the country she resides in...

Thanks for the info. Very helpful. I have a pretty good grasp now on the points your'e making. You can marry in the US, but theres no guarantee your spouse will be able to get back into the US using a B2 (tourist visa) once they leave (until the US spouse completes a Cr-1, and eventually the other spouses visa is approved). Also, the cases where spouses stay awaiting green card approval are for special circumstances where it is genuinely understood by immigration that the marriage was not planned. Otherwise, it's illegal, and a heavy gamble to take (with 10 yr possible ban).

Edited August 16, 2013 by pollycranopolis

[christeen 966]

Thanks for the info. Very helpful. I have a pretty good grasp now on the points your'e making. You can marry in the US, but theres no guarantee your spouse will be able to get back into the US using a B2 (tourist visa) once they leave (until the US spouse completes a Cr-1, and eventually the other spouses visa is approved). Also, the cases where spouses stay awaiting green card approval are for special circumstances where it is genuinely understood by immigration that the marriage was not planned. Otherwise, it's illegal, and a heavy gamble to take (with 10 yr possible ban).

Exactly.... Don't mess with short cutting a few months and costs you years...

[pollycranopolis 0]

K-3 visas are rarely if ever granted anymore, they are obsolete. The K-3 was used years ago when the time between filing the petition for the i-130 and approval of the visa took many years. Now the wait time is only 6-12 months. The proper way to do it is to file an i-130 for the cr1 while the intending immigrant waits for interview in their home country. The foreign spouse can visit using a visitor while waiting for the interview, but must make sure not to over stay and must return to home country for the interview.

Any differences between the k1 fiance visa, and the k3 spouse as far as wait times/rules? Would these allow for her to get here faster, and remain pending a i-130? Reason I'm asking is that I wont be in a position to file a cr1 0r i-30 until jan/feb of next year. If I would apply for fiance visa now, and it would get approved by say, Jan/Feb 14, wouldnt that allow her to remain for marriage and AOS? Would intent to imiigrate still be an issue at that point?

[lost_at_sea 995]

Any differences between the k1 fiance visa, and the k3 spouse as far as wait times/rules? Would these allow for her to get here faster, and remain pending a i-130? Reason I'm asking is that I wont be in a position to file a cr1 0r i-30 until jan/feb of next year. If I would apply for fiance visa now, and it would get approved by say, Jan/Feb 14, wouldnt that allow her to remain for marriage and AOS? Would intent to imiigrate still be an issue at that point?

The K1 is specifically for that purpose. It lets someone enter the US with immigrant intent (based on their impending nuptials and AOS).

You'd be bloomin' lucky to get that by Jan/Feb, though. The i129f/K1 runs at about 4 - 9 months for petition approval, then 3 - 5 on the embassy side to get the visa application done in itself.

There's a handy comparison guide here for K1 vs IR/CR-1 and K3 http://www.visajourney.com/content/compare

Edited August 16, 2013 by lost_at_sea

[KayDeeCee 4,893]

~ Moved from IR-1/CR-1 Process to What Visa Do I Need- OP still considering a visa path ~

[tool 3]

I suggest your fiance interview at the Embassy in Qatar. The US Embassy there has less volume of such applications and her case will be processed faster than it would be from Manila.

[Cori and Rob 55]

Both the K-1 and IR1-CR1 visas can take 8-12 months before a visa is in hand. If you applied today, she'd maybe, MAYBE get an approval from the initial adjudication by January-February, but the case will still need to go through the NVC and she will still need to have an interview after that. I think May-June would be a more realistic projection of when she could get here. Check out the immigration timelines above to see how long cases are averaging these days. As for K-1 vs. IR1-CR1, they both have their benefits/shortcomings. If you go the fiance visa route, she will have to adjust her status upon getting married to you (which must happen within 90 days of her entry in the US). For the spousal visa, she'll get her green card relatively soon after arrival, and if I'm not mistaken, it does take slightly longer than the K-1 (I'm sure I will be corrected if I'm wrong).

