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Looking to marry my Peruvian gf

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Hey all! I met my girlfriend through eharmony back in January. I've met her in person twice. We're in love and want to marry (we've already agreed to it ASAP).

I dunno if you guys can answer all of these, but any insight is appreciated.

1. Is it legally possible/advisable to live with my fiance on her traveler's visa until the wedding? She's been using her travelers visa to live in Canada with her sister (with a time limit of course), so can she live with/near me for a few months? (I realize the k1 takes longer than that).

2. Must my fiance be in her home country to file for k1? when the filing occurs? So could she, a Peruvian, be living with her sister in Canada when I file for k1?

3. Can my fiance work for her family BEFORE the k1 is approved? She has family with a business in Jersey, and they're convinced that her working for them is no big deal. I'm pretty sure that's illegal and could get her deported forever.

4. If I'm a student, what must I file as a statement of support? I met with a lawyer and she said that my parents could help with that.

5. What forms can we file simultaneously to ensure my fiancee can work as soon as the k1 is approved?

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1. Does she have a US Visa?

2. No

3. If she has a work visa, yes.

4. I 864 and yes

5. You file for work after you marry as part of the adjustment process, takes 90 days. Or so.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Your reply to 2. : do you mean "no," she can't be in Canada when we apply for the k1, or "no," she doesn't have to be in Peru when I apply?

She has a b1/b2 tourist visa. She's visited me once here already, so I'm assuming that means it's a us visa?

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1. Is it legally possible/advisable to live with my fiance on her traveler's visa until the wedding? She's been using her travelers visa to live in Canada with her sister (with a time limit of course), so can she live with/near me for a few months? (I realize the k1 takes longer than that).

Sure

2. Must my fiance be in her home country to file for k1? when the filing occurs? So could she, a Peruvian, be living with her sister in Canada when I file for k1?

No.

3. Can my fiance work for her family BEFORE the k1 is approved? She has family with a business in Jersey, and they're convinced that her working for them is no big deal. I'm pretty sure that's illegal and could get her deported forever.

Only with a valid work visa. If not, then No.

4. If I'm a student, what must I file as a statement of support? I met with a lawyer and she said that my parents could help with that.

Any USC can be a cosponsor. Both of you will submit 134 forms and documentation.

5. What forms can we file simultaneously to ensure my fiancee can work as soon as the k1 is approved?

After she arrives in the US on the K-1, you marry and then file for AOS (which will include the EAD and AP forms). The EAD allows legal work and takes about 2-3 months.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Hey all! I met my girlfriend through eharmony back in January. I've met her in person twice. We're in love and want to marry (we've already agreed to it ASAP).

I dunno if you guys can answer all of these, but any insight is appreciated.

1. Is it legally possible/advisable to live with my fiance on her traveler's visa until the wedding? She's been using her travelers visa to live in Canada with her sister (with a time limit of course), so can she live with/near me for a few months? (I realize the k1 takes longer than that).

2. Must my fiance be in her home country to file for k1? when the filing occurs? So could she, a Peruvian, be living with her sister in Canada when I file for k1?

3. Can my fiance work for her family BEFORE the k1 is approved? She has family with a business in Jersey, and they're convinced that her working for them is no big deal. I'm pretty sure that's illegal and could get her deported forever.

4. If I'm a student, what must I file as a statement of support? I met with a lawyer and she said that my parents could help with that.

5. What forms can we file simultaneously to ensure my fiancee can work as soon as the k1 is approved?

1. Are you talking about living with your fiancée in Canada on her visitor's visa, or in the US? She won't be able to live with you in the US (she can temporarily stay with you for as long as she is authorized), and no matter where she lives, she will still need to return home to her country for visa processing and the embassy interview.

2. Your fiancée does not need to be in her country to file. She only needs to be there when it's time to process her visa application and attend the embassy interview.

3. No, your fiancée cannot work on a visitor visa. It does not matter whether she is even paid or not, or if she is just wanting to help her family out. She can't do it.

4. For the initial I-129F petition, you don't need a statement of support. When your petition is approved and your fiancée applies for her K-1 visa, you will need the I-134 for the embassy interview. You can use your parents as a co-sponsor if your income is not enough, and they would need to fill out an I-134 as well.

5. Your fiancée will not be able to work until she has employment authorization. The best way is to apply for the EAD (employment authorization) after marriage and applying for adjustment of status. It will take between 60 to 90 days to be able to work after filing for AOS. So if you get married and file AOS in the first week of her arrival to the US on a K-1 visa, she will need to wait between 2 and 3 months to be able to work.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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Thank you all so much for taking time to reply!

