American to Marry South African Fiance in U.S.

[pushbrk 12,173]

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.

Just confirming that S.A. citizens require a visa to visit Canada. That should actually be pretty easy to get though. "Working the system" is always dangerous as, visa or not, entry to the US or any other country is not gauranteed.

Your best bet is to be fully prepared to file the I-130 as soon as you have a marriage certificate in hand. Predictions of future timelines are much shorter today than they were in January when this topic was first opened. In January would have and probably did advise you to prepare for a nine month process. Today, there's no reason to to expect it to take more than five or six months from filing to CR1 visa interview. The backlog appears to be cleared. We've seen petitions approved (just the first phase of a three-phase process) in as short as 12 days with many taking between 4 and 6 weeks instead of last fall's six months or more. This trend didn't become observable until February and March.

With that in mind, a single 90 day visit followed by a couple months back home to make arrangements to leave, get the needed medical and interview for the visa is all you may really be looking at. I would be inclined to arrange to visit her in S. A. for a month or so and bring her home. To accomplish this doing it yourself will require that you become a good student of the system instead of looking for ways to work or game the system.

[iLoveAPolishGirl 0]

Ok, apparently few people here understand B-2 visas...

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

... and all comments about some mythical 90 day max duration of visit ...

Sorry, there ARE concrete and specific regulations:

8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2( b ) Visitors --

http://www.uscis.gov/propub/ProPubVAP.jsp?...8e046afc8800b72

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each ...

(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid ...

dvc

[Anh map 2,098]

Yes, there is a range of time that the CBP officer can assign. No specifics. Our colleague Polish has done the work for you on the definition of the range.

[iLoveAPolishGirl 0]

Exactly... and that time range STARTS at 6 months Even if you ask for less.

dvc

[iLoveAPolishGirl 0]

oh, no one responded to this...

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?

I would not recommend trying that! There is no stated upper limit on the total time one may stay on a B-2 visa, however, once she leaves she would have to get re-admitted, and most likely a very short stay home would be viewed unfavorably. A short visit to, say Canada, followed by re-entry after the I-94 has expired would probably be viewed even less favorably. (a visit of up to 1 month to Canada, Mexico, etc, prior to I-94 expiration is fine, but it would not change the expiration of the I-94 in any way.)

Nearly all B-2's are granted 6 months on the I-94 ... I'm only aware of a single (rather special and unusual!) case getting more time. I'd be hesitant to ask for more, as I would fear that might cast suspicion on her. So if you need more time than that, I'd suggest applying for a 6 month extension say 5 months or so into her visit.

I would instead suggest petitioning for additional time if the time alloted on the I-94 is running out with no indication of finalizing the K-3 or CR-1 or whatever path you choose. This costs over $300 though and there are no guarantees.

Additionally, as others have stated, I personally would avoid having your fiancee say anything about marriage when coming here. It's always best to simply smile and say you're on holiday ... there's no need to mention anything about a fiancee or marriage unless specifically asked (which she won't be unless she says something first.) And, all those 'proofs' of intent to return may well be ignored by the border officer if he's decided deny entrance and he well might if the word 'marriage' occurs in the interview! I've read such stories here on VJ. Indeed, I don't recall reading *any* stories where a border agent looked at any such papers "proving" intent to return. I did read one where it was said the border agent very specifically refused to look at any papers because they might be forged.

(That 90-day per visit and 180 day total limit people mentioned previously applies to the VWP program, not B-2 visas, btw.)

Best of Luck!

dvc

[abrandt 0]

Hello Anh Map, Gary & Alla, pushbrk and ILoveAPolishGirl!!!

WOW!!! Thank you for your tremendous responses!!!

Let me first say, that we are NOT in any way attempting or interested in "working" or "gaming" the system.

I simply posted WHAT WE HONESTLY AND HOPEFULLY WOULD LIKE TO ACCOMPLISH which I clearly understood when could be perceived as "ignorant of the law" or "naive", etc... but that is why we are asking questions... and hopefully evolving to ask the "RIGHT QUESTIONS" so that we may responsibly and competently "do things things right the first time out the gate."

Having said this, I am quite competent within my own fields of expertise... and I'd like to say... generally speaking... that I consider it to be, at minimum, ungenerous... in the most generic terms... to infer or suggest someone is being disingenuous or "gaming or working the system" when newbie questions are being openly posted. I am not saying this just for our own benefit, but for all immigration newbies who may come to visit VJ to learn and get themselves educated and up to speed. Please don't anyone take this personally... however I make this recommendation so that VJ may continue to be a friendly and user-friendly environment.

So for the record, we are participating at VJ with the full intent of doing everything responsibly and correctly . I hope this issue is now clarified for all.

Based on your comments... my fiance and I need have some homework to do... and we'll promptly get back... hopefully with more "intelligent" and "better informed" questions!

Thank you all, sincerely!!!

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 10, 2009 by abrandt

[pushbrk 12,173]

Hello Anh Map, Gary & Alla, pushbrk and ILoveAPolishGirl!!!

WOW!!! Thank you for your tremendous responses!!!

Let me first say, that we are NOT in any way attempting or interested in "working" or "gaming" the system.

I simply posted WHAT WE HONESTLY AND HOPEFULLY WOULD LIKE TO ACCOMPLISH which I clearly understood when could be perceived as "ignorant of the law" or "naive", etc... but that is why we are asking questions... and hopefully evolving to ask the "RIGHT QUESTIONS" so that we may responsibly and competently "do things things right the first time out the gate."

