Please I need your advice

[WHYnow 22]

My Fiance live in Seattle, an America citizen 37 years old, I'm from Nigeria, 35 years old but I live and work in Dubai. we just got engaged a month ago, with some family/friends in attendance after almost 1 year of our relationship.

 

I was married in Nigeria before and had 3 years old daughter, marriage was dissolved exactly 1 year before I knew my America fiance, to own the custody of my daughter the case is still pending.

 

Now we were both confused on which best and fast possible way to be together as it was very tough on us to live separately since her last departure.

 

Fist option we came up with is for my Finace to travel down to Nigeria in order to get married, and at the same time I will apply to visit and travel with her back to the state for honeymoon, but what we have to do after the visit to legalized my stay, we don't no. 

 

Second option we finally agreed on is for us to book our wedding in United State so I will apply for Visit visa to attend the weeding alongside my family from Nigeria, what we need to do after this visit we dont know best option. 

 

Please kindly review our current option and the process to legalized my stay after the marriage visit. 

 

I have a reliable business in Nigeria and also a Sole consultancy work in Dubai, my fiance also work as Assistant Nurse in United State. 

 

Please advice us on the best thing to do and kindly considered we don't want to wait too far that's why we did not go for K1. 

 

Appreciate your feedback and sorry for the lengthen words.

 

Ola

[Ryan H 3,812]

Moved from K3 Process & Procedures to What Visa Do I Need - Family Based Immigration forum.

[Starkilla09 366]

Your best option in this case will be to apply for a K-1 fiancé/fiancée visa. A K-1 visa requires both parties to have met at-least once in person within the last 2 years prior to applying, be legally free to marry and also be unmarried as well. If you guys marry you will not be eligible for a K-1 visa anymore and will have to do a spousal visa instead which will take roughly 12 to 14 months to complete.

 

You’ll need to wait overseas until you get your K-1 visa before moving to the U.S. Just so you also know USCIS is dangerously backlogged now nationwide with all immigration petitions experiencing delays, so you’ll also need a big dose of patience. Immigrating to the U.S. has never been a quick process so you’ll need to bear that in mind.

 

Again you can’t use a visit visa to come get married in the U.S. that’s why there’s a K-1 visa which will allow you to come get married and adjust your status here to lawful permanent residency. No consular officer will issue you a visa for that reason. You can also immigrate with your daughter as a K-2 dependent.

[SalishSea 17,837]

I agree that a K-1 seems like your best bet.

 

Also - have  you ever applied for a B-2 visitor visa?  Unfortunately, as a Nigerian male living abroad, you will likely have challenges getting one.

[aaron2020 11,651]

Do you have a visitor visa?  Do you realize that it's immigration fraud to use a visitor visa to enter the US and immigrate to the US?  
 

Both options that you presented includes you using a visitor visa.  It's not that easy to get a visitor visa when you are married to a US citizen and want to come live in the US.  

 

Why Option 1 will not work:  You don't have a visitor visa.  It's immigration fraud to use a visitor visa to enter the US and "legalize your stay."  

 

Why Option 2 will not work: You don't have a visitor visa.  It's immigration fraud to use a visitor visa to enter the US and adjust status.

 

There is NO WAY to avoid being separated.  You can not avoid the K-1 by using a visitor visa to immigrate to the US.  

 

Your two real choices are the K-1 or the CR-1 spousal visa.  

[aaron2020 11,651]

How about answering some questions instead of just reacting to the posts?

If you want help, then answer our questions.  

[aaron2020 11,651]

Why are you following my posts when you wouldn't answer questions posed to help you?

[Omoge Afo 52]

From my experience as a USA citizen and now Married to immigrant from Nigeria, keep in mind we're both Nigerian.  Applying for visiting visa for attending your own wedding is a red flag, because immigration will see it as you might not go back after getting married.  Either K1 or spouse visa, both takes long time and load of patience.  Both process takes a year and half to two years.  and am just speaking from experience, my husband and i completed the K1 process in this year June and it took us a whole year.   And after getting married, we're still in process with his adjustment of status for green card.  And I know a family member that took over two years to finish spouse visa process.  My point it, with current immigration process, there's no quick way.  Every form of entry required time and patience.  My recommendation for you is to be patience and apply for K1 visa and come get married in USA, in the main time plan for your fiance to visit you more in Dubai and you both can also visit Nigeria.  You have a child and business outside of USA, dont come here in hurry with visiting visa and be stock to 2 years without job and not able to attend to your business and family outside of the country.

[WHYnow 22]

16 hours ago, aaron2020 said:

Why are you following my posts when you wouldn't answer questions posed to help you?

Hello, I thank you for your comment and advise. meanwhile you have been patient to wait for my reply before commenting this again. 

 

Yesterday I have reached the threshold of comments and messages allowed that's why I could not reply to anyone, not only you (sir/ma), but at the same time to show appreciation and acknowledgment/valued to your comments I click ''Like/Thank you''

[WHYnow 22]

21 hours ago, Starkilla09 said:

Your best option in this case will be to apply for a K-1 fiancé/fiancée visa. A K-1 visa requires both parties to have met at-least once in person within the last 2 years prior to applying, be legally free to marry and also be unmarried as well. If you guys marry you will not be eligible for a K-1 visa anymore and will have to do a spousal visa instead which will take roughly 12 to 14 months to complete.

