Advice needed for new fiances

[azbob 37]

I met an amazing gal from Panama while she was visiting a friend on a tourist visa. We now want to get married.

 

She's been here a few times over the last 3 years but immigration gave her a difficult time while entering the US this last trip and shortened her stay from 60 days to 30 days. She's already back home and I'm heading to Panama next week to visit her. 

 

We haven't filed anything yet. We want to marry in Panama so her family can attend. I'm asuming that K3 is the way to go but we're worried that this process may prevent her from using her tourist visa. We plan to live in the states.

 

What would you recommend that we do?

 

 

[geowrian 22,337]

Congrats!

 

K-3 is obsolete. You would go for a CR-1 after marrying. Guide: http://www.visajourney.com/content/i130guide2

ETA: ~12-14 months

 

Option 2 is to marry in the US instead and do a K-1 visa. This is a little faster, but otherwise is worse (longer to get the green card due to AOS, much more expensive, can't work or travel abroad for several months, etc.). ETA: ~7-9 months.

 

You can visit during the process, but it does set a higher bar of intent to return home.

[TBoneTX 45,361]

Thread is moved from General Immigration Discussion to the "What Visa" forum.

[geowrian 22,337]

8 hours ago, geowrian said:

Option 2 is to marry in the US instead and do a K-1 visa.

Just wanted to clarify this a bit...the marriage would need to be in the US for a K-1 visa. But you would need to be and remain unmarried from filing through entry on the K-1 visa.

[azbob 37]

Ok we are doing the K1 and getting everthing ready to submit the petition. 

 

How difficult will it be for her to visit me in the US on her B1/B2 visa while we are waiting? Is it a matter of convincing the immigration officer that the purpose of this trip is visiting and that a K1 is in progress for immigrating later?  Has anyone else tried this or is it a bad idea?

[Dashinka 24,526]

21 hours ago, azbob said:

Ok we are doing the K1 and getting everthing ready to submit the petition. 

 

How difficult will it be for her to visit me in the US on her B1/B2 visa while we are waiting? Is it a matter of convincing the immigration officer that the purpose of this trip is visiting and that a K1 is in progress for immigrating later?  Has anyone else tried this or is it a bad idea?

If she already has a B1/B2 then I would suggest looking at the CR1 instead.  It is a superior visa in almost all ways.  Regardless of K1 or CR1, she can visit with her visitor visa, but she will need to show her ties to Panama each time she attempts to enter to prove that she is not planning to stay.

 

Good Luck!

[Lemonslice 4,859]

22 hours ago, azbob said:

Ok we are doing the K1 and getting everthing ready to submit the petition. 

 

How difficult will it be for her to visit me in the US on her B1/B2 visa while we are waiting? Is it a matter of convincing the immigration officer that the purpose of this trip is visiting and that a K1 is in progress for immigrating later?  Has anyone else tried this or is it a bad idea?

Please make sure she understands that with a K1 she will be unable to work and travel freely for a few months after you submit the AOS in the US (so, she arrives, you marry and submit the documents + a few months).  

[azbob 37]

On 12/16/2017 at 2:04 PM, Lemonslice said:

Please make sure she understands that with a K1 she will be unable to work and travel freely for a few months after you submit the AOS in the US (so, she arrives, you marry and submit the documents + a few months).  

Thank you for the info. Work won't be an issue for a while as she plans to continue studying. Travel won't be necessary for a few months but are advanced parole's still a thing? 

 

I'm mostly curious if anyone as successfully used their B1/B2 while a K1 was in progress and if it caused any problems. CR1 sounds nice but we can't file it until we are married. Her family would want us to wait until next fall anyway. So for us the K1 seems the best route.

[geowrian 22,337]

28 minutes ago, azbob said:

Work won't be an issue for a while as she plans to continue studying. Travel won't be necessary for a few months but are advanced parole's still a thing?

Keep in mind studying would likely be at international student rates (aka very expensive), and she won't qualify for the vast majority of aid so it would be out of pocket. The exact rules for determining if you are treated as an international student or domestic/local one vary by state and institution, so that's something to research.

AP is still a thing, but takes ~4-5 months after filing for AOS right now.

 

Quote

I'm mostly curious if anyone as successfully used their B1/B2 while a K1 was in progress and if it caused any problems. CR1 sounds nice but we can't file it until we are married. Her family would want us to wait until next fall anyway. So for us the K1 seems the best route.

Many people have and still do this. At the same time, it sets a higher bar to show that you intend to actually return home...people have been denied entry as well.

Edited December 21, 2017 by geowrian

[bakphx1 789]

I think a lot of people here have expressed regrets about the K1 Visa.  My husband came on a CR1 and it was hard to only see each other on trips as he had no visitor visa option.  The K1 is not that much faster and a whole lot more expensive to do everything.  I've also seen people post that the relationship fell apart while the spouse was here on a K1 unable to work, drive, study or anything and boredom/depression set in. Really think hard about it and read others' experiences.