From Ireland to the US - is the K-1 visa our only option?

[twohearts 0]

Hello Visa Journey community,

My fiance and I are currently debating whether or not to apply for the K-1 Fiance Visa. He is from Ireland and I am from New Jersey and want to be married in a civil ceremony as easily and quickly as possible.

Is it possible for us to get married by the state of New Jersey, in a Justice of the Peace ceremony without the Fiance visa? For instance if he came over to the states through the Visa Waiver program and was allowed to stay for 90 days, could we get married by the JOP during that time?

The reason why I ask is because we would very much like our wedding in the Church to take place on May 13, 2010 and I am a bit worried that that may not be able to happen if we go the route of applying for a fiance visa. I have seen that it has taken couples anywhere from 6 months to a year to get their fiance visas. Is there anyway to bypass some of these immigration hoops and get married here in New Jersey ASAP?

In addition if we were to go ahead with filing the I-129F petition for a fiance visa is the following a thorough and sufficient amount of evidence to prove that we intend to be married.

-copy of my birth certificate -front and back

-a letter from the priest in our local parish affirming that my fiance and I have met and are currently in the process of being married in the Church

-a copy of the plane ticket from Ireland to NYC to prove we have met

-a signed statement from each of us that we intend to marry each other with 90 days of his admission to the states

-completed and signed G-325 A forms for both myself and my fiance (his signature of course)

-a color passport style photograph of each of of us, with our names on the back

Is there anything that we are missing or should omit? Any help on this would be very much appreciated!!!

God Bless,

Twohearts

[Gary and Alla 3,696]

Hello Visa Journey community,

My fiance and I are currently debating whether or not to apply for the K-1 Fiance Visa. He is from Ireland and I am from New Jersey and want to be married in a civil ceremony as easily and quickly as possible.

Is it possible for us to get married by the state of New Jersey, in a Justice of the Peace ceremony without the Fiance visa? For instance if he came over to the states through the Visa Waiver program and was allowed to stay for 90 days, could we get married by the JOP during that time?

The reason why I ask is because we would very much like our wedding in the Church to take place on May 13, 2010 and I am a bit worried that that may not be able to happen if we go the route of applying for a fiance visa. I have seen that it has taken couples anywhere from 6 months to a year to get their fiance visas. Is there anyway to bypass some of these immigration hoops and get married here in New Jersey ASAP?

In addition if we were to go ahead with filing the I-129F petition for a fiance visa is the following a thorough and sufficient amount of evidence to prove that we intend to be married.

-copy of my birth certificate -front and back

-a letter from the priest in our local parish affirming that my fiance and I have met and are currently in the process of being married in the Church

-a copy of the plane ticket from Ireland to NYC to prove we have met

-a signed statement from each of us that we intend to marry each other with 90 days of his admission to the states

-completed and signed G-325 A forms for both myself and my fiance (his signature of course)

-a color passport style photograph of each of of us, with our names on the back

Is there anything that we are missing or should omit? Any help on this would be very much appreciated!!!

God Bless,

Twohearts

He can come on the VWP and you can get married...today, tomorrow, whenever. He does not need a visa to get married. But he DOES need a visa to get married and adjust status. It is illegal to enter the USA on the VWP with the intent to get married AND adjust status. If you go the K-1 route, you cannot get married until after the visa is issued and then he has to stay in the US while adjusting status. He could come now, or anytime you choose, and you can get married and then he can return to Ireland while you file for a CR-1 or K-3. He could even stay as a visitor for some of this time. During this time he would probably be able to visit on the VWP as long as he could show ties to return to Ireland. (job, etc.)

[Dakine 26]

Hello Visa Journey community,

My fiance and I are currently debating whether or not to apply for the K-1 Fiance Visa. He is from Ireland and I am from New Jersey and want to be married in a civil ceremony as easily and quickly as possible.

Is it possible for us to get married by the state of New Jersey, in a Justice of the Peace ceremony without the Fiance visa? For instance if he came over to the states through the Visa Waiver program and was allowed to stay for 90 days, could we get married by the JOP during that time?

The reason why I ask is because we would very much like our wedding in the Church to take place on May 13, 2010 and I am a bit worried that that may not be able to happen if we go the route of applying for a fiance visa. I have seen that it has taken couples anywhere from 6 months to a year to get their fiance visas. Is there anyway to bypass some of these immigration hoops and get married here in New Jersey ASAP?

In addition if we were to go ahead with filing the I-129F petition for a fiance visa is the following a thorough and sufficient amount of evidence to prove that we intend to be married.

-copy of my birth certificate -front and back

-a letter from the priest in our local parish affirming that my fiance and I have met and are currently in the process of being married in the Church

-a copy of the plane ticket from Ireland to NYC to prove we have met

-a signed statement from each of us that we intend to marry each other with 90 days of his admission to the states

-completed and signed G-325 A forms for both myself and my fiance (his signature of course)

-a color passport style photograph of each of of us, with our names on the back

Is there anything that we are missing or should omit? Any help on this would be very much appreciated!!!

God Bless,

Twohearts

Is there anyway to bypass some of these immigration hoops and get married here in New Jersey ASAP?

