American to Marry South African Fiance in U.S.

[pushbrk 12,243]

Hello pushbrk, msu17 and Kathryn41:

Thank you for making me aware of pertinent details not disclosed at:

Direct Consular Filing

http://www.visajourney.com/forums/index.ph...mp;page=compare

.

Outside of my fiance coming to visit me in the U.S. ... marrying here... returning in 2-3 weeks to SA... later visiting together from time to time (U.S. or elsewhere)... and waiting 8 to 10 months for U.S. Immigration paperwork for U.S. permanent residence... are there any other viable options???

Thanks much in advance

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes" smile.gif

01/17/09 - posted request for help at VISAJourney.com

"Residing" in any country for other than citizens generally involves immigration procedures in that country. Visiting tends to be easier. The comparison you read contained the following.

U.S. consulates typically will only do this for US citizens who are residents, however if you do qualify, it can be the quickest route, depending on their wait time for the interview. Contact your respective Consulate to determine if this option is valid.

The reason you must contact the respective Consulate is at least two-fold. First, procedures tend to change without much or sometimes any notice and they do vary by country.

No, I don't see any legal option available to you other than what you list in your conclusions above, that can be. The "visa journey" is something the veterans in the "upper forums" have already experienced and with few exceptions we all spent significant time separated from a spouse or fiance(e) or in the loved one's country or both. It comes with the territory of international couples.

[Nicolle 0]

I am American and My fiance is also from South Africa. We too had planned on marrying while he was here on vacation under a tourist visa but after reseaching we learned that by doing that he would not be allowed back in the US until the process was complete. Instead we decided to file for the K1 visa and then after we sent the paperwork off, he went to the embassey in Johannesburg with all the proper documents and they granted his a tourist visa right there on the spot!! he came over here on vacation to visit me for three months! So while our paperwork was being processed he was in America with me visiting.. when his visa expires and he returns home we wont have to be apart for that much longer.. so to speak. If you get married while your fiance is on a tourist visa then you will have to file for a K3 visa and from what I gather those Visas take a little longer to process. I mean if you file for the K1 visa then your fiance can still come to the US on vacation as long as they do not stay past their expiration date.

[pushbrk 12,243]

I am American and My fiance is also from South Africa. We too had planned on marrying while he was here on vacation under a tourist visa but after reseaching we learned that by doing that he would not be allowed back in the US until the process was complete. Instead we decided to file for the K1 visa and then after we sent the paperwork off, he went to the embassey in Johannesburg with all the proper documents and they granted his a tourist visa right there on the spot!! he came over here on vacation to visit me for three months! So while our paperwork was being processed he was in America with me visiting.. when his visa expires and he returns home we wont have to be apart for that much longer.. so to speak. If you get married while your fiance is on a tourist visa then you will have to file for a K3 visa and from what I gather those Visas take a little longer to process. I mean if you file for the K1 visa then your fiance can still come to the US on vacation as long as they do not stay past their expiration date.

The foreign spouse can visit as well, provided they are granted entry. That's never gauranteed. There's not difference in that regard between people following a fiance(e) or spouse visa path.

[abrandt 0]

Hello pushbrk & Nicolle:

We really appreciate your responses! Thank you so much!

Nicolle, you said:

We too had

planned on marrying

while he was here on vacation under a tourist visa

but after researching we learned that by doing that he

would not be allowed back in the US until the process was complete

. Instead we decided to

file for the K1 visa

and then after we sent the paperwork off, he

went to the embassy in Johannesburg with all the proper documents

and they

granted his a tourist visa right there on the spot!!

he came over here on vacation to

visit me for three months

!

So while our paperwork was being processed he was in America with me visiting.. when his visa expires and he returns home

we wont have to be apart for that much longer

...

2-QUESTIONS:

1) Could my fiance and myself possibly be eligible for a K1 Visa prior to physically meeting?

2) How long did it take for your K1 Visa processing?

Pushbrk, you said:

The

foreign spouse can visit

as well,

provided they are granted entry. That's never gauranteed.

There's not difference in that regard between people following a fiance(e) or spouse visa path.

The issue for us is... living together prior to marriage is NOT an option... this is our reason for getting married upon my fiance's 1st visit to be together. Pushbrk has made us aware that my fiance would not be able to reenter the U.S. until all Immigration papers have been approved. So we clearly understand this... so our thinking is that our only solution is to meet as a married couple OUTSIDE the U.S. every so many weeks until Immigration is 100% completed for my wife's legal reentry.

