US citizen (me) living abroad marrying GF, fastest work permit for her?

[estebanlars 0]

Hi, first of all thank you in advance for your help.

 

Me and my girlfriend are planning on getting married. I am 28 year old US citizen, born there, but I have lived most of my life in Argentina and she is Argentine. In July/August me and my girlfriend intend to move to the US. I am going to study there and we will need an extra income. Can you help me find the quickest way for her to get a work permit (if she can work we don't mind if the greencard takes longer) and what forms do we need to present? Should we marry in the US, in Argentina, should she apply for the fiance visa and marry in the states? I've seen there are several options around but we would like to know which one is the quickest.

 

Thanks!

[Becci391 339]

With the K1 visa, you can get married in the US and she can stay here. After you got married, she has to apply for the Green Card, the Advanced Parole and the Work Permit. She cannot work until the work permit was issued. As of right now it can take 3 to 4 months until she will receive the permit. The processing time for K1 can be anywhere from 5 to 8 months, sometimes longer.

 

 

You can get married in Argentina and file for CR1 but your then wife has to stay in Argentina until the visa is issued. The Green Card will be send to her US address. But I heard that some people got the GC after 4 weeks they moved to the US, other had to wait a little longer. In some cases they have to wait up to a year. She can visit you in the US but she has to proof strong ties to the officer that she will go back after her visit. Strong ties can be a work contract, apartment lease and bank account. Even if she can provide all those things, it is not said that she can enter the states. An officer at the airport decides whether or not she might be allowed to enter.

[KULtoATL 1,551]

Since you said you have lived most of your life in Argentina, you probably need to prove your domicile in the US 

[estebanlars 0]

Thank you very much to both of you! If I file for the K1 visa now, when will she be able to enter the United States? (she already has a tourist though, maybe that is enough without generating inconveniences). Another question, if I dont have a domicile in the US, how should i proceed?

 

Thanks again!

[Penguin_ie 5,993]

K1 takes 5-8 months. 

Do NOT use the tourist visa for her to enter the USA and stay, that would be visa fraud, illegal, and could lead to a lifetime ban.  She can however use the tourist visa to visit you if you move ahead.

 

You will need to show that you intend to establish domicile at the same time she moves, or before. It may be a good idea for you, either alone or with her, to visit the USA and establish some ties; get registered to vote, get a drivers license, look for a home to buy/ rent, sign up with some job agencies etc.

[Umka36 781]

Honestly, there is no quick route for your girlfriend (future wife) to live permanently in the US based on your timeline of July/August. Even if she were to do the visiting route it does not allow her work authorization, and as mentioned before she cannot use it to come to the US to reside permanently.

 

Unfortunately, it look like Argentina does not offer the DCF route. If you need her to work immediately, then the CR1 would be the better option. She would have to wait roughly 1 year before she is issued the visa.

 

 

[estebanlars 0]

Thanks for all the answers!

 

One more question? If we start the K1, and she already has a tourist visa, can she get in and out the US while we are waiting for the K1 visa? (does the same principle apply for the CR1 visa?)

[Ryan H 3,812]

1 minute ago, estebanlars said:

Thanks for all the answers!

 

One more question? If we start the K1, and she already has a tourist visa, can she get in and out the US while we are waiting for the K1 visa? (does the same principle apply for the CR1 visa?)

 

She can come visit; however, there is no guarantee that she will be admitted to the US by CBP.

[Becci391 339]

18 minutes ago, Ryan H said:

 

She can come visit; however, there is no guarantee that she will be admitted to the US by CBP.

She needs to proof strong ties like having a job or an apartment. She should make copies of everything, including a statement from her employer.

 

[estebanlars 0]

Thanks, do you think that a copy of the rent contract might help??

[Becci391 339]

14 hours ago, estebanlars said:

Thanks, do you think that a copy of the rent contract might help??

Definitely.

She should also ask her employer to write a letter saying that she will still work there when she returns back home.

[estebanlars 0]

7 minutes ago, Becci391 said:

Definitely.

She should also ask her employer to write a letter saying that she will still work there when she returns back home.

Thanks! I guess a return flight ticket is a must?

[Becci391 339]

11 minutes ago, estebanlars said:

Thanks! I guess a return flight ticket is a must?

Yes.

She always needs a return ticket even when the visa is in her passport. A visa doesn't make it easier for her to get entrance to the US.