Spouse visa / getting married in US on travel visa

[Adventine 3,201]

13 minutes ago, Annevilwill said:

but it seems we don't really have any other choice, do we? and also, maybe we wont be even able to apply for fiancé visa as another member said "There is currently a backlog in Guangzhou. Ever since the President's Feb 2020 mainland China proclamation only a select few K-1 visa applicants that met listed exemptions to the proclamation (or were Plaintiffs in the K-1 lawsuit) got their visas. We'll have to see if Biden ends that proclamation."

 

so I am not even sure if its feasible. 

 

You do have choices. The problem is, there's no guarantee that the available choices will meet your goal to move to the States by 2022. 

 

I'm sorry it's this way, but the travel restrictions and COVID slowdowns have made everything much more complicated.

[HRQX 4,145]

26 minutes ago, Annevilwill said:

if I am moving to US on fiancée visa to US, there is no option to apply for petition that will allow me to work, after several months?  

You can submit the employment authorization application together with Adjustment of status application right after you get the marriage certificate. But you cannot legally work before receiving either the Employment Authorization Document or the Green Card. That's the part that can take many months. Processing times can fluctuate.

[Annevilwill 2]

6 minutes ago, millefleur said:

It seems like they aren't issuing new Russian visas right now except in "emergency situations"...more here in Russian: https://www.mid.ru/ru/informacia-dla-rossijskih-i-inostrannyh-grazdan-v-svazi-s-koronavirusnoj-infekciej/-/asset_publisher/UUDFpNltySPE/content/id/4157104

 

It's also a huge problem for all of the others waiting right now with Russian fiancé(e)s because they'll only issue the "emergency" visas to family members/spouses. If you want to stay together with your fiancé during the process, it might make sense to just stay in China if you can and wait for the K-1. With Covid easing in some places, also a new presidential administration coming in, things might start to change...but we can't predict how soon that might be. Otherwise, if you were to relocate back to Russia and switch the K-1 to Moscow, there's also a backlog there as well and then your fiancé would have a hard time getting a visa to Russia...so it could mean waiting out the entire process far apart (or at least until Russia finally starts issuing visas again.) With your US tourist visa, you could visit during the wait but you would have to go back to Moscow to get the visa.

I was not planning on relocating to Russia. only maybe go back to see my family for a while, but no intentions to go back living and working. 

 

I know I did ask earlier, but what are your thoughts on - going to US on my travel visa ( not now, lets say in 2022), we get married there and I just stay. And he applies for change of my status. I now that many members are against it, but at the same time, so many people done it. It doesn't seem to be a really bad case scenario, no? Also can petition for work permit while waiting. Do you think its something we should consider?

[Annevilwill 2]

4 minutes ago, HRQX said:

You can submit the employment authorization application together with Adjustment of status application right after you get the marriage certificate. But you cannot legally work before receiving either the Employment Authorization Document or the Green Card. That's the part that can take many months. Processing times can fluctuate.

ok, I understand that. there is no clarity at all for the processing time for anything.

 

I understand that for now, to meet out timeline its still better to try to apply for fiancé visa. if we move back, get married, there is no restrictions for me in order to go to school right? 

[HRQX 4,145]

6 minutes ago, Annevilwill said:

I now that many members are against it, but at the same time, so many people done it. It doesn't seem to be a really bad case scenario, no?

At POE, must be honest with the CBP officer and the officer will deny entry as inadmissible for being an intending immigrant without a visa that permits immigrant intent; see INA 212(a)(7)(A)(i)(I).

[millefleur 5,047]

11 minutes ago, Annevilwill said:

I was not planning on relocating to Russia. only maybe go back to see my family for a while, but no intentions to go back living and working. 

 

I know I did ask earlier, but what are your thoughts on - going to US on my travel visa ( not now, lets say in 2022), we get married there and I just stay. And he applies for change of my status. I now that many members are against it, but at the same time, so many people done it. It doesn't seem to be a really bad case scenario, no? Also can petition for work permit while waiting. Do you think its something we should consider?

Entering the US with a tourist visa (or student, work visa, etc) with the intent to get married, stay and adjust to immigrant status is considered visa fraud by USCIS/US government authorities. Nobody here can recommend it because it is illegal use of a visa, that's why everyone had strong words against it earlier because that is the law.

 

In your case, since you've already expressed plans to marry and immigrate to the US, the only option is K-1 or get married and apply for CR-1. You really have no other choice at this point since the expressed goal and intent is to marry and gain immigration status via your spouse/fiancé.

 

6 minutes ago, Annevilwill said:

I understand that for now, to meet out timeline its still better to try to apply for fiancé visa. if we move back, get married, there is no restrictions for me in order to go to school right? 

You will not be able to live in the US while you're waiting for the K-1 to process. You can visit, but you will have to return to China to get the K-1. Frustrating for sure but these are the rules with US immigration.

Edited January 19, 2021 by millefleur

[Annevilwill 2]

4 minutes ago, millefleur said:

You will not be able to live in the US while you're waiting for the K-1 to process. You can visit, but you will have to return to China to get the K-1. Frustrating for sure but these are the rules with US immigration.

right. I mean that, once the process is over and I obtained the fiancé visa, we go to US to get married and apply for my change of status. I am not allowed to work, but can I go to Uni?

