Fiancee Has Tourist Visa - Should we marry in US or abroad

[Analog4Life 0]

My Fiancee is Colombian and she and her daughter have US travel visas valid to stay for up to 6 months. We are currently living in Colombia and would like to begin the process of moving together to the US.

Ideally, we would like to marry here in Colombia, then travel to the US together, and then put in our papers.

From what I understand, we can file a I-485 once they are here and they will be allowed to stay in the country while the application is in process.

Can anyone confirm if this is the case?

Is it different if we decide to marry in Colombia or marry in the US?

[ricnally 258]

No, you won't be able to do that. Check the Guides here and look at the "which visa?" part. Since you're in her country now, maybe you can do Direct Consular Filing.

[Merrytooth 5,748]

It is illegal to use a tourist visa to immigrate.

The proper way is to either file a K1 (fiance visa) or CR1 (spousal visa).

[Merrytooth 5,748]

According to the US Embassy in Bogotá FAQ website, DCF is no longer available in Colombia:

Can I file a petition for my family member or fiancé at the U.S. Embassy in Bogota?

No, direct consular filing is not available at this embassy.

[Pitaya 2,577]

~Moved from K-1 Process to Which Visa Do I Need-Family Based Immigration Forum~

[Analog4Life 0]

Thanks everyone for your input. That is sobering.

So is there any point to doing the fiancee visa if they already have a tourist visa?

Should we just go ahead and move forward with the CR1 process as soon as we are married?

Is there any difference to marrying in the US vs. Marrying in Colombia?

[Merrytooth 5,748]

http://www.visajourney.com/content/k1guide

http://www.visajourney.com/content/i130guide1

See this to compare K1 vs CR1 (K3 is obsolete)

http://www.visajourney.com/content/compare

CR1 is cheaper in the total cost.

You could marry in Colombia and then file for the CR1 spousal visa with a petition (CR2) also for your step-daughter.

Please note that you need to be domiciled in the US to be able to sponsor your wife/step-daughter, the I-864 affidavit of support.

Poverty guideline: http://www.uscis.gov/files/form/i-864p.pdf

How to prove domicile:

http://travel.state.gov/visa/immigrants/info/info_3183.html#3

Since they already have tourist visa, they could visit you during the visa process:

See this thread:

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

It applies to people on the spouse visa path too.

[Analog4Life 0]

Hi All

After reviewing a lot of information, it seems like the fiancee visa would likely be the fastest and best route for us.

My question is, how does this work with my girlfriend's 11 year old daughter? My girlfriend has voluntary sole custody and has permission from the father to leave the country with the daughter at her own discretion.

Can I include the daughter in my submission for the fiancee visa and get a visa for the two of them simultaneously?

Or will we have to put in an application for her papers after we have received the fiancee visa and married in the US?

[Harpa Timsah 13,258]

The kid gets a K-2 visa. They go on the same I-129F petition. It is simultaneous, yes (unless you chose a different option called follow-to-join).

[aaron2020 11,651]

Hi All

After reviewing a lot of information, it seems like the fiancee visa would likely be the fastest and best route for us.

My question is, how does this work with my girlfriend's 11 year old daughter? My girlfriend has voluntary sole custody and has permission from the father to leave the country with the daughter at her own discretion.

Can I include the daughter in my submission for the fiancee visa and get a visa for the two of them simultaneously?

Or will we have to put in an application for her papers after we have received the fiancee visa and married in the US?

The fiancée visa is not faster than the CR-1. Even if it is faster, is immigrating a month or two earlier worth the expense of adjusting their status and the 2-3 months where she can't work or leave the US without abandoning the entire process?

With a spousal visa, she immediately get a green card when she enters. She can work. She can travel internationally.

You want to marry in Columbia, so why get a fiancée visa that requires her to marry in the US?

Edited August 30, 2013 by aaron2020

[slvrfx576 15]

My Fiancee is Colombian and she and her daughter have US travel visas valid to stay for up to 6 months. We are currently living in Colombia and would like to begin the process of moving together to the US.

Ideally, we would like to marry here in Colombia, then travel to the US together, and then put in our papers.

From what I understand, we can file a I-485 once they are here and they will be allowed to stay in the country while the application is in process.

Can anyone confirm if this is the case?

Is it different if we decide to marry in Colombia or marry in the US?

You have gotten some good advice here but there are some other factors which need to be addressed. In order to file for CR1, YOU, as the USC, need to have an established US domicile or verifiable plans to reestablish. Your post seems to indicate that you are in residence in Colombia at the present, so this is something that you will need to take care of. You also will eventually have to file an "Affidavit of Support" to demonstrate that you can financially take care of your family with income you will receive here in the US. If you are now in Colombia, how will you be able to do this ? Most do it by having a job in the US. You can't use your Colombian income unless it will continue while you are in the US. If you can not do this you must get a "co-sponsor" who is willing to financially sponsor your wife and her child.

The reason you can not use your wife's tourist visa to come here and then marry is because your intent is to immigrate on a non-immigrant visa. That can not be done...your intent is the key. If it were so easy there would be no need for this web site. We would all be happily with our spouses instead of being separated while undergoing the process.

[Analog4Life 0]

I'm currently in Colombia but I work remotely for a Canadian company.

Do you think it would help to have them give me a letter of job offer from my Canadian company saying they need me to be based in the US due to having an increasing number of US clients? (this is actually true, so they wouldn't be lying).

[aaron2020 11,651]

I'm currently in Colombia but I work remotely for a Canadian company.

Do you think it would help to have them give me a letter of job offer from my Canadian company saying they need me to be based in the US due to having an increasing number of US clients? (this is actually true, so they wouldn't be lying).

As long as your source of income will continue, then you can use it to satisfy the I-864 povertly line. A letter from your employer stating your income would continue would be helpful.

Remember to file your US tax returns. You will need your US tax returns for the last 3 years. This is also a requirment for the I-864 which is an absolute requirement for your family to get immigration visas.