Other alternatives to K1 or K3 visa

[cjskier 0]

Hi everyone I am a US citizen and my finance is from Peru. We met last winter while she was here on a RJ1 work visa. We have since then gotten engaged after I spent the last 3 months in Peru with her. No I have the job of trying to decide what is the best way for me to bring her here and get married. I have researched the K1 and K3 visa, and know the K1 visa is a good option for us. However that still requires that we wait over another year before we apply. So I am looking into other ways around the K1 and K3 visas.

I am wondering what the draw backs are of getting her a travel visa and marring her when she comes for a vacation. I believe this can make the AOS process more difficult, but not sure in what way. So any help with this would be great.

She also got a SS# to work when she was here last time. However it says "valid for work only with dhs authorization" on it. My question is, if she came here and we got married on a travel visa, could she get a job with her SS# before she gets her green card?

And are there any other options to getting her here, with out waiting for more then a year?

Sorry if this is not the right section for this post, but was not sure where else to put it.

Edited October 26, 2007 by cjskier

[pushbrk 13,211]

Hi everyone I am a US citizen and my finance is from Peru. We met last winter while she was here on a RJ1 work visa. We have since then gotten engaged after I spent the last 3 months in Peru with her. No I have the job of trying to decide what is the best way for me to bring her here and get married. I have researched the K1 and K3 visa, and know the K1 visa is a good option for us. However that still requires that we wait over another year before we apply. So I am looking into other ways around the K1 and K3 visas.

I am wondering what the draw backs are of getting her a travel visa and marring her when she comes for a vacation. I believe this can make the AOS process more difficult, but not sure in what way. So any help with this would be great.

She also got a SS# to work when she was here last time. However it says "valid for work only with dhs authorization" on it. My question is, if she came here and we got married on a travel visa, could she get a job with her SS# before she gets her green card?

And are there any other options to getting her here, with out waiting for more then a year?

Why do you think you have to wait for a year to begin the K1 process? If you mean it will take about a year to get her here on a K1 visa, that's about right, and now that the two of you have intent to marry and for her to immigrate, K1 and marry in the US or marry first and CR1 or K3 are the legal options available to you. If working is important immediately upon entry, then your best choice is marry abroad and CR1 visa.

Since you met her after she arrived, she could have stayed, married you and adjusted status but it's too late for that now.

Edited October 26, 2007 by pushbrk

[gwenneh 7]

Well, coming in on a tourist visa and marrying is not illegal. Coming in on a tourist visa, marrying, and staying *is* illegal - that would be visa fraud, and is not something to take lightly.

You have a few options open to you:

-File for a K-1, bring her over on a K-1 (bonus is that the K-1 holder can get a work authorisation stamp, so since she has a SS card already this would enable her to work immediately), then adjust status to get her a green card.

-Bring her over on a tourist visa, marry her, she returns home, and then file for a K-3. Once that is granted, she can settle in the US. You will have to apply for adjustment of status before she could work.

-Bring her over on a tourist visa, marry her, she returns home, and file for a CR-1. Usually slightly longer to get than a K-3, the CR-1 has a few upsides: she will receive her green card in the post without having to file for it, and it is cheaper than the K-3 as no adjustment of status needs to be filed for.

-Go to her country, marry her, then file for K-3 or CR-1.

Those are pretty much your options!

[garya505 2]

Hi everyone I am a US citizen and my finance is from Peru. We met last winter while she was here on a RJ1 work visa. We have since then gotten engaged after I spent the last 3 months in Peru with her. No I have the job of trying to decide what is the best way for me to bring her here and get married. I have researched the K1 and K3 visa, and know the K1 visa is a good option for us. However that still requires that we wait over another year before we apply. So I am looking into other ways around the K1 and K3 visas.

I am wondering what the draw backs are of getting her a travel visa and marring her when she comes for a vacation. I believe this can make the AOS process more difficult, but not sure in what way. So any help with this would be great.

She also got a SS# to work when she was here last time. However it says "valid for work only with dhs authorization" on it. My question is, if she came here and we got married on a travel visa, could she get a job with her SS# before she gets her green card?

And are there any other options to getting her here, with out waiting for more then a year?

Sorry if this is not the right section for this post, but was not sure where else to put it.

Why would you wait more than a year to file for the K1?

