In person meeting exemption

[DaveAndAnastasia 2,082]

1 minute ago, C&AH said:

A drive to Mexico isn't out of the question if the Peruvian can get there by plane or cruise. It would be a lot more money than just flying and getting it over with. I would personally want to experience her culture first hand to learn more about her. After all, she is willing to come to the United States to not only learn about but live in a totally different culture. Love conquers fears. If she is right then the fear will go out the window.

Though I didn't go to Russia until we'd met twice in other countries first. Different anxieties involved there, though; I didn't have any worries about flying. Except from her hometown to St. Petersburg on a small regional Russian airline.  Felt a lot better to see families with kids on the plane.

[C&AH 104]

4 minutes ago, DaveAndAnastasia said:

Though I didn't go to Russia until we'd met twice in other countries first. Different anxieties involved there, though; I didn't have any worries about flying. Except from her hometown to St. Petersburg on a small regional Russian airline.  Felt a lot better to see families with kids on the plane.

We met halfway because, being inexperienced, I missed my flight and tbe closest I could get was Punta Cana (the other side of the island). I took a taxi to Santo Domiingo and she was there waiting. We took a bus back home (3.5 hrs away). It was a long day but with it! I was on three planes in one day because of how the routes ran (Florida to Baltimore and backtracked to the DR). I guess flying all day helped get me over any fear. 

[cycswan 2]

3 hours ago, EmmNM said:

As others have said you will not receive an exemption for that. You have been given some good options. I will say however that travel is way easier than anything that comes after in this process. The petitioning, waiting, interviewing process has given me so much anxiety and I am not the type of person who gets anxiety. The constant worry of asking yourself if you filled in everything right. The wait wait wait for about 7 months before you hear ANYTHING since your noa1 and seeing others be approved before you that sent in their application after. The constant worry and concern if he's going to get denied coming from a high fraud country. And if he does get denied the fact we will have to get married and start all over again. Additionally k1 is just the 1st step. When she comes you have to file for AOS, AP and EAP, then wait another 12-18 months or more for the green card. And then again in 2 years after green card to file for removing conditions which right now is another 1-2 year wait. And if that's not enough, you get to file again for naturalization a year after that. This process is long, hard, and will give the strongest minds anxiety. Please prepare yourself. The anxiety for immigration is tremendous. 

What happens if I were to marry my gf in Peru? Would she then be allowed to come back to the US with me as a resident right away, or would the 7 month wait still be there? Also, thanks for the help you all!

Edited July 22, 2018 by cycswan

[cycswan 2]

1 hour ago, missileman said:

OP-  Where is your nearest major airport?

Chicago 

[mushroomspore 3,043]

7 minutes ago, cycswan said:

What happens if I were to marry my gf in Peru? Would she then be allowed to come back to the US with me as a resident, or would the 7 month wait still be there. Also, thanks for the help you all!

You would have to file the CR1 spousal visa, which takes a year+ to process. She would be a full-on permanent resident upon approval. But South America is considered high fraud. It won't help your case if you have only met her once and got married to her on that first and only visit. For both K1 (fiance visa) and CR1 (spousal visa), it strengthens your case if there have been multiple visits.

[EmmNM 179]

17 minutes ago, cycswan said:

What happens if I were to marry my gf in Peru? Would she then be allowed to come back to the US with me as a resident right away, or would the 7 month wait still be there? Also, thanks for the help you all!

 

8 minutes ago, mushroomspore said:

You would have to file the CR1 spousal visa, which takes a year+ to process. She would be a full-on permanent resident upon approval. But South America is considered high fraud. It won't help your case if you have only met her once and got married to her on that first and only visit. For both K1 (fiance visa) and CR1 (spousal visa), it strengthens your case if there have been multiple visits.

Agreed. To get married or petition k1 on the 1st visit is allowable but not recommended for a high fraud country. If you marry her you need to apply for a Cr1 visa instead of the K1 visa. A Cr1 visa is taking approximately 12-14 months for approval. The only thing you can cut out of the equation if you get married would be the AOS/AP/EAD when she arrives and you get married. You will still need to file removing conditions after 2 years and then either naturalization after 3 years of having the green card or renew the green card every 10 years.

 

May I suggest you going into your profile and setting your country to Peru? Then you would get more answers from others from the same country since your questions would show up in their portal. 

Edited July 22, 2018 by EmmNM

[cycswan 2]

6 minutes ago, mushroomspore said:

You would have to file the CR1 spousal visa, which takes a year+ to process. She would be a full-on permanent resident upon approval. But South America is considered high fraud. It won't help your case if you have only met her once and got married to her on that first and only visit. For both K1 (fiance visa) and CR1 (spousal visa), it strengthens your case if there have been multiple visits.