Whatcha think about that???

Thanks so much again for your help!!!

Edited January 29, 2009 by abrandt

[Zee Bee 61]

One of the requirements for the K1 is to have met physically once within the past 2 years. You will be denied if you have not satisfied this requirement and that will be $455 down the drain.

K1 visa processing varies but is usually 6-8 months, give or take. Take a look at the timelines to get a better idea of the timelines. You can also filter for South Africa to see what those general timelines are.

[pushbrk 12,243]

Pushbrk has made us aware that my fiance would not be able to reenter the U.S. until all Immigration papers have been approved.

I made you aware of no such thing. There simply is no assurance she would be granted entry. If she were granted entry, it would not be for the duration of the process but for a visit of 60 or 90 days. You can read all about visiting during the process. It's the number one FAQ.

When we talked, your plan was to live together in a third country during the visa process, so we focused on the fact that you would both need to comply with immigration laws in whichever country you ultimately managed to be together in. This was going to be complicated by the fact there is a school age son to accomodate. When you returned to the forum talking about visiting, I concluded you had abandoned the third country residence idea based on the complications associated with the son's schooling.

No, you cannot obtain a fiance visa without meeting in person.

[abrandt 0]

Hello pushbrk & Zee Bee:

Thank you very much for your replies.

pushbrk has made us aware that my fiance would

NOT

be able to reenter the U.S. until all Immigration papers have been approved.

pushbrk wrote Jan. 29 - 12:04 PM PST:

Sorry, I mean you misread "might not" as "would not". There is no guarantee of admission even with a visa but people visit the US quite frequently during the spouse visa process. It's the most discussed subject on the boards.

1. pushbrk: I apologize for making myself misunderstood. We clearly understand that if we should marry within the U.S. ... and my wife properly leave the U.S. after our short visit... then as a foreign wife she would NOT be allowed to REENTER the U.S. "for the duration of the process" until U.S. Immigration approves her reentry.

Just for the record, pushbrk, my fiance and I really do appreciate your diligent effort to be clear and succinct in your languaging... and I am certain that your efforts are successful in teaching many forum members the Immigration ropes and potentially how to avoid pitfalls and heartaches! Thank you!!!

Zee Dee wrote:

One of the

requirements

for the

K1

is to have

met physically once within the past 2 years

.

You will be denied if you have not satisfied this requirement and that will be $455 down the drain

... K1 visa processing varies but is

usually 6-8 months

, give or take.

Thank you, Zee Dee. Very clear! Got it! Much appreciate.

2. Being a newbie to Immigration, I wonder if a K3 Visa might then be our only option?"

pushbrk wrote Jan. 29 - 12:04 PM PST:

No, the K3 is not your only option. CR1 would be my recommendation.

Thank you, pushbrk! Back to the drawing board for me! I will search VJ to "bone-up" about CR1's.

Any additional thoughts are always appreciated!

Edited January 30, 2009 by abrandt

[pushbrk 12,243]

I think our misunderstanding stems from easily misunderstood language.

Your "wife" can visit the US for as long as the CBP officer allows upon entry but a B2 visa does not guarantee of entry. She doesn't have to wait until she has a spouse visa to visit but she can't move here or reside here until she has the appropriate visa. Or, she can visit, not immigrate.

What she can't do is leave, re-enter and remain here while the spouse visa process plays out, then hop back to SA for an interview.

She probably can visit. She can't reside here until she's granted permission to reside. It's the same issue you would have with any third country except you would each have the issue to deal with instead of just one of you. The efficient path is a CR1 visa for her and a CR2 visa for her son.

[abrandt 0]

Hello Forum:

Time to pick-up the torch again!

It's my goal to bring my fiance from S. Africa to the U.S.A within the next few weeks.

We've clocked over 3,000 hours dating long-distance via email, Skype text and video... we've earned our pilot's license... and now we both very much desire to be married before we exit the airport when she arrives!

She has a visitor VISA valid until 2011.

I'm going to attempt to ask the right questions here.

If I miss any, please fill me in.

QUESTIONS:

1. How long can she stay in the U.S. until she has to leave?

2. When she leaves, can she make a short visit, for example to Canada, and then re-visit in the U.S. until she needs to leave again?

