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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

vikasintl
My fiancee is US citizen and plans to come to USA for 2 weeks ..during which we can get married if I can join her to USA on visitors or other temporary visa??

We heard that both in K1 and I-130 based visa it takes long time (at least 6 months) thats why we are thinking if I can get visa to join her?

For sure they will give visa to travel with her when she returns? or it depends on immigration officer in India ?can they deny my application?

Please give your opinion on what we should do ? do you think we should rather not get married in India and after our meeting we should file for fiancee visa?
JTM123
QUOTE(vikasintl @ Nov 13 2007, 12:58 AM) *
My fiancee is US citizen and plans to come to USA for 2 weeks ..during which we can get married if I can join her to USA on visitors or other temporary visa??

We heard that both in K1 and I-130 based visa it takes long time (at least 6 months) thats why we are thinking if I can get visa to join her?

For sure they will give visa to travel with her when she returns? or it depends on immigration officer in India ?can they deny my application?

Please give your opinion on what we should do ? do you think we should rather not get married in India and after our meeting we should file for fiancee visa?



hello there,

if you are ALREADY married, you can try the I-130. Now i know of people who are already married and claim they are still "fiances" and obtain K1.
Then they come to USA and get married in municipal court (keep in mind they are ALREADY married in their country of origin). Now I strongly advise against this because if the US embassy finds out this info, you could end up in a lot of trouble.

If ALREADY married, use I-130
If STILL finance, use the fiance visa (K-1 i think)

John
MargotDarko
They are almost certainly going to deny you a visitor's visa, especially after getting married to a USC. Even you did get a visitor visa, you could not use it to move to the US and adjust status and stay - that would be visa fraud.

The fastest way for you to legally get to the US would be for her to file the I-129f for the K1 after you meet in India. As long as there are no snags, that would take about seven or eight months I believe after filing. She can spend some of that time in India with you though. She could even file the I-129f while still in India as long as she has someone she trusts in America who she could send forms and documents to for them to mail on for her.
vikasintl
Thanks for your resposne,
you know the reason why we were thinking if we can get visitors visa immediately after marriage to join with her when she returns because we were not ready to be separated for 6-8 months for finace visa to process...

Is there any other legal way to make it faster?


QUOTE(MargotDarko @ Nov 13 2007, 03:01 PM) *
They are almost certainly going to deny you a visitor's visa, especially after getting married to a USC. Even you did get a visitor visa, you could not use it to move to the US and adjust status and stay - that would be visa fraud.

The fastest way for you to legally get to the US would be for her to file the I-129f for the K1 after you meet in India. As long as there are no snags, that would take about seven or eight months I believe after filing. She can spend some of that time in India with you though. She could even file the I-129f while still in India as long as she has someone she trusts in America who she could send forms and documents to for them to mail on for her.

MargotDarko
QUOTE(vikasintl @ Nov 13 2007, 01:48 PM) *
Thanks for your resposne,
you know the reason why we were thinking if we can get visitors visa immediately after marriage to join with her when she returns because we were not ready to be separated for 6-8 months for finace visa to process...

Is there any other legal way to make it faster?


QUOTE(MargotDarko @ Nov 13 2007, 03:01 PM) *
They are almost certainly going to deny you a visitor's visa, especially after getting married to a USC. Even you did get a visitor visa, you could not use it to move to the US and adjust status and stay - that would be visa fraud.

The fastest way for you to legally get to the US would be for her to file the I-129f for the K1 after you meet in India. As long as there are no snags, that would take about seven or eight months I believe after filing. She can spend some of that time in India with you though. She could even file the I-129f while still in India as long as she has someone she trusts in America who she could send forms and documents to for them to mail on for her.



I think you're probably better off going for the fiance visa. The spousal visa (CR1 for you) would actually take more like a year or even more. And once married, you would be 99.99% sure to get a denial for a visitor's visa application.

Unfortunately, there really isn't a way to legally make it go faster than the fiance visa in your situation. If you were able to obtain a visitor's visa (which would be exceptionally hard), you could go visit for a while and then return to India for the K1 interview so you could at least shorten that six to eight months waiting period. You just couldn't go on a visitor's visa and then stay.

So I guess it's worth a shot to go for the vistor's visa. Actually, I would recommend starting that process right away if you want to go for the visitor's visa. If you have strong ties to India - family, job, property, etc - you might just get one. As long as you adhere to the rules of visa, it's okay to use while simultaneously applying for the K1 visa. And if the visitor's visa is denied, that doesn't have any negative effect on the K1 application. So you only have money and effort to lose.

Another note is that the visitor's visa does not gurantee you entrance to the US. If they believe you might use the visitor's visa to stay and try to adjust status, you would get denied entry and have to return to India without even seeing her.
simple_male
QUOTE(JTM123 @ Nov 13 2007, 02:09 AM) *
QUOTE(vikasintl @ Nov 13 2007, 12:58 AM) *
My fiancee is US citizen and plans to come to USA for 2 weeks ..during which we can get married if I can join her to USA on visitors or other temporary visa??

We heard that both in K1 and I-130 based visa it takes long time (at least 6 months) thats why we are thinking if I can get visa to join her?

For sure they will give visa to travel with her when she returns? or it depends on immigration officer in India ?can they deny my application?

Please give your opinion on what we should do ? do you think we should rather not get married in India and after our meeting we should file for fiancee visa?



hello there,

if you are ALREADY married, you can try the I-130. Now i know of people who are already married and claim they are still "fiances" and obtain K1.
Then they come to USA and get married in municipal court (keep in mind they are ALREADY married in their country of origin). Now I strongly advise against this because if the US embassy finds out this info, you could end up in a lot of trouble.

If ALREADY married, use I-130
If STILL finance, use the fiance visa (K-1 i think)

John


Yes, I agree with your points.
vikasintl
You mentioned 'you could go visit for a while and then return to India for the K1 interview so you could at least shorten that six to eight months waiting period.'
This is what I was thinking if I get visitors visa...I would still come back ..to cancel visitors visa status and will be ready for k1 interview...but I was wondering ...if my application for visitors or business visa will affect negatively on my k1 visa?

Also what are you views for business visa?rather than visitors visa?

Jigi
Hi,

You are playing with fire here , just for 6 months of stuff I dont think you would want to hassle your future process because after you get married you will have to under the hammer of any of the Immigrant visa. So why not start from today and go for any of the K visas.

God bless you

Jigi
Jigi
Hi,

I think that you should not see the 6 months if you go for fiance visa or a year for IR immigrant visa time frame. you should see it as that you are going to live with your wife forever after that , which i think is more important at any given point of time. the best thing would be your fiancee staying in with you in India if she doesnt have job or college or any other problems , rather than you going to her.

Jigi
MargotDarko
QUOTE(vikasintl @ Nov 13 2007, 06:10 PM) *
You mentioned 'you could go visit for a while and then return to India for the K1 interview so you could at least shorten that six to eight months waiting period.'
This is what I was thinking if I get visitors visa...I would still come back ..to cancel visitors visa status and will be ready for k1 interview...but I was wondering ...if my application for visitors or business visa will affect negatively on my k1 visa?

Also what are you views for business visa?rather than visitors visa?


Nope. A visitor's visa or a business visa (don't anything specific about those) will not mess up your K1 application as long as you abide by the rules of the visa.

I don't quite know what you mean by "business visa" though. It's not something I'm familiar with.
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