Yes and no. Not without being "sneaky" and taking a chance of being denied and being banned for life.

[twohearts 0]

Twohearts

He can come on the VWP and you can get married...today, tomorrow, whenever. He does not need a visa to get married. But he DOES need a visa to get married and adjust status. It is illegal to enter the USA on the VWP with the intent to get married AND adjust status. If you go the K-1 route, you cannot get married until after the visa is issued and then he has to stay in the US while adjusting status. He could come now, or anytime you choose, and you can get married and then he can return to Ireland while you file for a CR-1 or K-3. He could even stay as a visitor for some of this time. During this time he would probably be able to visit on the VWP as long as he could show ties to return to Ireland. (job, etc.)

Thanks so much for your quick and helpful reply!

I just have another question.... do you know how long it takes (the average time, as I am sure it varies case by case) to file and get approved for the K-1 versus the CR-1 or K-3?

Again any of your help would be so very much appreciated...

-Two Hearts

[twohearts 0]

Is there anyway to bypass some of these immigration hoops and get married here in New Jersey ASAP?

Yes and no. Not without being "sneaky" and taking a chance of being denied and being banned for life.

Hi and thank you for responding to the post!

We definitely do NOT want to do anything illegal or sneaky.

We've actually been warned against using a lawyer to assist us in the process of getting married for the very reason that they often suggest doing something illegal to get married. Nooooo!

However, you did say in your response that within the law there may be some ways to save time and get married faster in the states. If you have the time I would love to hear what your experience and or knowledge has been!

Thank you and God Bless!

Two Hearts

[Penguin_ie 6,000]

If you have everything ready to file the K1 now, you should be ok for a May 2010 wedding, though nothing is guaranteed of course! CR1 visas tend to take a little longer than K1 visas, but no mater which one you do, your fiance/ husband should be able to visit on the VVP to help arrange his permanent ove for after the visa comes through/ attend the wedding.

[Philosykos 0]

However, you did say in your response that within the law there may be some ways to save time and get married faster in the states. If you have the time I would love to hear what your experience and or knowledge has been!

Thank you and God Bless!

Two Hearts

As Gary said, you CAN get married any time in the US, but the point is that he won't be allowed to stay, unless you convince the immigration authorities that you did not intend to get married when he entered the US on the VWP. You are not allowed to use the VWP to immigrate, which is what you are doing when you get married and then stay in the country and apply for a green card. Some people do it successfully, but it is illegal and if you get caught, you are in huge trouble. I personally wouldn't do it. Since you are already planning to get married, and you don't want to be illegal or sneaky, having him come over on any other visa than the fiancé visa in order to get married and stay is not an option for you. I would also not advise to have him come over on the VWP to get married, then leave again and apply for a spouse visa, because that usually takes longer than the K-1. Doing things the legal way, the K-1 is really your best bet. And a wedding in May 2010 doesn't sound unrealistic at all if you submit your petition now. Few people have to wait longer than eight months from filing to get the visa (although of course you could be one of the unlucky few, so planning a wedding before at least your petition is approved is always a risk, and most people here advise against it). Best of luck!

[Gary and Alla 3,696]

However, you did say in your response that within the law there may be some ways to save time and get married faster in the states. If you have the time I would love to hear what your experience and or knowledge has been!

Thank you and God Bless!

Two Hearts

As Gary said, you CAN get married any time in the US, but the point is that he won't be allowed to stay, unless you convince the immigration authorities that you did not intend to get married when he entered the US on the VWP. You are not allowed to use the VWP to immigrate, which is what you are doing when you get married and then stay in the country and apply for a green card. Some people do it successfully, but it is illegal and if you get caught, you are in huge trouble. I personally wouldn't do it. Since you are already planning to get married, and you don't want to be illegal or sneaky, having him come over on any other visa than the fiancé visa in order to get married and stay is not an option for you. I would also not advise to have him come over on the VWP to get married, then leave again and apply for a spouse visa, because that usually takes longer than the K-1. Doing things the legal way, the K-1 is really your best bet. And a wedding in May 2010 doesn't sound unrealistic at all if you submit your petition now. Few people have to wait longer than eight months from filing to get the visa (although of course you could be one of the unlucky few, so planning a wedding before at least your petition is approved is always a risk, and most people here advise against it). Best of luck!

Correct. You could probably time the thing for a March wedding now. Once approved the petition is good for 4 months and once approved the visa is good for 6 months, so you can "adjust" a bit for your own desires. Filed now (or soon) you could probably do as you wish with the K-1. The CR1 takes a couple months longer BUT your husband is done when he arrives, no AOS, eligible for work right away, can return to Ireland (or travel anywhere else) right away, etc. It definitely has it's advantages. The K-1 is not the Holy Grail it is considered by many. The K-1 has one advantage which is rarely considered by anyone, it DOES allow a person to come here, look around or even live with the intended spouse and make an informed decision.

If you ask me (and no one does) I think the K-1 should be set up with a 90 day waiting period BEFORE marriage is allowed and then must be married within 180 days. Only marriages between 90-180 days would be eligible for AOS. But who am I?

