Getting married in USA with US citizen - which visa?

[ivettkkaa 0]

Hello everyone, I was reading many of the comments here and it really helped me to understand some of the issues with the immigration procedure in the USA. I would like to ask about my situation and if someone has similar experience I would be very grateful for your advice.

Me (citizen of the Czech Republic) and my fiancé (US citizen) are deciding what is the best way to get married and to do all the paperwork regarding the immigration law and which visa would fit our situation the best.

• We have been dating for 2 and a half years now and we just got engaged this past summer.
• I work on a cruise ship at the moment.
• My fiance is in the USA and we are thinking of getting married this summer 2014 if possible.
• If we wanted to get married this sumer do you think it is possible to arrange all necessary documents for it? Providing that we would get married on a B1/B2 visa and then I would leave the country before my tourist visa ends (6 month period)?
• If we get married in USA on B1/B2 tourist visa this summer, I would have to leave his country and then apply for the immigration (CR1) or spouse (K3) visa at the embassy in the Czech Republic, right?
• Would that prevent me from travelling from my country and continue work on a cruise ship?
• If we get married in the state of Missouri, where he lives, what documents do I need from my country? Do we need to apply for a marriage license in the state where we are going to get married?
• I am aware that if I get married on B1/B2 visa in the USA I will have to leave, but is there any other way how legally enter the USA, get married there and stay there and apply for the adjustment of status? AOS what I understand is only for people who decide to get married spontaneously and if we planned the wedding before it would be a violation of the law?
• We want to make sure we do everything legally so we don’t get in any trouble with the immigration officers.
• Is there a way for me to stay in the USA with my fiancé and get a temporary work permission before we get married - provided that we would get married next year?
• If I file for K1 or Spouse visa, can I travel from my country and can I still work on a cruise ship and visit USA as one of the ports of call without any problems with the immigration office?
• I currently hold B1/B2 and C1/D visa..
• If we get married on tourist visa and then I leave and work on a ship, can I still keep visiting my husband without problems at the immigration?
• Can I stay with my fiance in the USA up to 6 months on my B1/B2 visa if I am not working there?
• If I do and then go back home for couple of weeks, will they let me enter the USA to spend another 6 months with him again or will that be a problem? I have been to USA many times and never exceeded my stay..
• Can I be in the USA as a visitor and meanwhile apply for a fiancé visa there?
• Is it better to apply for K1 visa, if I am still working on a ship? If he applies for me in his country and I apply in my country, can I still go and work on a ship for 6 months and once the process is ready and they invite me to the interview at the US Embassy in Prague, would I be able to finish the application?

We are not rushing to get married, but we just want to find the way how we can be together, since now we are forced to be separated.. :(Can someone please give us advice what do you think would be the best option for us to be able to do the process of the visa without being separated for more than 6 months? Thank you in advance!

[Tim/Mav 305]

I feel for you and the Separation. The are Pro and Cons to this. Understand your post Includes INTENT. I would ask a Moderator to delete this.

Some of your thoughts are OK but you posted Intent.

Many wait. You can too.

[lost_at_sea 995]

Hi! Welcome!

I think you basically understand the two main options, but in case you'd like to review the pros and cons of each, there's a comparison chart here: http://www.visajourney.com/content/compare

Basically, it's fastest but more expensive and can't work/travel for a while (K1) versus cheaper with immediate ability to work/travel but takes longer to get (CR-1). You'll still be able to use your tourist visa while either process is pending, but you won't be able to live in the USA and move their permanently, legally, until you have either of those visas in hand.

If working on the ship is the most important thing to you after you've obtained a visa, then the CR-1 may be the best route since you won't be restricted to staying in the USA for 3 or so months without work permissions.

[lost_at_sea 995]

Oh, I forgot to ask - where does your cruise ship go and for how long are you on it in one go? And you want to keep working on it after you've immigrated? Or were you planning on quitting once you moved?

Just want to be sure I understand the scenario!

Edited January 6, 2014 by lost_at_sea

[TBoneTX 45,308]

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum -- OP is seeking clarity on various paths. ***

[bettypentiér44 12]

Hello everyone, I was reading many of the comments here and it really helped me to understand some of the issues with the immigration procedure in the USA. I would like to ask about my situation and if someone has similar experience I would be very grateful for your advice.

Me (citizen of the Czech Republic) and my fiancé (US citizen) are deciding what is the best way to get married and to do all the paperwork regarding the immigration law and which visa would fit our situation the best.

