I don't know what to do with my hands...(Wanting to marry gf, return home, come back at a later date)

[h4773r 2]

So I have absolutely no idea where to start. I guess a summary...

- Met on a VERY random happenstance in Australia

- Been with my gf since the 2nd of June (not long I know, but when you know you know)

- Me: 29 in Australia

- Her: 25 Currently in Afghanistan working with the USO (Lives in the states outside of this obviously)

- We'll both be travelling to Hawaii in September for a few weeks

- We both know we want to be with each other. no doubt about that.

Basically what we'd like to do (since she's still in Afghanistan until April next year)

- Get secretly married in September in Hawaii

- Vacation, be awesome

- Hate life while we head home

- Begin the process of getting me to the states, ideally around the time she finishes up her contract and heads over.

I realise this is a pipe dream and not probable due to the time it takes to process applications. I've read a bunch of different visas but I just don't know what the quickest way to accomplish this is. Currently I'm travelling to the states on a holiday visa which I hear is a terrible no no since the marriage wouldn't be spur of the moment...would it?!.

What are my options...?? I'm getting a little overwhelmed by all the information.

Edited August 26, 2014 by h4773r

[mtempelaar 190]

My husband flew here to North Carolina for a long weekend, we married and he immediately left to go back to the Netherlands the next day. Once he was gone I filed for the CR-1 spouse visa. This was per the advice of my lawyer. If you intend to stay in the US after the wedding it's immigration fraud, if you leave and then file it's not. The key though is when you are going through customs, be careful what you say as you don't want to lie to them, but you also don't want to say you are getting married.

[h4773r 2]

My husband flew here to North Carolina for a long weekend, we married and he immediately left to go back to the Netherlands the next day. Once he was gone I filed for the CR-1 spouse visa. This was per the advice of my lawyer. If you intend to stay in the US after the wedding it's immigration fraud, if you leave and then file it's not. The key though is when you are going through customs, be careful what you say as you don't want to lie to them, but you also don't want to say you are getting married.

well no I don't intend to stay after the wedding, except for the 3 week holiday I had planned...would that still be classed as fraud?

Did he come over on a holiday VISA?...that's one of the things that is worrying me atm, what eactly is classed as unintentional.

How long until he was able to come back?

Edited August 26, 2014 by h4773r

[mtempelaar 190]

My husband came over for 5 days under the Visa Waiver Program. I would think you would also be coming in with that as well as Australia is covered under the VWP.

Just leave the country exactly as planned and don't file for any spouse visa until you have left the US. I am going to quote my lawyer's email for you here, keeping in mind I am the USC and spouse is not:

"As long as your spouse leaves after getting married in the US, and applies for the immigrant visa outside the US, then there is no presumption of immigration fraud. Immigration fraud issues arise when a person enters the country on a non-immigrant visa (such as a tourist visa or visa waiver), knowing they are going to remain in the US and apply for a green card. You can’t come into the US on a non-immigrant visa, when you know you are not going to leave and have immigrant intent. But if he leaves after marriage, then no such issue arises."

Once he left he has not come back and will not until we get the visa. I leave the US to see him. Technically he might be able to come back but we are not willing to risk at this time as he cannot prove ties to the Netherlands (unemployed). See the sticky thread in the CR-1 forum about visiting under CR-1 processing.

Edited August 26, 2014 by mtempelaar

[N-o-l-a 7,167]

This all seems very doable except maybe the contract end date coinciding with the you immigrating date. The process might take a while, but hey, it is all worth it in the end, isn't it?

Have you also considered doing a K1 fiancé visa which you could file now? This way you would get married in the US when she returns from her contract. It seems it would be more likely for you to meet that deadline rather than a spouse visa with current processing times.

[h4773r 2]

This all seems very doable except maybe the contract end date coinciding with the you immigrating date. The process might take a while, but hey, it is all worth it in the end, isn't it?

Have you also considered doing a K1 fiancé visa which you could file now? This way you would get married in the US when she returns from her contract. It seems it would be more likely for you to meet that deadline rather than a spouse visa with current processing times.

Definitely worth the wait that's for sure, we're both just impatient in that regard I guess haha

The K1 has also been considered (much to the dismay of us both) - Would it be best to wait until I return from the states in October before filing the I-129F?

[N-o-l-a 7,167]

Definitely worth the wait that's for sure, we're both just impatient in that regard I guess haha

The K1 has also been considered (much to the dismay of us both) - Would it be best to wait until I return from the states in October before filing the I-129F?

No, it doesn't matter when you file as long as you've met in the last 2 years. If you are in the US now, know that it is common to file while the foreign fiancé is in the States (we did with our original I-129F and had only known each other 5 months).

Only you know which one will be best for you. The K1 can take as little as 4 months, but when processing changes or depending on which service center, you could end up with 9 months. The CR1s can take let's say 6+ months, but lately have been 9+ months.

The thing is that you can't predict the processing times of the future or what USCIS will do with its service centers, so it is best to just pick the one that works best for you. Be aware that with a K1, the immigrant can't work or travel right away. EAD/AP usually come in 60-90 days, but a lot of couples seem to struggle with that time period.