3. I reviewed the CR-1 info... and didn't understand very much! Where from here?

Thank much in advance for all your great comments!

Alan

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes"

01/17/09 - posted request for help at VISAJourney.com

05/08/09 - resume VJ education to proceed forward

Edited May 9, 2009 by abrandt

[blue123 0]

I have a suggestion, consider the K3, without involving another country, I married in USA and we filed while I was there our petition took 67 days between NOA1 (date they received our petition) until offered interview date, we have decided to wait for the CR-1, even if your petition took longer you could get married and she could stay with you until it was time for medical and interview in SA, normally B2 for 6 months and unless there are complications you may only be apart a few weeks. If complications do arise then consider a third country.

[Jauque 1]

QUESTIONS:

1. How long can she stay in the U.S. until she has to leave?

2. When she leaves, can she make a short visit, for example to Canada, and then re-visit in the U.S. until she needs to leave again?

3. I reviewed the CR-1 info... and didn't understand very much! Where from here?

1. This will depend entirely on what happens when she crosses the border. If she tells the officer her intention is to marry you then she will likely either a) be turned around and told to apply for a finace visa or B) given an i-94 which will have a specific date that she must be out of the US by. Will she have a return airline ticket? Without this it could be very difficult to get into the US. If she says her intention is to visit you then I believe the maximum lenth of stay is 90 days. I'm sure someone will correct me on this if I'm wrong.

2. You said her visitors visa is good until 2011. I don't really know anything about visitors visa if its a one time use visa than the answer would be no as she will no longer have the visa after her first entry, however if a visitors visa is multi-use then this could be an option however if the CBP agent feels that she is spending more time in the states then in SA then she will likely have trouble reentering.

3. Check the guides which are posted on the second sticky topic under the RFE master list.

In my experience even as a canadian and having no visa requirments imposed on me its very difficult traveling to the US. They always emphasize that I CANNOT get married during my visit followed by vague descriptions of the certain doom that would result.

Best of luck!

[abrandt 0]

Hello Blue123 and Kate & Matt!

Thank so much for your responses!

1. My fiance's SA VISITOR VISA is a type B1 - class B2 - valid until April 2011.

2. She will have a return AIRFARE ticket... we just need to determine if it will be to SA or can be someplace closer (e.g. Canada, Mexico, etc.).

According to pushbrk, a CR-1 might be our best option... which we would be gladly prepared to wait out the approx. 10-months processing time as long as we are able to have LONG visits.

So I will post the same questions again:

QUESTIONS:

1. HOW long can she stay in the U.S. until she has to leave?

2. HOW soon can she return?

When she leaves, can she make a short visit, for example to Canada, and then re-visit in the U.S. until she needs to leave again?

3.

"medical and interview in SA, normally B2 for 6 months"

... WHAT does this really mean and is it required?

4. I reviewed the CR-1 info... and didn't understand very much! Where from here?

Looking forward to hearing back soon!!!

Thanks so much!

Alan

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes"

01/17/09 - posted request for help at VISAJourney.com

05/08/09 - resume VJ education to proceed forward

[Anh map 2,098]

Hello Blue123 and Kate & Matt!

Thank so much for your responses!

1. My fiance's SA VISITOR VISA is a type B1 - class B2 - valid until April 2011.

2. She will have a return AIRFARE ticket... we just need to determine if it will be to SA or can be someplace closer (e.g. Canada, Mexico, etc.).

According to pushbrk, a CR-1 might be our best option... which we would be gladly prepared to wait out the approx. 10-months processing time as long as we are able to have LONG visits.

So I will post the same questions again:

QUESTIONS:

1. HOW long can she stay in the U.S. until she has to leave?

2. HOW soon can she return?

When she leaves, can she make a short visit, for example to Canada, and then re-visit in the U.S. until she needs to leave again?

3.

"medical and interview in SA, normally B2 for 6 months"

... WHAT does this really mean and is it required?

4. I reviewed the CR-1 info... and didn't understand very much! Where from here?

Looking forward to hearing back soon!!!

Thanks so much!