• We have been dating for 2 and a half years now and we just got engaged this past summer.
• I work on a cruise ship at the moment.
• My fiance is in the USA and we are thinking of getting married this summer 2014 if possible.
• If we wanted to get married this sumer do you think it is possible to arrange all necessary documents for it? Providing that we would get married on a B1/B2 visa and then I would leave the country before my tourist visa ends (6 month period)? It is fine to get married on your visa as long as, like you clearly already know, you don't stay and apply for AOS.
• If we get married in USA on B1/B2 tourist visa this summer, I would have to leave his country and then apply for the immigration (CR1) or spouse (K3) visa at the embassy in the Czech Republic, right? Yes
• Would that prevent me from travelling from my country and continue work on a cruise ship? It shouldn't as you have a visa for your work and I'm sure I've read other posts where this isn't a problem, but it may be worth checking with your consultate/embassy or an immigration lawyer who knows for sure
• If we get married in the state of Missouri, where he lives, what documents do I need from my country? Do we need to apply for a marriage license in the state where we are going to get married? As far as I know you have to have a marriage license for the state in which you want to get married. Each states requirements are different, so I would just go on to a city council site based in Missouri and check what their requirements and fees are.
• I am aware that if I get married on B1/B2 visa in the USA I will have to leave, but is there any other way how legally enter the USA, get married there and stay there and apply for the adjustment of status? AOS what I understand is only for people who decide to get married spontaneously and if we planned the wedding before it would be a violation of the law? Correct - if you go there on your current visa, get married then apply for AOS you will have broken the law and can lead to serious consequences. It is seriously not worth the risk of doing it. While the legal way may be long, it is the right thing to do and will be worth it in the end!
• We want to make sure we do everything legally so we don’t get in any trouble with the immigration officers.
• Is there a way for me to stay in the USA with my fiancé and get a temporary work permission before we get married - provided that we would get married next year? As far as I know, there isn't. There are temporary work visas, but I think you have to have a job lined up already with an employer who will sponsor you and I think you will run in to the same issue of you having to leave after - especially if your intent was to get married all along!
• If I file for K1 or Spouse visa, can I travel from my country and can I still work on a cruise ship and visit USA as one of the ports of call without any problems with the immigration office? Again, from what I've read with other posts, since you have a visa for your work it shouldn't be an issue. Maybe check with your HR or legal department
• I currently hold B1/B2 and C1/D visa..
• If we get married on tourist visa and then I leave and work on a ship, can I still keep visiting my husband without problems at the immigration? You mean visit on a tourist visa? In theory it shouldn't be an issue, but if they find out at immigration you are married to an American you will probably make them suspicious. You would have to take a lot of evidence with you to prove that you are not trying to skirt the system and move there!
• Can I stay with my fiance in the USA up to 6 months on my B1/B2 visa if I am not working there? Again, in theory yes, but if you are questioned at immigration be prepared to prove evidence that you are planning on staying there permanently. Things like that throw up a lot of red flags in the eyes of immigration officials.
• If I do and then go back home for couple of weeks, will they let me enter the USA to spend another 6 months with him again or will that be a problem? I have been to USA many times and never exceeded my stay.. See above!
• Can I be in the USA as a visitor and meanwhile apply for a fiancé visa there? As long as you leave once the visa you entered on is up!
• Is it better to apply for K1 visa, if I am still working on a ship? If he applies for me in his country and I apply in my country, can I still go and work on a ship for 6 months and once the process is ready and they invite me to the interview at the US Embassy in Prague, would I be able to finish the application? Whilst there is paperwork from both of you in each country, you only apply for the visa in the USA - this is not something that is done in both countries. There should be no problem with this as long as you are able to send all the things you need send to the embassy in Prague, attend your medical there and attend the interview there.

We are not rushing to get married, but we just want to find the way how we can be together, since now we are forced to be separated.. :(Can someone please give us advice what do you think would be the best option for us to be able to do the process of the visa without being separated for more than 6 months? Thank you in advance! If you want to do this the legal way and not get in to trouble, then you will be apart. It's the nature of the beast. You can visit, but in all honesty I wouldn't advise you stay for 6 months at a time as I really think this will cause you issues. The process is long and difficult but is worth it in the end. The best thing to do it get started with it all now - the longer you wait the longer you will be apart!!

[christeen 966]

I have a bit of experience with crew member and immigration.. From what I seen. K1 can be problematic since it involves no work authorization until 90 days after entry to the USA and then the AOS process. But a big question is are you planning on continuing working as a crew member after marriage?

If yes, you plan to continue to work, then I might ask why you want the LPR status? You can still get married but not file for status. My husband was a crew member and we were married for 7 years without him ever applying for GC. He had the c1/d and used the VWP. He was only off for 2 months at a time so there was never a worry about overstaying his VWP and since he was foreign worker, was not required to pay or file USA taxes...

Once he was ready to get off the ships, while he was on a contract, we filed for the IR/CR 1 ... He finished his contract, visited on VWP then he went to Italy, interviewed, got the visa (which cancelled his C1/d) and came over and started working right away. Another issue to consider is if the cruise line (or edge cry you work for) has a policy (written or unwritten) about hiring GC holders... I know his cruise line did not like having GC holders due to the tax liability.

I have helped other crew members with immigration issues and the one that has caused issues the most is the K1 with regards to crew members. Mostly because it carries with it the need to AOS in the USA and leaving you in a sort of limbo status between k1, canx of other visas and waiting for EAD/ap

Just my 2 cents. Good luck