Fiancé Denied Entry at Border need advice

[Isamop 0]

Hello everyone,

My fiancé told agent at customs her intent to enter u.s. was to marry me and move there. We were unaware and naive about this and she did not have fiancé visa. She is now considered an attending immigrate and basically can't enter the states until we apply and get approved.

I have a few questions:

1. Can I marry her in France and skip this whole 8 month process and get her to the us a different faster way?

2. Do I have to be in the United States to file the I-129f petition and stay there until its approved? We are thinking we want to go to Bali or Belize to be together for 6-8 months while this is being processed and she is able to get her interview

Thank you for your advice

[p-ana 933]

1. Marrying her anywhere is ok. But it won't be a fast process to bring her to the us. The cr1 visa, that can be obtained filing a i130 petition first, takes around a year.

2. You have to intend to or have established domicile in the us, so I'd advise not to live elsewhere til you have your fiancé / wife here.

[soulstriker 274]

how was she entering the usa then ? on what type of visa?

[Pinkrlion 2,724]

If you marry, it is not a 129f that you file. You can file the 129f and be out of the country during the process, but how will you be able to prove your income, employment, and domicile in the US.

Also, if you are planning to live in another country, other than her home country, you will need to find out if a police certificate will be required from that country to process your petition.

Regardless of what petition you file, it will take one year for your fiance to get to the US

[Isamop 0]

how was she entering the usa then ? on what type of visa?

She has her toursist visa. I researched a lot and everyone said if you are in the same country you can get married and fill out the forms together there. That was the plan but didn't know the rules or correct way of saying things at the border.

[KayDeeCee 4,893]

If you marry, you will file for a spousal visa, and start with the I-130 petition. It takes about a year.

If you wait to marry in the US and file for a fiance(e) visa, then you can be anywhere you like while waiting. However, you will need to be able to receive your mail to get the USCIS notifications, and it may not take 6-8 months for her to get an interview. You would just have to wait and see how long it takes, and be able to leave as soon as the I-129F petition is approved so she can get her medical and attend the interview. You will need to provide an I-134 to show you meet the income requirement, so while out of the US that long, will you still be working remotely?

~ Moved from K-1 Progress to What Visa Do I Need - OP still deciding on immigration path~

[Isamop 0]

If you marry, it is not a 129f that you file. You can file the 129f and be out of the country during the process, but how will you be able to prove your income, employment, and domicile in the US.

Also, if you are planning to live in another country, other than her home country, you will need to find out if a police certificate will be required from that country to process your petition.

Regardless of what petition you file, it will take one year for your fiance to get to the US

I am going to process it in the us. My mother is going to join sponsor me for income requirements. I work from home with my business and can do this anywhere with email and phone so I will still be getting deposits into my bank account. I was thinking we write a letter that we didn't want to be separated during this process and had a opportunity to live in another country for the time being. What do you think?

[Isamop 0]

If you marry, you will file for a spousal visa, and start with the I-130 petition. It takes about a year.

If you wait to marry in the US and file for a fiance(e) visa, then you can be anywhere you like while waiting. However, you will need to be able to receive your mail to get the USCIS notifications, and it may not take 6-8 months for her to get an interview. You would just have to wait and see how long it takes, and be able to leave as soon as the I-129F petition is approved so she can get her medical and attend the interview. You will need to provide an I-134 to show you meet the income requirement, so while out of the US that long, will you still be working remotely?

~ Moved from K-1 Progress to What Visa Do I Need - OP still deciding on immigration path~

My mom is joint sponsoring me. I do have my own business and work part time. I will be able to make money from another country and show proof of deposits in my bank account where we plan on living. The plan was for her to go to France and me to the US adapt when it wa a approved and her to go to interview and medicos exam. From what I read it seems like it takes 4 months for it to get that far in the process.

[Pinkrlion 2,724]

I am going to process it in the us. My mother is going to join sponsor me for income requirements. I work from home with my business and can do this anywhere with email and phone so I will still be getting deposits into my bank account. I was thinking we write a letter that we didn't want to be separated during this process and had a opportunity to live in another country for the time being. What do you think?

Read this info. https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

[awaywego 28]

If you marry and take the spousal visa route: It generally doesn't matter where you're living, so long as you address domicile when it's time for the I-864. If living inside the US, this is not an issue. If living outside of the US, you'd either show that you maintained US domicile or that you intend to reestablish no later than when the intending immigrant enters. (Some consulates are more strict than others.) If you want to look into this, the I-864 instructions has a section on "domicile," as do the NVC FAQ page on the State Department's website and the NVC Process Wiki on here.

(I don't know the requirements for the fiancee visa route, sorry, so someone else will have to address that.)

[JFH 12,190]

I was thinking we write a letter that we didn't want to be separated during this process and had a opportunity to live in another country for the time being. What do you think?

Write whatever you want. USCIS doesn't care that you don't want to be separated. Many of us here have managed it for a long time.

Did she have a visa or was she using the visa waiver program (the majority of French citizens would enter using the latter)? Either way, she broke the rules. Whilst it is possible to adjust to resident from tourist due to marriage to a US citizen whilst in the country, it is illegal to have this intention upon arrival. Bad move but too late now.

Either way, it's not going to be a quick process. That's why we are all here. Read the guides carefully and follow the correct steps and you'll be fine. It's not going to be easy or enjoyable. But it will be worth it.

Edited June 12, 2016 by JFH

[NikLR 13,227]

Lol @ say the correct thing at the border... She did say the correct thing and was correctly denied entry.

K1 is faster to visa if you're looking to be together faster.

How are you going to support a family if you don't make the poverty guidelines? Just a thought for you to ponder.

Also please read the comparison chart and the guides to get a real idea of what is involved in both processes. The K1 journey doesnt stop at entry to the USA with the visa.

[caliliving 606]

You have 2 choices

1) apply for K1 - cme here and she gets married within 90 days - about 6 months - then you are here and file for greencard and that takes 6 more months-ish after you file the paperwork

2 get married outside of the USA (anywhere really) and )apply for CR1 about a year (but she has a greencard when she enters)

Nothing to do with immigraiton is ideal or what we want.. everyone has had to make a sacrifice one way or another