[barbara360 6]

it would have been ideal for all of us who filed CR-1 to have our spouse come live with us here in the US during this process but unfortunately that is not the way this works. You both have to be realistic and ready to play the waiting game apart. You do not want to risk it. The time will be torture but in the end worth it to do it all via the proper channels.

good luck!

[Ryan H 3,812]

AOS from other visa categories (including B2) is possible provided you are able to overcome the presumption of prior intent to marry for immigration purposes. Approval is on a case to case basis. It depends on the circumstances and if you are intending to go this route, I suggest you think twice as a denial due to fraud and/or misrepresentation could cost you a 10 year ban.

The statement in bold is not correct. An AOS applicant does not have to overcome presumption of prior intent, the burden of proof is on the Government to show Material Misrepresentation. The penalty for the statement that I put in bold and red would not be a 10 year ban, it would be a permanent ban with no waiver.

Keep in mind that AOS from a tourist visa unsuccessfully will, in worst case, carry a 10-yr US entry ban.

The worst case scenario would be if the denial was due to Material Misrepresentation, the penalty is a permanent ban with no waiver.

Otherwise, it's illegal, and a heavy gamble to take (with 10 yr possible ban).

The ban possibility that you mention would be a permanent ban with no waiver.

[Andrea&Henry 311]

persuing the k3 its basically senseless cause is obsolete since a few years ago. The k1 visa used to be the quickest way but if you are planning to get marry in the US and then go back, she doesnt qualified anymore (the k1 visa is just for SINGLE fiance of an US citizen) she must remain single until her arrival and you have 90 days to get married. If you want to get married and then have her come back to her country, file for the cr1.

Its true, a lot of people adjust from tourist visa cause they didn't have the "intention to stay" when they arrived. For me, that's pure B#### S### in most of the cases, and people still get away with it. But at least you were honest and you are trying to do the right thing. If I were you I wouldn't risk her future status here in the US, cause getting married and then come back means that she needs to lie to enter again. I highly doubt she would say at the POE "I got marry and Im coming back to stay and adjust my status" cause thats very very wrong.

So, now that you have your answer and the guides I hope you take the best decision for both! good luck

[Operator 1,927]

OP try to filter out the noise of those with their undergarments all twisted, sometimes people try to respond without actually reading the question.

You seem now to understand the basic requirements.

She can continue to visit you while processing is underway whether you go the K-1 or CR-1 route, albeit with some additional risk of being denied entry. After you do some more research you will see that your timeframe will need to be adjusted somewhat.

Good luck!

[Ivy. 113]

If she attempts to enter the US after the marriage she will be asked upon inspection about her intention for visiting. If she does not reveal that you are married and that she intends to stay upon her entry then YES it is fraud. On the other hand, if she discloses these facts to the immigration officer, I doubt she will be even allowed entry in the US even with a valid visa.

Why? I was allowed to enter the US three times after the marriage to USC. Only now (literally now as I am posting this from Dulles Airport) do I have NOA 1 to show. Nobody asked me about it, so I did not show it to anyone.

B-1/B-2 visa, I always enter as B-2.

[Ontarkie 14,226]

~~~~One post removed and others quoting said post removed - If you cannot answer the question(s) asked appropriately do not post at all.~~~~

[del-2-5-2014 1,339]

OP you are missing the point entirely... Regardless of if she is coming in her NEXT vist or the visit after that or the visit after that or so on and so forth... She CANNOT enter the USA on a tourist visa withy he intent to stay in the USA... This is playing with fire. The AOS process you keep referring to is a loophole in the law which allows a citizen to spontaneously marry someone who is visiting on a tourist visa (who arrived without prior intent to marry and adjust status) to stay and adjust status.

If there was an easy button where your foreign spouse could just wait it out here in the USA with you without the inconvenience of waiting apart, well, there would be little need for this forum. What you are proposing is illegal, clear and simple and will carry a ban. Once you marry, she goes back to her job, she can come visit you (be sure to provide proof of ties to her country that she resides in so they don't think she is intending to stay) as much as she wants, but it is up to the immigration to let her in or not... Then... She will niter view and receive the visa in the country she resides in...

This.