Timeline question - do we need to apply for multiple types of visas?

[mdpotter 0]

My (non-resident) girlfriend is in the US on a university student visa, which is where we met. Now that we are both nearing graduation, I'm a little wary about our current timeline:

 

May 16 - she graduates. She has 60 days to leave the country.

May 18-21ish - I propose

We want to have around 8 months to plan the wedding and get married in December or January (After I'm finished with school)

If we apply for a K-1, we have 90 days to get married. Even if i were to stack the days together, that would leave us with 3 months of unaccounted time.

Additionally, she has a job lined up after she graduates.

 

Here is my question: After she graduates, would it be wise to apply for an EB-3 green card until we hit 90 days before the wedding? Is there a way to extend the time that also allows her to work? I really don't want to have to move the wedding up to september or october if possible. Help!

[Boiler 44,057]

Well not so romantic, but much more practical would be to propose now, get legally married now, file to adjust now and then do the big wedding at your leisure.

 

Immigration and plans that you might normally desire do not often mix.

[mdpotter 0]

We had considered that, but I didn't know if that would look bad on us because we aren't moving in together until we are married. Are there any inherent dangers in doing a legal marriage without acting married?

[Boiler 44,057]

Depending on your Office you can expect a long wait for the interview so you would be best advised to make sure everything looked good by then so you have the expected evidence.

[mdpotter 0]

Took another look. In my case, would it be prudent for her to just apply for a EB-3 visa until we're married and then go for a CR-1? Is that even an option if she's already in the states?

Edited January 17, 2020 by mdpotter

[Boiler 44,057]

So an Employer will need to apply and look how long it takes. Not practical.

[Duke & Marie 1,389]

1 hour ago, Boiler said:

Well not so romantic, but much more practical would be to propose now, get legally married now, file to adjust now and then do the big wedding at your leisure.

 

Immigration and plans that you might normally desire do not often mix.

Just out of interest.. can she still study if they got married and filed AOS? Or would filing be better if put off until after graduation? I know there’s a whole work clause thing, just not sure how it affects study

[Boiler 44,057]

6 minutes ago, Duke & Marie said:

Just out of interest.. can she still study if they got married and filed AOS? Or would filing be better if put off until after graduation? I know there’s a whole work clause thing, just not sure how it affects study

Filing will not change status, so until she uses something related to filing she stays as she was, so AP or EAD but I would expect that will come after her time is up anyway.

[Babu Frik 1,162]

3 hours ago, mdpotter said:

We had considered that, but I didn't know if that would look bad on us because we aren't moving in together until we are married. Are there any inherent dangers in doing a legal marriage without acting married?

Basically most people who end up doing the CR1 route get married and don't live together because they can't.

While your situation may be a little different, it's not something unheard of.

[Crazy Cat 40,182]

3 hours ago, mdpotter said:

Took another look. In my case, would it be prudent for her to just apply for a EB-3 visa until we're married and then go for a CR-1? Is that even an option if she's already in the states?

Why even consider a CR-1 if you are both currently in the US?   @Boiler has given you excellent advice.

[carmel34 3,544]

6 hours ago, mdpotter said:

May 16 - she graduates. She has 60 days to leave the country.

May 18-21ish - I propose

Ok so far, but if she wants to stay in the country legally, you'll have to have a legal marriage earlier, before her 60 days are up and file AOS with the marriage certificate, or she'll be out of status and at risk of deportation.  And keep in mind that if you go the AOS route, she will have a long wait of at least 4-6 months after filing, waiting for the EAD/AP, when she will not be able to work or leave the country.  If she wants to work right after graduation with the job she has lined up, your plan will not work.

 

K-1 or CR-1 is an option if she goes back home after graduation and you file a petition for her.  That consular processing route will take a year or more depending on the circumstances of your case, then she can immigrate after the visa is approved and return.  CR-1 is superior because she can work immediately on entry, with K-1 you still have to file AOS.

 

Do more research on all your options so you know the pros and cons of each.  And if her job is back in her home country, you might consider moving there with her, or at least for frequent visits.

 

It is never a good idea to rush into marriage just for the immigration benefits.  I would suggest that you take your time and talk through all the issues with her after doing more research on what is involved, the time, expense, advantages and disadvantages of how you can best move forward.  Marriage is a big commitment and so often here on VJ we see many rushed marriages that later fail.  Even if it means a period of time when you are living in different countries, it may be worth it in the long run to make sure that marriage is what you both want.  Good luck!

Edited January 17, 2020 by carmel34

[mdpotter 0]

@carmel34 what if we applied for EAS 3 months before her graduation? Would that work because her status doesn’t change until it’s approved?

 

sorry if I’m asking a bunch of questions. I’m new here but my goal is to keep my girlfriend in the country. If you’re saying CR-1 is a bad idea, would K3 be the way to go?

[Boiler 44,057]

EAS? What do you mean by that.

 

K3 is effectively dead and anyway requires her to leave.

[Just Paul 4,591]

6 minutes ago, mdpotter said:

I’m new here but my goal is to keep my girlfriend in the country. If you’re saying CR-1 is a bad idea, would K3 be the way to go?

You are adjusting status not applying for a visa.  

[mdpotter 0]

@Boiler sorry I meant EAD(?) the one that allows her to work. I think I’m just really confused. 

 

Im trying to ask if, to keep her in the country, she should apply for a visa to let her work (EB-3) because a K-1 would mean she has to leave. Is there a way to make that a smooth transition, like applying for that stuff early so it flips just after she finishes school

 

sorry if I’m not making any sense here