[Orangesapples 1,954]

47 minutes ago, Annevilwill said:

if I am moving to US on fiancée visa to US, there is no option to apply for petition that will allow me to work, after several months?  

You have to get married within 90 days after entry and then you apply for adjustment of status. Together with the AOS application, you can (and should) submit documents for employment authorization and advance parole (currently free) that will allow you to work and reenter the US while waiting for your green card. Back in 2017 when I was doing it, it took me 4 months to get an EAD, currently it takes 7-8-9 months. 

[millefleur 5,047]

Just now, Annevilwill said:

right. I mean that, once the process is over and I obtained the fiancé visa, we go to US to get married and apply for my change of status. I am not allowed to work, but can I go to Uni?

Ah, good question. While waiting for adjustment of status, you can study but you may or may not get the same benefits the school would offer to those who already have their green cards. Thus the cost could end up being more, and certain things might become more complicated but it really depends on each university/college and their own policies around that. From the USCIS side, you will be able to study while waiting for the GC. Federal financial aid for study would not be available until you have a green card. Hope that helps!

[HRQX 4,145]

5 minutes ago, Annevilwill said:

but can I go to Uni?

It'll depend on the educational institution's policy. But generally, yes you can study after entering the US with K-1.

[pushbrk 13,043]

1 hour ago, Annevilwill said:

if I am moving to US on fiancée visa to US, there is no option to apply for petition that will allow me to work, after several months?  

You can "apply for" adjusting status (green card) work authorization and advance parole, as soon as you marry in the US, but it's been taking six months or more to get the work auth and parole.

[Annevilwill 2]

22 hours ago, millefleur said:

Ah, good question. While waiting for adjustment of status, you can study but you may or may not get the same benefits the school would offer to those who already have their green cards. Thus the cost could end up being more, and certain things might become more complicated but it really depends on each university/college and their own policies around that. From the USCIS side, you will be able to study while waiting for the GC. Federal financial aid for study would not be available until you have a green card. Hope that helps!

Thank you and to everyone for your help!

 

we decided to see if any changes will apply with Biden, but in general, if by April China wont open its boarders, we just file for fiancé visa. 

 

Btw does anyone know if while filing for fiancé visa we will go to Russia and do wedding (without actually getting officially married) party, is it any problems for immigration officers? 

[Orangesapples 1,954]

10 minutes ago, Annevilwill said:

Thank you and to everyone for your help!

 

we decided to see if any changes will apply with Biden, but in general, if by April China wont open its boarders, we just file for fiancé visa. 

 

Btw does anyone know if while filing for fiancé visa we will go to Russia and do wedding (without actually getting officially married) party, is it any problems for immigration officers? 

There's no need to wait. You can file for a fiance visa now, so that you get in line. Then if you decide to go with a CR1, you can withdraw the fiance petition after you get married.  You lose the money you spent on filing (I think it's over $500 now), so it will be up to you if you think it's worth it. 

 

Having an unofficial wedding can definitely be a problem for a K1, depending on embassy. Even if you're not legally married, a CO may decide you're too married for a K1. Not sure if this is an issue in Russia or China but I wouldn't risk it. A better alternative would be getting married in the US after you enter on a K1, then go back to Russia to have a party once you get your advance parole. 

Edited January 20, 2021 by Orangesapples

[HRQX 4,145]

3 minutes ago, Annevilwill said:

Btw does anyone know if while filing for fiancé visa we will go to Russia and do wedding (without actually getting officially married) party, is it any problems for immigration officers? 

Doing that is very risky:

 

4 minutes ago, Annevilwill said:

we decided to see if any changes will apply with Biden

Biden's White House press secretary said: "On the advice of our medical team, the Administration does not intend to lift these restrictions on 1/26.  In fact, we plan to strengthen public health measures around international travel in order to further mitigate the spread of COVID-19." https://mobile.twitter.com/jrpsaki/status/1351322381864890370 Legally, the proclamation is explicitly about entry to the US. But DOS overstepped its authority by implementing an unlawful "No Visa Policy" at consular posts inside the areas affected by the COVID proclamations:

Still unknown if the incoming Administration will end that unlawful "No Visa Policy."

[Annevilwill 2]

25 minutes ago, HRQX said:

Quote

Doing that is very risky:

 

Biden's White House press secretary said: "On the advice of our medical team, the Administration does not intend to lift these restrictions on 1/26.  In fact, we plan to strengthen public health measures around international travel in order to further mitigate the spread of COVID-19." https://mobile.twitter.com/jrpsaki/status/1351322381864890370 Legally, the proclamation is explicitly about entry to the US. But DOS overstepped its authority by implementing an unlawful "No Visa Policy" at consular posts inside the areas affected by the COVID proclamations:

Still unknown if the incoming Administration will end that unlawful "No Visa Policy."

omg, thanks for letting me know! I read the thread, its a pretty bad situation that happened to that couple:( 

 

but photos from other people's wedding, for instance my boyfriend's brother - that is ok? we travelled several years ago to attend it, its clearly not our wedding. but I wanted to put them to the relationship evidence to show that I actually know his fam and our relationship isn't fake. is that ok?