[Gemmie 142]

You've been given some pretty good information here.

You are allowed to come to the US on the VWP and get married, but what are your plans for afterwards? If your Irish fiance intends to stay in the US permanantly (or past the 90 days really), then go for the K1, in my opinion. If you file now, you can have a May 2010 wedding/marriage, as long as there are no hiccups.

Question to others on here: I've heard that there is a 6 month living-together rule before you can apply for the CR-1. Is this true? If so, the OP will not be eligable for that visa as the VWP only allows visits for 90 days.

[blue123 0]

Question to others on here: I've heard that there is a 6 month living-together rule before you can apply for the CR-1. Is this true? If so, the OP will not be eligable for that visa as the VWP only allows visits for 90 days.

No there is no 6 month living together rule.

[SP&JM 0]

If you have everything ready to file the K1 now, you should be ok for a May 2010 wedding, though nothing is guaranteed of course! CR1 visas tend to take a little longer than K1 visas, but no mater which one you do, your fiance/ husband should be able to visit on the VVP to help arrange his permanent ove for after the visa comes through/ attend the wedding.

I guess if you have your heart set on marrying in May, come hell or high water, another option would be for him to come over NOW, get married, and then file the CR1...he'd have to go back to Ireland after 90 days, but as long as you're planning on going the legal visa route you're going to be separated regardless.

If the visa gets approved - great, come over and get married in the Church.

If the visa doesn't get approved, he could still come over and get married (although I wouldn't suggest he walk through immigration with a tux on shouting that he's planning on marrying and that he's quit his job). He'd have to go back, probably for not much time by that point, but you wouldn't lose everything. If you get married while you're processing a K-1 visa, you forfeit it, since you no longer qualify.

It's just another option...

Samantha

[brnidokiegurl 1]

Hello Visa Journey community,

My fiance and I are currently debating whether or not to apply for the K-1 Fiance Visa. He is from Ireland and I am from New Jersey and want to be married in a civil ceremony as easily and quickly as possible.

Is it possible for us to get married by the state of New Jersey, in a Justice of the Peace ceremony without the Fiance visa? For instance if he came over to the states through the Visa Waiver program and was allowed to stay for 90 days, could we get married by the JOP during that time?

The reason why I ask is because we would very much like our wedding in the Church to take place on May 13, 2010 and I am a bit worried that that may not be able to happen if we go the route of applying for a fiance visa. I have seen that it has taken couples anywhere from 6 months to a year to get their fiance visas. Is there anyway to bypass some of these immigration hoops and get married here in New Jersey ASAP?

In addition if we were to go ahead with filing the I-129F petition for a fiance visa is the following a thorough and sufficient amount of evidence to prove that we intend to be married.

-copy of my birth certificate -front and back

-a letter from the priest in our local parish affirming that my fiance and I have met and are currently in the process of being married in the Church

-a copy of the plane ticket from Ireland to NYC to prove we have met

-a signed statement from each of us that we intend to marry each other with 90 days of his admission to the states

-completed and signed G-325 A forms for both myself and my fiance (his signature of course)

-a color passport style photograph of each of of us, with our names on the back

Is there anything that we are missing or should omit? Any help on this would be very much appreciated!!!

God Bless,

Twohearts

six months, a year, two years...dont make plans until visa is in hand

[hxxrmonkey 0]

We sent in our application in early Sept. of last year, and even with hiccups he had his visa in hand by the first week of April. That's 8 months. He could have had it by the end of Feb. but he took his time on getting some paperwork together. If you send in your K-1 now you should be fine for May. But as someone else said, you can never be sure until visa is in hand.

[hxxrmonkey 0]

I didn't actually answer your question about evidence so here you go -

If you do go the K-1 route, you need several photos of you together, preferably in places recognizable as the US or Ireland so it's obvious you were actually where you said you were and lends more credit to your evidence. Also it really helps to send color copies of your passports, showing you've both made trips to the other country (or his, if only he visited). And I'm not sure if a copy is ok but why take chances, but I sent in an actual birth cert for myself, got it from the health department where I was born. It could also help to include bank or credit card statements of his with purchases in the US highlighted. You can use black marker to block out the important numbers.

Also one more bit of advice, the more organized you can make your application, the better. Use tabbed dividers, punch holes in the top, everything you can think of. This isn't quite as important for the US side, but once it get to the embassy in Dublin I firmly believe it makes a huge difference.

We've just finished the whole process, I'm the USC and he's from Ireland, so if you have any questions or need help you can PM me while it's fresh on the brain. Good luck!

[rebeccajo 14]

The US consulate in Dublin is not nearly as busy as many and therefore, once the I129F petition has left NVC in the US, interviews can occur quickly. Note in hxxrmonkey's signature timeline that her fiance had Packet 3 in his hands only 16 days after the I129F petition left NVC.

Bottom line here - you have loads of time to properly file for a visa without worrying about 'the hoops'. Barring unforeseen circumstance and personal vigilance on your part as an advocate for your case, you should be fine.

PS - My profile shows the Union Jack, but my husband is a Derryman.

Edited May 10, 2009 by rebeccajo