[mtempelaar 190]

The one risk with the K-1 is that if it only takes 4 months, you only have 90 days to marry once you receive. If she's still in Afghanistan at that time you won't meet the expiration date. Timing is key here.

[N-o-l-a 7,167]

The one risk with the K-1 is that if it only takes 4 months, you only have 90 days to marry once you receive. If she's still in Afghanistan at that time you won't meet the expiration date. Timing is key here.

No, it is 90 days to marry once you enter the US not upon receiving the visa, so it would technically still work. You can also slow up the process in other ways if it going too quickly.

[h4773r 2]

Say hypothetically we went with the CR1 (completely off topic btw)

I would be applying for work basically the entire time, at what point would I be able to choose the option (which I've noticed on a lot of job application sites) "Able to work in the US" - Would I have to submit a different form before I start looking? is that possible?

Sorry for so many questions, I just prefer to get advice from people who have/are going through this process. You've all been a huge help so far!

[kehills 217]

The one risk with the K-1 is that if it only takes 4 months, you only have 90 days to marry once you receive. If she's still in Afghanistan at that time you won't meet the expiration date. Timing is key here.

False. From Oz, it's 6 months to use the K-1 after the medical, which is generally about 2 weeks before the VISA is issued. And Sydney Consulate is quite fine with waiting, if necessary, for an additional four months, for scheduling the interview. The petitioner merely needs to submit an additional statement of intent to marry (preferably notarized). Experience talking on this one. (So on basic maths, it's completely possible to get yourself almost an additional 10 months if you really wanted to.)

Say hypothetically we went with the CR1 (completely off topic btw)

I would be applying for work basically the entire time, at what point would I be able to choose the option (which I've noticed on a lot of job application sites) "Able to work in the US" - Would I have to submit a different form before I start looking? is that possible?

Sorry for so many questions, I just prefer to get advice from people who have/are going through this process. You've all been a huge help so far!

AFAIK, after you have entered the United States. (Your green card is not granted til you enter the country.) If you go the K-1 route, after you have received your EAD, which right now is running about 80 days after filing to adjust status.

Couple of things you should also be aware of: there are not a lot of doctors who'll do the exams floating around Oz, and they're expensive. You will also need to budget going to Sydney for your interview, if you're not already there.

Does your fiancé make enough money to support you through the application process? Does she still have established residence here, etc? (Have you read through all the guides at the top, including the "which should we do" flowchart o'options?)

Edited August 26, 2014 by kehills

[mtempelaar 190]

No, it is 90 days to marry once you enter the US not upon receiving the visa, so it would technically still work. You can also slow up the process in other ways if it going too quickly.

Yup...you are right. My bad

[mtempelaar 190]

False. From Oz, it's 6 months to use the K-1 after the medical, which is generally about 2 weeks before the VISA is issued. And Sydney Consulate is quite fine with waiting, if necessary, for an additional four months, for scheduling the interview. The petitioner merely needs to submit an additional statement of intent to marry (preferably notarized). Experience talking on this one. (So on basic maths, it's completely possible to get yourself almost an additional 10 months if you really wanted to.)

AFAIK, after you have entered the United States. (Your green card is not granted til you enter the country.) If you go the K-1 route, after you have received your EAD, which right now is running about 80 days after filing to adjust status.

Couple of things you should also be aware of: there are not a lot of doctors who'll do the exams floating around Oz, and they're expensive. You will also need to budget going to Sydney for your interview, if you're not already there.

Does your fiancé make enough money to support you through the application process? Does she still have established residence here, etc? (Have you read through all the guides at the top, including the "which should we do" flowchart o'options?)

For CR-1 side of things you enter the US and upon entry CBP will stamp your passport, thereby giving you a temporary green card essentially, but you would still need to obtain a social security card which would take a couple of weeks once you go and apply for it.

On your first day of work at any company in the US, regardless of CR-1 or K-1 visa, you are going to be required to fill out the I-9 Employment Eligibility Verification form (US citizens have to do this as well). One of the big items is the social security number. As soon as you have that and a temp green card I believe you are good to go.

http://www.uscis.gov/sites/default/files/files/form/i-9.pdf

I recommend reading the flows from the K-1 and CR-1 Guides on this site, looking at timelines and the pros and cons for each. Nutshell for me with hubby and I were deciding: CR-1 takes longer but you arrive with a green card immediately. K-1 gets you together quicker but you have to wait 60-90 days for Employment Authorization after you marry. Deciding factor for my hubby and I were the finances...we decided that financially it was better for us to wait a bit longer and have him be able to work as quickly as possible upon arrival. But that's just us. Every couple has different needs.

[nobbie 105]

nothing wrong with getting married as you suggest and going the CR1 route, it's not fraud, loads of people go to the US and get married, to be legal you will need to leave and then file CR1. K1 time varies, mine took about 10 months from filing to arrival.

In many way I wish I had got married in Uk then filed CR1 as I would have had GC more or less straightaway, thats the main advantage of CR 1 as I see it. SS number is a week or 2, no big issue there.

[Operator 1,927]

I want to know what "Secretly Married" means.