fiance wants to come to the US then get married Help!!!

[lavidboys 0]

Ok my fiance want to come to the US. I am in the process of fillin the I-129f.

She's afraid that it may take a while. So she want to come and fill the form here, I dont know if thats the best choice.

We have been apart for about 3 months and the next time she come will be her final time before we get married.

Would I have any problems filing the form here in the US and what form should I fill out.

[Kathryn41 3,207]

You can file the fiance form - the I-129f petition - while she is here, but she will have to go home and finish up the process in her home country. The K-1 visa is issued by the US Consulate in her home country. If she is suggesting coming here, getting married, and then staying here without going back home, that is illegal and called visa fraud. It means using a visitor's visa for a purpose other than a visit, and can result in very serious consequences - voluntary departure or deportation and a life time ban of ever being allowed back into the US. You would have to consider going to join her in her country.

If she arrived with no intent of getting married and staying, then you decided on the spur of the moment to get married and stay, that is legal, however, it is up to you to prove you had no intention of getting married when she entered the US. If they do not believe you and deny her the green card, there is no right of appeal and she has to leave the country.

She can come to the US, get married and then return home for the processing of her green card (CR-1) visa or a K-3 visa through the US consulate in her home country. The illegal part is staying in the US after getting married and trying to become a legal resident without returning to her home country.

I know it is difficult being apart. Unfortunately, there is no legal or quick way around the process. All of us here who are pursuing the legal options have had to face the challenges and difficulties of being apart far more than we want. Marriage is an adult decision and sometimes making adult decisions means dealing with things we don't enjoy or don't like but are necessary. The legal processes of immigration is one of these.

Good luck to the two of you. Enjoy your visit, but don't try to take any illegal short-cuts - they will come back to haunt you.

Edited January 20, 2009 by Kathryn41

[Gary and Alla 3,696]

Ok my fiance want to come to the US. I am in the process of fillin the I-129f.

She's afraid that it may take a while. So she want to come and fill the form here, I dont know if thats the best choice.

We have been apart for about 3 months and the next time she come will be her final time before we get married.

Would I have any problems filing the form here in the US and what form should I fill out.

It WILL take a while. Her coming here will not make it any faster, but you will be together. If she enters the US under a tourist visa or visa waiver program with the INTENT to get married and file for AOS it is considered immigration fraud.

Best bet is to file the I-129f form as soon as possible and wait. She can come and visit in the meantime (if she is not required to have a visa for visiting)

[Jasman0717 9]

Take a look at the Immigration Timelines link at the top of the page, maybe the stats there will help.

[msu17 0]

Where either of you when you file the I-129f doesn;t matter. The non-USC will have to be in their home country (or current country of residence) for their interview, but their local at filing isn't important. Nothing is going to speed this up. If she wants to visit and has the ability to visit (visitors visa or VWP) she can at any point during the visa process.