We have been communicating online for over a year, but I agree about what you said. So if we did marry there, she can’t enter the US without the CR1, or can she come to the US and file it there?

[Lemonslice 4,699]

12 minutes ago, mushroomspore said:

You would have to file the CR1 spousal visa, which takes a year+ to process. She would be a full-on permanent resident upon approval. But South America is considered high fraud. It won't help your case if you have only met her once and got married to her on that first and only visit. For both K1 (fiance visa) and CR1 (spousal visa), it strengthens your case if there have been multiple visits.

Most countries in South America have average fraudulent activity, far from "high fraud".  

[EmmNM 179]

11 minutes ago, cycswan said:

We have been communicating online for over a year, but I agree about what you said. So if we did marry there, she can’t enter the US without the CR1, or can she come to the US and file it there?

No she cannot come to the US after you get married so she can wait with you while you file it. She will have to remain in her home country during the process. She will also interview at the US consulate in her country after your petition gets approved at the USCIS. Additionally, just because a petition gets approved at the USCIS does not mean the visa will be approved through the consulate. You need to include quality evidence of bonafide relationship when you petition and at the interview. You need to prove to the CO officer you have a true and bonafide relationship. It can sometimes be difficult to do that though a high fraud country with only one visit.

 

I don't mean to be nosy but are there any other red flags in your case that will potentially get in your way? Age difference, religious differences, language barriers, unusual marriage history? I ask because I want to make sure you are prepared for everything a CO officer will ask at her interview.

 

Lastly, she could theoretically file for a tourist visa to come visit you during the process but it would most likely get denied due to presumed immigration intent. 

Edited July 22, 2018 by EmmNM

[mushroomspore 3,043]

5 minutes ago, cycswan said:

We have been communicating online for over a year, but I agree about what you said. So if we did marry there, she can’t enter the US without the CR1, or can she come to the US and file it there?

She can visit during the pending case but she cannot move permanently until the CR1 is approved. CR1 is better than K1, in my opinion. They're taking around the same amount of time now and she'll be a permanent resident upon CR1 approval (she will be allowed to work and travel). With K1, you guys will have to endure the adjusment of status phase and she can't work or travel until she gets the EAD.

4 minutes ago, Lemonslice said:

Most countries in South America have average fraudulent activity, far from "high fraud".  

Oh gotcha, thanks.

[cycswan 2]

5 minutes ago, mushroomspore said:

She can visit during the pending case but she cannot move permanently until the CR1 is approved. CR1 is better than K1, in my opinion. They're taking around the same amount of time now and she'll be a permanent resident upon CR1 approval (she will be allowed to work and travel). With K1, you guys will have to endure the adjusment of status phase and she can't work or travel until she gets the EAD.

Oh gotcha, thanks.

Visit with or without a visa? If I married her there, would she only need a passport to visit me? And she can stay the whole duration visiting during the filing?

Edited July 22, 2018 by cycswan

[EmmNM 179]

1 minute ago, cycswan said:

Visit with or within a visa? Just a passport. If I married her there, would she only need a passport to visit me? And she can stay the whole duration visiting during the filing?

Maybe you didnt see my past post?

 

"Lastly, she could theoretically file for a tourist visa to come visit you during the process but it would most likely get denied due to presumed immigration intent."

 

She would need a passport and she would have to file for a tourist visa at the US consulate in her country. She will have to be able to prove strong ties to her country and will have overcome any presumption of immigration intent. She would most likely get denied a tourist visa for being married to a US citizen. Unless she can prove beyond a shadow of a doubt to a CO officer that she will return to her home country while you wait for the CR1 to process.

[geowrian 22,337]

5 minutes ago, cycswan said:

Visit with or without a visa? If I married her there, would she only need a passport to visit me? And she can stay the whole duration visiting during the filing?

Visit with a valid travel document to enter the US.

Unless she has a Canadian passport, she needs a visa (Or ESTA for VWP countries)...neither of which seems to apply here.

[mushroomspore 3,043]

5 minutes ago, cycswan said:

Visit with or without a visa? If I married her there, would she only need a passport to visit me? And she can stay the whole duration visiting during the filing?

What @EmmNM said above. She is ALLOWED to try to visit but whether she will actually be able to is a whole other story. And no she cannot be staying with you during the entire pending process. The whole point of a "visa" is that it is used to declare your entry into the US for a specific and legal purpose. She can't enter the US on CR1 if she's already there. 

[cycswan 2]

1 minute ago, mushroomspore said:

What @EmmNM said above. She is ALLOWED to try to visit but whether she will actually be able to is a whole other story. And no she cannot be staying with you during the entire pending process. The whole point of a "visa" is that it is used to declare your entry into the US for a specific and legal purpose. She can't enter the US on CR1 if she's already there. 

Thanks for the replies all. Very upset hearing she can’t come and stay in US after marriage in her country.