Weird Situation, I'd like to know my options

[kmids 10]

My fiance and I plan to send in our K-1 application next month. We've known each other for a year, been together 7 months, and I honestly have zero doubts. She has met my mom (no dad) and my mother approves completely. While we will marry legally as soon as possible, the wedding won't be until Dec 2016.

Me

Age: 28

USC

Good job - 64k/yr

I work in Contracts for a Aerospace engineering company with DoD contracts. While I don't currently have Secret/TS clearance, it's likely that I will be requesting this in the near future.

San Diego, CA

Fiance

Age: 28

Nationality: France

Degree: Film Post Production

Current location: Vancouver, Canada on VISA expiring July 2016.

Current Occupation: Cook, as she's not allowed to pursue a job in her field due to VISA restriction.

Situation: Before she met me she was going to apply for permanent residency in Canada. She has met all requirements now she just has to pay the money and get it so she can get a job in her field. We quickly realized that this was serious and that given my job she would have to move to the US not have me move to Canada. Instead of paying the money we are now pursuing the K-1 visa. Since we started dating we've seen each other once a month for 4-5 days at a time. She still has her French bank account and her family there but nothing else.

Catalyst: Something unfortunate happened at work where she was made to be the scapegoat of the situation. Her current fate seems favorable since she's been a good worker for a long time but we'd like to prepare for worst case scenario. That employer is the only one allowed under her VISA and if she quits or if she's fired then she has to go back to France.

Please tell me the validity of these options.

Option 1 (ideal result) - She stays at her job until 5 months when she received her K1 visa. She gives 2 weeks notice and moves to the US. We get married. Paperwork, happiness, stuff.

Option 2 - We file for K-1 next week. She finds out she has to leave. She goes back to France and spends some months with her family and part time employment. Then she comes here once the visa is issued.

Option 3 (ideal result for worst case scenario) - We file for K-1 Visa next week. She finds out she cannot stay at her job (soon-ish). She has 3.5k in savings, so she stays in Vancouver to close things up. We apply for her to get a tourist visa so she can visit with me. If her visa expires before we get the K1 visa, she goes visit her dad in France until K1 visa received. Her dad is very sick so it would be a nice option. If visa does not expire we simply use K-1 Visa and get married then begin the process. Do you think she would get tourist visa? Do address changes matter with k-1 visa? We plan to do everything legally since she's thinking of going to Grad school next September and will require a SSN to attend school.

Side Questions

If all goes well and she's in Vancouver, does she go to a French consulate there for interviews?

Given that we don't have a long history together will that be a reason to slow down our VISA process? Is there anything extra I can provide to preemptively quell any concerns my situation might cause?

[TBoneTX 45,324]

Welcome to the forum.

Precise terminology is important. The filing of the I-129F petition is first; upon its approval, the visa application can be made.

Take care not to presume the granting of a visa, tourist or fiancee.

[Ash.1101 1,756]

Option one, the current turn over time from filing I-129F to Interview is between five and seven months. That doesn't include post interview processing. So make sure she can actually stay that long.

On option two, if she goes back to France you will need to change her interview location. She will have her interview where ever she is currently residing OUTSIDE of the US.

Also the same on option three. The interview will be SOMEWHERE outside the US, where ever she's located at. If she's forced to move, you will have to change the interview location. All interviews are held at US consulates/Embassys and ONLY US ones.

She can NOT recieve a K1 visa while inside of the US. She has to leave to do the interview in what ever country she is residing in, they will take her passport at the interview, and she won't get it back until it's issued. Once she has the passport back THEN she can come into the US and has 90 days to marry you. So she can't just stay on a visitor and then get approved for a K1 without leaving the country. She'll need to be present at the interview or her application for the visa is denied for no show.


If she is in Vancouver at the time of her interview (when she goes to schedule it), then she will have her interview at the US Embassy in Vancouver.

If she is in France at the time of her interview (or when her interview would be), then she will have her interview at the US Embassy in France.

To get a visitor visa, she would need to show that she has no plans to stay in the states on that visitor visa. She would need to prove strong ties to which ever country she's currently living in, which might be hard in her case if she has to leave Canada.

Don't expect a K1, don't expect a visitor visa. There have been situations where people have had perfectly smooth rides only to find out the consulate lost their passport, there have even been people who's had their passport stolen along with other goods after getting the visa back after issuance.

And yes, first you file for the I-129F and then once that's approved, that is what allows your fiance to apply for a visa and have her interview.

Edited December 2, 2015 by Ash.1101