 

You’ll need to wait overseas until you get your K-1 visa before moving to the U.S. Just so you also know USCIS is dangerously backlogged now nationwide with all immigration petitions experiencing delays, so you’ll also need a big dose of patience. Immigrating to the U.S. has never been a quick process so you’ll need to bear that in mind.

 

Again you can’t use a visit visa to come get married in the U.S. that’s why there’s a K-1 visa which will allow you to come get married and adjust your status here to lawful permanent residency. No consular officer will issue you a visa for that reason. You can also immigrate with your daughter as a K-2 dependent.

Thank you for your advise - Its good to know that its illegal to conduct wedding while on a visit visa. I think we will prefer to do our wedding in Nigeria and then file Cr-1, maybe the processing time might be little faster than K-1. 

[WHYnow 22]

20 hours ago, Jorgedig said:

I agree that a K-1 seems like your best bet.

 

Also - have  you ever applied for a B-2 visitor visa?  Unfortunately, as a Nigerian male living abroad, you will likely have challenges getting one.

 

Thank you for your advise. 

Yes I applied for B-2 before I meet my finace but was denied on the ground that I do not have a strong tie from UAE to US. My last B-2 refusal was on invitation from my fiance but was denied because I could establish that we have meet in person. The refusal is what inspired her and her mom plus my family to arrange our engagement in Dubai a month ago. 

[WHYnow 22]

17 hours ago, aaron2020 said:

Do you have a visitor visa?  Do you realize that it's immigration fraud to use a visitor visa to enter the US and immigrate to the US?  
 

Both options that you presented includes you using a visitor visa.  It's not that easy to get a visitor visa when you are married to a US citizen and want to come live in the US.  

 

Why Option 1 will not work:  You don't have a visitor visa.  It's immigration fraud to use a visitor visa to enter the US and "legalize your stay."  

 

Why Option 2 will not work: You don't have a visitor visa.  It's immigration fraud to use a visitor visa to enter the US and adjust status.

 

There is NO WAY to avoid being separated.  You can not avoid the K-1 by using a visitor visa to immigrate to the US.  

 

Your two real choices are the K-1 or the CR-1 spousal visa.  

Thank you for your advise. 

I do not have Visitor Visa, neither me or my fiance is aware that getting marry with visitor visa is illegal and that's why I'm here for enlightenment. I appreciate everyone advise as the option of Visit to get marry is now out of our list. someone has advise us on I-130 and then K3 to speed the process.

[WHYnow 22]

6 hours ago, Omoge Afo said:

From my experience as a USA citizen and now Married to immigrant from Nigeria, keep in mind we're both Nigerian.  Applying for visiting visa for attending your own wedding is a red flag, because immigration will see it as you might not go back after getting married.  Either K1 or spouse visa, both takes long time and load of patience.  Both process takes a year and half to two years.  and am just speaking from experience, my husband and i completed the K1 process in this year June and it took us a whole year.   And after getting married, we're still in process with his adjustment of status for green card.  And I know a family member that took over two years to finish spouse visa process.  My point it, with current immigration process, there's no quick way.  Every form of entry required time and patience.  My recommendation for you is to be patience and apply for K1 visa and come get married in USA, in the main time plan for your fiance to visit you more in Dubai and you both can also visit Nigeria.  You have a child and business outside of USA, dont come here in hurry with visiting visa and be stock to 2 years without job and not able to attend to your business and family outside of the country.

Thank you very much, I appreciate your advise. based on the advise from all you wonderful people we might consider Spouse Visa, getting marry in Dubai is very complicate in process, we will plan to do our wedding in Nigeria and go for Spouse Visa.

Once again, I appreciate your comments.

[SalishSea 17,837]

1 hour ago, Ola MK said:

 

Thank you for your advise. 

Yes I applied for B-2 before I meet my finace but was denied on the ground that I do not have a strong tie from UAE to US. My last B-2 refusal was on invitation from my fiance but was denied because I could establish that we have meet in person. The refusal is what inspired her and her mom plus my family to arrange our engagement in Dubai a month ago. 

I don't think you understand how this works.  There is no "invitation" for a B-2, and had you met in person, it would have been even more detrimental.  COs are required by law to presume immigrant intent.  You must show ties to your country of residence.  Having ties to the US (friend, fiancee, family) does the opposite of this, and confirms the suspicion of immigrant intent.

[Darnell 8,478]

On 10/28/2019 at 10:17 PM, Ola MK said:

Thank you for your advise. 

I do not have Visitor Visa, neither me or my fiance is aware that getting marry with visitor visa is illegal and that's why I'm here for enlightenment. I appreciate everyone advise as the option of Visit to get marry is now out of our list. someone has advise us on I-130 and then K3 to speed the process.

I suggest you be extremely wary of anyone offering advise for a K-3 visa.  
Suggest you follow the CR-1 or K-1 visa, instead, depending on your marital status at time of initial filing.