wife of a us citizen...please help (merged)

[Teatrunk11 0]

Hey guys, Im sure there's a nice post about this somewhere but I, unfortunatley, could not find it. So heres the story:

I am a physician and a naturalized US citizen x 10yrs. My fiancee and I have been together for some time and we are looking to get married in April of 2016. She is an Indian citizen who has traveled aboard multiple times. Ideally, we would get married (basically a court wedding) in India where family is around and shortly after that we would like to start our lives together in the USA. orr if itll be easier to have her over here, we can attempt to get her a K-1 visa and have a court wedding here within 90 days of arrival.

Ill be flying back to India for a few days in December. At that time, im hoping to have all documentations ready to submit.

This is our biggest dilemma. K-1 visa or something else (if we get married in USA) - which ever one is easier/painless. Anyone have any thoughts on this?

thanks everyone

[Georgia16 2,858]

you can compare K-1 with CR-1 here and find the one best for you. But a marriage in April 2016 in USA is probably not going to happen.

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

Edited October 28, 2015 by Georgia16

[Kastrs 723]

Read the guides and determine which route is best for you

K1 is generally faster but it is more expensive and she will not be able to work right away

[Boiler 46,031]

Definitely not going to happen, wll 6 months would be a miracle.

If getting married in April is the most important issue than India and a CR1 it is, K1 would be quicker because you can start now.

[Penguin_ie 5,996]

***** two threads on the same question merged and moved to What Visa Do I Need forum *****

[Teatrunk11 0]

So Ive been reading and it seems like IR-1 is the best way to go about it because 1) we intend to wed in India April 2016 and 2) we would've been married for less than 2 years.

For the IR-1, Ill need to fill out Form I-130 - Petition for Alien relative. We are not married yet (so technically not a relative). How should I go about preparing and submitting documentation if I would like to try to get her here in April? Its okay if its gonna be later than april for her to come here. Just want to start the processes early as possible hoping itll go thru by april

thanks again for all your help guys

[Boiler 46,031]

CR1

Marry in April, file all the documentation and she should be here by the following April.

The guides are reasonably clear and I would not have thought you would have any issues doing it yourself. And you have plenty of time before anything happens to educate yourself.

Edited October 28, 2015 by Boiler

[SalSterling 10]

You mentioned 'My fiance' which means you are already engaged and if you have all the evidence that are needed to file K-1 then apply for K-1 now then there is a possibility if the process of K-1 continue to be fast as we are experiencing these days. I filed for K-1 on August 10, 2015 and our case is in the consulate and waiting for an interview so all this happened in last 2.5 months and hopefully visa will be in hand in another one month.

[*Snowdrop* 604]

If you marry in India you will have to do the spousal visa - CR1. This means your wife will not be able to start living with you in America for at least 8-12 months. Sometimes the process goes faster and sometimes it takes even longer than that.

There is no visa where you can marry outside the US and start living together in the US straight away. as you cannot file for the visa until after you are married.

If living together straight after marriage is more important than the wedding in India then file for the K1 now - no need to wait until December. You may be lucky and have it all complete by April but it might take a little longer.

Don't forget to make sure you are aware of all the extra steps you need to take to get the green card if you do the K1 once you are married and also to be aware of the rules for working and travelling outside the country before the greencard arrives.

[2ndMessiah 184]

You do know if you were married and she was visiting you in country, she can adjust status and stay.

Intent when passing through the CBP check at the airport might be sticky though.

Edited October 28, 2015 by 2ndMessiah

[Teatrunk11 0]

So i just got off the phone with USCIS. They say the best way for her to come back with me in April 2016 is to have her come here on a Temporary visa (usually tourist thats valid for 6 months) but as soon as she gets her file the I-130 petition form stating we are married. Once thats filed and the application status is in "pending" stage, she can stay in the USA even if the 6 months tourist visa expires and until the GC is issued. Any thoughts on this?

Dept of State will authorize the temp visa. How will it be to get past CBP upon arrival in the USA?

Thanks everyone

Edited October 28, 2015 by hrjnmanimd

[Penguin_ie 5,996]

**** It is illegal and visa fraud to enter the USA on a tourist/ temp visa with the intent of marrying and staying. This avenue of enquiry will end here, or this thread will be shut down. *****

[Jenvds 16]

So i just got off the phone with USCIS. They say the best way for her to come back with me in April 2016 is to have her come here on a Temporary visa (usually tourist thats valid for 6 months) but as soon as she gets her file the I-130 petition form stating we are married. Once thats filed and the application status is in "pending" stage, she can stay in the USA even if the 6 months tourist visa expires and until the GC is issued. Any thoughts on this?

Dept of State will authorize the temp visa. How will it be to get past CBP upon arrival in the USA?

Thanks everyone

I'm shocked if that's actually what a representative of USCIS said.

If it were that easy, thousands of US citizens wouldn't be going to sleep alone tonight missing their spouses. I am one of those.

If the rules have changed, I'd like to know that right away. I've been apart from my husband since March with only 2 short visits and no guarantee he will ever be allowed to enter the country I live in.

It's visa fraud to enter on a non-immigrant visa with the intent to immigrate. You can be banned from the US for trying it.

For your sasake, I hope you don't try, it's too big risk. It's the rest of your lives to consider. Be patient and do it the legal way. We all have to.

[Boiler 46,031]

So i just got off the phone with USCIS. They say the best way for her to come back with me in April 2016 is to have her come here on a Temporary visa (usually tourist thats valid for 6 months) but as soon as she gets her file the I-130 petition form stating we are married. Once thats filed and the application status is in "pending" stage, she can stay in the USA even if the 6 months tourist visa expires and until the GC is issued. Any thoughts on this?

Would you recommend one of your patients to take medical advice from a minimum wage tele operator?

Dept of State will authorize the temp visa.

How do you know they will?

How will it be to get past CBP upon arrival in the USA?

Seeking to immigrate on a non immigrant visa? With difficulty?

[gw68ad78 64]

I agree with an earlier post. If your goal is to be together in the states as soon as possible, educate yourself by reading the K1 guide and submit it ASAP. You might have a chance if the current timeline trends continue. Don't know what things will be like next year after the election if it's up to some folks.