Just a quick point of clarification: *I* apply for the k-1 for her, right? Because I'm the "petitioner?"

My plan as of now is: Have her come "visit" for a few months to lessen the ridiculous pain of a long distance relationship. While she's visiting, I get the k-1 rolling. She stays until either 1) her travel time expires (she has a tourist visa) or 2) they tell us it's time for her to do the interview in Peru. She then does the interview and hopefully we'll be approved. We are then married and go for AOS from there.

Personal question... how on earth do you plan for a wedding with all this?!? We're hoping for a 7-month-ish processing time for k-1... some folks say that's about right, others are saying it's way too optimistic.

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How do you start the K-1 from inside the U.S.? I was under the impression that it has to be filed abroad. And I'm not sure but if she doesn't have residency in Canada I don't know if the U.S. Embassy will accept a K-1 petition there.

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Thank you all so much for taking time to reply!

Just a quick point of clarification: *I* apply for the k-1 for her, right? Because I'm the "petitioner?"

My plan as of now is: Have her come "visit" for a few months to lessen the ridiculous pain of a long distance relationship. While she's visiting, I get the k-1 rolling. She stays until either 1) her travel time expires (she has a tourist visa) or 2) they tell us it's time for her to do the interview in Peru. She then does the interview and hopefully we'll be approved. We are then married and go for AOS from there.

Personal question... how on earth do you plan for a wedding with all this?!? We're hoping for a 7-month-ish processing time for k-1... some folks say that's about right, others are saying it's way too optimistic.

Let me clarify something. There are 2 stages to the process: petitioning for your fiancée, and applying for the visa.

The first stage is filing the I-129F petition for your fiancée. This petition once approved will allow your fiancée to apply for the K-1 visa.

So YOU, the petitioner, will first file the I-129F petition. Later on, your fiancée will apply for her K-1 visa.

As far as planning the wedding, the easiest would be to just have a legal wedding (to fulfill the requirements of getting married within 90 days) and plan for a wedding ceremony later.

How do you start the K-1 from inside the U.S.? I was under the impression that it has to be filed abroad. And I'm not sure but if she doesn't have residency in Canada I don't know if the U.S. Embassy will accept a K-1 petition there.

The petitioner is the one to file the I-129F petition. I started the I-129F petition for my wife while inside the US, and so have many others.

If she has residency in Canada, then yes she can interview at the US embassy there.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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I'll clear this up.

No you don't apply for the k1 for her.

You send off a I-129f petition that later if approved allows her to apply for a k1 visa.

Once the I-129f is approved that gives her permission to take a medical and attend an interview to apply for a k1 visa.

Edit- beaten to the punch!

Edited by Cody and Daisy

My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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If she has residency in Canada, then yes she can interview at the US embassy there.

Thanks for the info. It looks like OP can get the ball rolling on his initial paperwork, but based on the way he phrased his earlier posts, it looks like his girlfriend is on a Canadian tourist visa. Unless there is some missing info, I assume she cannot apply for a K-1 from there.

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Oh wow. Interesting. So if she's not a resident of Canada, she has to file a petition from PERU??? Oi vey.

So I guess she'd have to go back home to Peru and file, at which point she can, if we choose, come visit me in the US while her k-1 processes?

I wonder how often/when she would have to return to Peru while it's in process...

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I think that you need to read the guides...YOU file the petition. She doesn't do anything until medical/interview etc.

Not 100% true, she still has to get a passport photo and fill in that G something document, sign it and send it.


Filed k1 - 08/20/2015

NOA1 - 08/25/2015

NOA2 - 9/17/2015

NVC Received - 10/14/2015

Send to Amsterdam - 10/16/2015

Amsterdam received - 10/19/2015

Packet 3 in the mail - 10/22/2015

Packet 4 in the mail - 11/3/2015

Medical - 11/23/2015

Interview !!!! - 12/3/2015 Approved !!!

POE - 12/15/2015 (finally)

 

Wedding 01/15/2016 !!

 

AOS!

(unfortunatly we were not able to file any time sooner.)

 

Filed AOS - 03/15/2017

Noa 1 - 03/30/2017

Biometrics - 04/21/2017
RFE - 04/10/2017

Send RFE back - 06/18/2017

RFE Recieved (status changed) - 06/27/2017

EAD/AP Approved - 09/18/2017

 

 

rsz_waitisover1.jpg.e64ce44221da1246df04d25bf6a04bab.jpg

 

                                                                                                                                                   

 

 

 

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