Having said this, I am quite competent within my own fields of expertise... and I'd like to say... generally speaking... that I consider it to be, at minimum, ungenerous... in the most generic terms... to infer or suggest someone is being disingenuous or "gaming or working the system" when newbie questions are being openly posted. I am not saying this just for our own benefit, but for all immigration newbies who may come to visit VJ to learn and get themselves educated and up to speed. Please don't anyone take this personally... however I make this recommendation so that VJ may continue to be a friendly and user-friendly environment.

So for the record, we are participating at VJ with the full intent of doing everything responsibly and correctly . I hope this issue is now clarified for all.

Based on your comments... my fiance and I need have some homework to do... and we'll promptly get back... hopefully with more "intelligent" and "better informed" questions!

Thank you all, sincerely!!!

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

References to "working the system" are based on the suggestion of making a short visit to Canada to re-start the clock on the visitor status AND earlier communication where the phrase "that's not acceptable" came up several times when you heard the rules. I'm glad you want to do everything legally and admire the tenacity at looking for the best options available. As I recall your case is complicated by the need to deal with the immigration of additional family members, so take care that any advice you ask for, includes those "complications".

Organizers, please note this is not a K1 case. Please move to the appropriate forum.

Edited May 10, 2009 by pushbrk

[abrandt 0]

abrandt wrote: Let me first say, that we are NOT in any way attempting or interested in "working" or "gaming" the system.

pushbrk wrote: I'm glad you want to do everything legally and admire the tenacity at looking for the best options available.

Appreciate, pushbrk.

pushbrk wrote: As I recall your case is complicated by the need to deal with the immigration of additional family members, so take care that any advice you ask for, includes those "complications".

Everything is complicated when one knows nothing. The "STUPID STAGE" is always PAINFUL!!! The good news is... it doesn't last very long when elbow grease is applied! It's an exercise in "humble pie" !!!

1. My fiance's daughter (just turned 18) has chosen to Au Pair in the U.S. through an SA registry, for which she is preparing to meet all requirements.

2. Her son, has decided that he wants to finish his high school in SA, since by the time U.S. Immigration processing is completed, he could graduate in SA by that time...

after graduation

he then very much desires to leave SA and

unite with us in the U.S.

Forum, further comments much appreciated!

Will do our homework and get back soon.

Positively,

Alan

[pushbrk 12,173]

abrandt wrote: Let me first say, that we are NOT in any way attempting or interested in "working" or "gaming" the system.

pushbrk wrote: I'm glad you want to do everything legally and admire the tenacity at looking for the best options available.

Appreciate, pushbrk.

pushbrk wrote: As I recall your case is complicated by the need to deal with the immigration of additional family members, so take care that any advice you ask for, includes those "complications".

Everything is complicated when one knows nothing. The "STUPID STAGE" is always PAINFUL!!! The good news is... it doesn't last very long when elbow grease is applied! It's an exercise in "humble pie" !!!

1. My fiance's daughter (just turned 18) has chosen to Au Pair in the U.S. through an SA registry, for which she is preparing to meet all requirements.

2. Her son, has decided that he wants to finish his high school in SA, since by the time U.S. Immigration processing is completed, he could graduate in SA by that time...

after graduation

he then very much desires to leave SA and

unite with us in the U.S.

Forum, further comments much appreciated!

Will do our homework and get back soon.

Positively,

Alan

Then if you take the CR1 path for the then wife, the similar CR2 path is appropriate for the son. Depending on timing all can be done together and the son can travel separately, if needed, during the six months following visa issue.

[elmcitymaven 9,711]

Moving this to the CR1/IR1 forum -- assuming the OP is now going down the CR1 path? Someone correct me if I've missed something here.

[kaffy 2]

To answer your question on where to live when you are waiting for your fiance/wife's visa to come through.. why not live in SA with her? Applying for and obtaining a valid residency visa for a country foreign to the both of you can be a difficult and time consuming process if you cannot prove existing ties or a valid reason for wanting to stay in that country (i.e. work, family, schooling, etc)

[abrandt 0]

Hi Kaffy:

Kaffy wrote: why not live in SA with her?

Thanks for the suggestion... however... from my SA fiance's point of view...living conditions in SA are bad and getting worse. From my point of view, with the 6 to 9 hour time difference from the U.S.A., my consulting work from SA to U.S.A. would not be possible.

Much appreciate!

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 11, 2009 by abrandt

[abrandt 0]

Hi pushbrk:

pushbrk wrote: Then if you take the CR1 path for the then wife, the similar CR2 path is appropriate for the son. Depending on timing all can be done together and the son can travel separately, if needed, during the six months following visa issue.

Sounds good... back to homework, esp. CR-1!

Additional forum comments are very welcomed!

Much appreciate!

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 11, 2009 by abrandt

[abrandt 0]

Hello ILoveAPolishGirl:

Special thanks for these IMPORTANT details:

- (post #32) 8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2( b ) Visitors

- (post #35) Nearly all B-2's are granted 6 months on the I-94...

Much appreciate!

Thank you in advance for any additional forum 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 11, 2009 by abrandt

[It's me 1]

Hello ILoveAPolishGirl:

Special thanks for these IMPORTANT details:

- (post #32) 8 CFR PART 214 -- NONIMMIGRANT CLASSES\Sec. 214.2( b ) Visitors

- (post #35) Nearly all B-2's are granted 6 months on the I-94...

Much appreciate!

Thank you in advance for any additional forum 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

i wish you and your love best wishes