Alan

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes"

01/17/09 - posted request for help at VISAJourney.com

05/08/09 - resume VJ education to proceed forward

There are no concrete guidelines as to how long your fiance will be allowed to stay in the US. That decision is made by the Customs Border Patrol officer at her port of entry. See this web page from US State Dept. website. http://travel.state.gov/visa/temp/types/types_1262.html

I suggest that you reread the Guides here on VJ. They answer your questions with regard to steps in the process and requirements. This is a do it yourself site where self education is the best tool for a successful visa petition.

[Gary and Alla 3,694]

Hello Forum:

I'm completely new to IMMIGRATION issues. Would really appreciate some pointers.

I reviewed 20 pages under K-1 Fiance(e) Visa Process & Procedures General Discussion... but did not find any postings

I met my fiance (SA) by introduction over the Internet.

Our plan is to have my fiance fly to the U.S. in mid-March (has a valid visitor VISA)... marry upon arrival... stay for 2-weeks... return to SA... and then return somewhere outside the U.S. for us to be together until all paperwork is in order to return.

1. Is this understanding correction?

My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S. Therefore my thinking is, we will have to live outside the U.S. for the duration of some 7-10 months until immigration papers are in order.

2. If the above assumption is correct:

Where would be the best place for me to live outside the U.S. within U.S. time zones that offers the following: 1) Safety for Americans; 2) Low cost of living; 3) Broadband availability so I can work and call U.S. companies reliably. Places that come to mind that are close are: Bahamas, parts of Mexico, Canada. ANY SPECIFIC PLACES YOU CAN RECOMMEND?

3. What immigration paperwork will I need to file after we are married?

I'm sure there are issues I am completely unaware of and should have asked ... so please feel free to comment openly.

THANK YOU in advance for all that I am going to learn here at VISAJourney.com!

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - I proposed and got a big "yes"

I will comment openly first. It is daft to have a woman you never met from a high visa fraud country fly to the USA and marry her the first time you see her and I do not care that she is a Mormon. That said, it is your life, do as you wish as it will have absolutely -0- affect on MY life, and I am a devout Libertarian.

After marrying she will have to leave the USA when her permission to stay expires, usually 90 days. She can re-enter if she still has a valid tourist visa, within the terms of that visa.

Choose where you want to live, I think you are aware of what parts of the world are in our time zones, it is pretty well limited to North and South America. I would prefer Canada over Mexico myself, but I do not mind the cold and I speak French. I prefer Montreal, but I may be biased as it is my "local city" and go there often.

You would file a CR-1 or K-3 visa for which she will have to return to her country for an interview but you could wait it out somewhere else most of the time. You must have a valid US mailing address throughout the process, but I am sure you can handle that.

Good luck. Be careful

[Gary and Alla 3,694]

Hello Blue123 and Kate & Matt!

Thank so much for your responses!

1. My fiance's SA VISITOR VISA is a type B1 - class B2 - valid until April 2011.

2. She will have a return AIRFARE ticket... we just need to determine if it will be to SA or can be someplace closer (e.g. Canada, Mexico, etc.).

According to pushbrk, a CR-1 might be our best option... which we would be gladly prepared to wait out the approx. 10-months processing time as long as we are able to have LONG visits.

So I will post the same questions again:

QUESTIONS:

1. HOW long can she stay in the U.S. until she has to leave?

2. HOW soon can she return?

When she leaves, can she make a short visit, for example to Canada, and then re-visit in the U.S. until she needs to leave again?

3.

"medical and interview in SA, normally B2 for 6 months"

... WHAT does this really mean and is it required?

4. I reviewed the CR-1 info... and didn't understand very much! Where from here?

Looking forward to hearing back soon!!!

Thanks so much!

Alan

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes"

01/17/09 - posted request for help at VISAJourney.com

05/08/09 - resume VJ education to proceed forward

1. Depends on visa, typically 90 days for tourist visa

2. Depends on visa, usually not more than 180 days per year with tourist visa, if she needs a visa for the USA she will probably need one for Canada also. They do not just admit people for the purpose of re-upping their US tourist visa, it IS a separate country and they have their own immigration rules (really!) She cannot just go shopping in Vancouver for the afternoon and come back the USA for dinner. She will need tourist visas for wherever she goes unless Canada has a VWP with South Africa. I doubt it.

3. I suggest you read it again and again and read the forums reagrding the CR-1. You will get the hang of it. When you understand what you don't understand, post a question here.

You will find VJ member Pushbrk a valuable resource, heed what he says, he knows of what he speaks.