How long after court wedding can I petition for my spouse ?

[Sarath 6]

Good afternoon,

 

I hope all is well. my fiancé and I recently decided to just get married instead of filing for the fiancé visa. We have been together for 3 years total, engaged in 2019 I visited him twice in nov 2019 and nov 2020. We were going to start filling the k1 when we decided to opt for the spousal visa.  We have pictures from my trips text messages call logs and pictures with my family and his family back in the states.  (without him off course, he has family here and we’re all always on group chats)
I am visiting him in Ghana in June this year and staying with him for 5 weeks, which, during that time we will do the court wedding and I will start to petition for him when I come back to the states. His family will be there, mine won’t. We said when he gets here we will do everything like We want, white wedding dress wedding and reception and all.

my questions are: 

is it okay to file as soon as I come back from the states? Are there any other proof that I will need besides the ones I already have. 
can he visit while we’re in the process? ( with the intent of going back )

 

thank you

[SalishSea 17,837]

23 minutes ago, Sarath said:

Good afternoon,

 

I hope all is well. my fiancé and I recently decided to just get married instead of filing for the fiancé visa. We have been together for 3 years total, engaged in 2019 I visited him twice in nov 2019 and nov 2020. We were going to start filling the k1 when we decided to opt for the spousal visa.  We have pictures from my trips text messages call logs and pictures with my family and his family back in the states.  (without him off course, he has family here and we’re all always on group chats)
I am visiting him in Ghana in June this year and staying with him for 5 weeks, which, during that time we will do the court wedding and I will start to petition for him when I come back to the states. His family will be there, mine won’t. We said when he gets here we will do everything like We want, white wedding dress wedding and reception and all.

my questions are: 

is it okay to file as soon as I come back from the states? Are there any other proof that I will need besides the ones I already have. You need a legal marriage certificate.
can he visit while we’re in the process? ( with the intent of going back )  Sure, if he has (or can get) a B2 visa.

 

thank you

 

[payxibka 10,045]

25 minutes ago, Sarath said:

Good afternoon,

 

I hope all is well. my fiancé and I recently decided to just get married instead of filing for the fiancé visa. We have been together for 3 years total, engaged in 2019 I visited him twice in nov 2019 and nov 2020. We were going to start filling the k1 when we decided to opt for the spousal visa.  We have pictures from my trips text messages call logs and pictures with my family and his family back in the states.  (without him off course, he has family here and we’re all always on group chats)
I am visiting him in Ghana in June this year and staying with him for 5 weeks, which, during that time we will do the court wedding and I will start to petition for him when I come back to the states. His family will be there, mine won’t. We said when he gets here we will do everything like We want, white wedding dress wedding and reception and all.

my questions are: 

is it okay to file as soon as I come back from the states? Are there any other proof that I will need besides the ones I already have. 
can he visit while we’re in the process? ( with the intent of going back )

 

thank you

As soon as you have all tbe documents, petition away.

[Boiler 45,535]

We have a mega thread on people who have visited during the process.

 

 

[pushbrk 12,898]

45 minutes ago, Boiler said:

We have a mega thread on people who have visited during the process.

 

 

True, but we're talking about visiting from Ghana, not visiting in general.  Chances of getting a visitor visa in this case are most likely none and hell no.

[Boiler 45,535]

5 minutes ago, pushbrk said:

True, but we're talking about visiting from Ghana, not visiting in general.  Chances of getting a visitor visa in this case are most likely none and hell no.

Al that was asked was if he could visit during the process, I know we tend to make assumptions to fill in the gap. I remember when I used to fly out of Heathrow the next bay was the check in for whatever the Nigerian National Airline was, always packed, and of course we know nothing of his personal situation. For a start he may well have a visa with US Family to visit.

[pushbrk 12,898]

2 minutes ago, Boiler said:

Al that was asked was if he could visit during the process, I know we tend to make assumptions to fill in the gap. I remember when I used to fly out of Heathrow the next bay was the check in for whatever the Nigerian National Airline was, always packed, and of course we know nothing of his personal situation. For a start he may well have a visa with US Family to visit.

More than likely, he would be denied BECAUSE he is married to a US Citizen already, and has already indicated immigrant intent by virtue of the petition filing.  If his circumstances were such that he would otherwise be granted a visa, he would likely already have one.

[Sarath 6]

55 minutes ago, pushbrk said:

True, but we're talking about visiting from Ghana, not visiting in general.  Chances of getting a visitor visa in this case are most likely none and hell no.

Why is that ?

 

he has a job, house and businesses back in Ghana, even though he has ties back to Ghana, he still wouldn’t be able to come and visit ?

[Sarath 6]

46 minutes ago, pushbrk said:

More than likely, he would be denied BECAUSE he is married to a US Citizen already, and has already indicated immigrant intent by virtue of the petition filing.  If his circumstances were such that he would otherwise be granted a visa, he would likely already have one.

Okay, so he can’t come to visit because we would have already started the petition?

I graduate in December with my Masters and I would have loved for him to come see me walk accros the stage. 

Or go for the tourist visa now before we petition for the Spousal visa in August 
I am honestly just asking then I’ll get a lawyer. 

Thank you for your response.

 

Respectfully. 

[pushbrk 12,898]

7 minutes ago, Sarath said:

Okay, so he can’t come to visit because we would have already started the petition?

I graduate in December with my Masters and I would have loved for him to come see me walk accros the stage. 

Or go for the tourist visa now before we petition for the Spousal visa in August 
I am honestly just asking then I’ll get a lawyer. 

Thank you for your response.

 

Respectfully. 

He has a better chance of getting the visa now, than he would after you are married.  The issue is that people with immigrant intent are almost always denied visitor visas.  Immigrant intent is required to be assumed until sufficient evidence is submitted to the contrary.

[Boiler 45,535]

The consular section of the U.S. Embassy in Accra continues to operate with reduced in-person staffing and is scheduling a limited number of visa appointments for qualifying applicants. The consular section is processing a limited number of Immigrant Visa (IV) applications according to priority date and presidential proclamations for immediate relatives of U.S. citizens, other family members, essential workers, and returning residents, along with a limited number of emergency Nonimmigrant Visa (NIV) applications.