[cjskier 0]

Why do you think you have to wait for a year to begin the K1 process? If you mean it will take about a year to get her here on a K1 visa, that's about right, and now that the two of you have intent to marry and for her to immigrate, K1 and marry in the US or marry first and CR1 or K3 are the legal options available to you. If working is important immediately upon entry, then your best choice is marry abroad and CR1 visa.

Since you met her after she arrived, she could have stayed, married you and adjusted status but it's too late for that now.

I was under the impression that you had to prove that you have know each other for 2 years to apply for the K1 visa. Is this incorrect?

[gwenneh 7]

Why do you think you have to wait for a year to begin the K1 process? If you mean it will take about a year to get her here on a K1 visa, that's about right, and now that the two of you have intent to marry and for her to immigrate, K1 and marry in the US or marry first and CR1 or K3 are the legal options available to you. If working is important immediately upon entry, then your best choice is marry abroad and CR1 visa.

Since you met her after she arrived, she could have stayed, married you and adjusted status but it's too late for that now.

I was under the impression that you had to prove that you have know each other for 2 years to apply for the K1 visa. Is this incorrect?

This is incorrect. You must have met in person within the last two years. The amount of time you have known each other, while it may be relevant, does not have to be two years.

[cjskier 0]

So even though I met her this past February for the first time, I could start the k1 process now? Thats good.

[Caladan 19]

Nope. The requirements for the initial petition don't specify an amount of time you have had to know each other, just that you've met once in person in the previous two years before filing. (Now, of course, you need to prove that you have a bonafide relationship, which may entail that you've met more than once, but it's not part of the law.)

As far as marrying and adjusting off of a tourist visa, it can be done (plenty of people have, it's not illegal), but the burden is on you to show that she didn't have intent to stay when she entered on the tourist visa (like if she came for a visit and you spontaneously happened to get married.) This can be tricky, and it's better to do the K-1 if you're already planning for her to stay. (She may have a hard time getting a tourist visa with an American fiance anyway, so it may be a moot point.)

Start by reading up on the K-1 here.

[garya505 2]

Why do you think you have to wait for a year to begin the K1 process? If you mean it will take about a year to get her here on a K1 visa, that's about right, and now that the two of you have intent to marry and for her to immigrate, K1 and marry in the US or marry first and CR1 or K3 are the legal options available to you. If working is important immediately upon entry, then your best choice is marry abroad and CR1 visa.

Since you met her after she arrived, she could have stayed, married you and adjusted status but it's too late for that now.

I was under the impression that you had to prove that you have know each other for 2 years to apply for the K1 visa. Is this incorrect?

That is incorrect. You have to show that you met in person WITHIN the last two years. You can apply right away if you have evidence that you met in Feb.

[mox 298]

So even though I met her this past February for the first time, I could start the k1 process now? Thats good.

That is correct. Go get started, and best of luck to you!

[pushbrk 13,211]

So even though I met her this past February for the first time, I could start the k1 process now? Thats good.

Yes, you can file the petition now. One caution though. If you misunderstood the meeting requirement you may misunderstand some other important instructions. You must be able to read carefully and interpret literally. If you are unable to do that, you'll need some help from somebody who can.

[cjskier 0]

So even though I met her this past February for the first time, I could start the k1 process now? Thats good.

Yes, you can file the petition now. One caution though. If you misunderstood the meeting requirement you may misunderstand some other important instructions. You must be able to read carefully and interpret literally. If you are unable to do that, you'll need some help from somebody who can.

Well I can agree with that, lol. But this info was told to me secondhand, not read. However I do think i will be using a lawyer for help with the process. Should make every thing go smoother. Thanks for the help everyone!

[pushbrk 13,211]

So even though I met her this past February for the first time, I could start the k1 process now? Thats good.

Yes, you can file the petition now. One caution though. If you misunderstood the meeting requirement you may misunderstand some other important instructions. You must be able to read carefully and interpret literally. If you are unable to do that, you'll need some help from somebody who can.

Well I can agree with that, lol. But this info was told to me secondhand, not read. However I do think i will be using a lawyer for help with the process. Should make every thing go smoother. Thanks for the help everyone!

Well, if it was second hand, the misunderstanding could have come from anywhere. I would not count on using a lawyer to make things go more smoothly. Usually, you will have a higher priority on accuracy and speed than any third party. If you're able to deal with things like financial aid forms for college etc. you'll probably be able to handle everything yourself, with some help from the people here. Many regret using attorney's but they are life savers for some.