Is it possible to have someone come in on a tourist visa and then you marry and are able to change the visa status legally?

[Sadielady 0]

Ok, just to clarify a couple of things for you...

Unless you are a US citizen, you will NOT be able to apply for either the K1 or K3. The K1 is for fiance(e)'s of US citizens (i.e., unmarried). The K3 is for spouses of US citizens (i.e., married). Both types of visas require the beneficiary to apply for adjustment of status AFTER they arrive in the US, at the cost of over $1000. With the K1, you MUST marry in the United States within 90 days of the beneficiary's arrival. You also cannot petition for a K1, get married, and then upgrade to a K3. Getting married nullifies the K1, and you have to start over.

The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners. They are for spouses, like the K3, but have the advantage that the beneficiary will arrive in the US with status already adjusted. They are also less expensive than the K3. The CR1 is for spouses married less than 2 years (the beneficiary receives a conditional green card), and the IR1 is for spouses married 2 or more years (the beneficiary receives an unconditional green card).

The only option available for a legal permanent resident is the F2 - Family Second Preference visa. You file an I-130, just like for the K3 and CR1/IR1, but your beneficiary has to wait their turn in line for a visa. How long this will take depends on the priority date for the beneficiary's country, but 2 years or longer is not unusual.

You CAN submit the I-130 for the F2 visa while you're an LPR, and then upgrade to a CR1 once you get your citizenship. You could also wait until you get your citizenship and then petition for the CR1 or K3 initially (CR1 recommended). If you want to marry in Turkey then the K1 is out, even if you get your citizenship, because it requires you to marry in the US.

Thank you Jim, I know you must be getting tired of my questions but you seem to know a lot about this. When you say "The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners." DO you mean someone like me who is waiting to become an American citizen?

So theoretically I could marry here in Turkey, return to the US and file for the CR1 while I am waiting for my interview? Is that correct?

Thank you so much for your patience!

[Sadielady 0]

Ok, just to clarify a couple of things for you...

Unless you are a US citizen, you will NOT be able to apply for either the K1 or K3. The K1 is for fiance(e)'s of US citizens (i.e., unmarried). The K3 is for spouses of US citizens (i.e., married). Both types of visas require the beneficiary to apply for adjustment of status AFTER they arrive in the US, at the cost of over $1000. With the K1, you MUST marry in the United States within 90 days of the beneficiary's arrival. You also cannot petition for a K1, get married, and then upgrade to a K3. Getting married nullifies the K1, and you have to start over.

The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners. They are for spouses, like the K3, but have the advantage that the beneficiary will arrive in the US with status already adjusted. They are also less expensive than the K3. The CR1 is for spouses married less than 2 years (the beneficiary receives a conditional green card), and the IR1 is for spouses married 2 or more years (the beneficiary receives an unconditional green card).

The only option available for a legal permanent resident is the F2 - Family Second Preference visa. You file an I-130, just like for the K3 and CR1/IR1, but your beneficiary has to wait their turn in line for a visa. How long this will take depends on the priority date for the beneficiary's country, but 2 years or longer is not unusual.

You CAN submit the I-130 for the F2 visa while you're an LPR, and then upgrade to a CR1 once you get your citizenship. You could also wait until you get your citizenship and then petition for the CR1 or K3 initially (CR1 recommended). If you want to marry in Turkey then the K1 is out, even if you get your citizenship, because it requires you to marry in the US.

Thank you Jim, I know you must be getting tired of my questions but you seem to know a lot about this. When you say "The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners." DO you mean someone like me who is waiting to become an American citizen?

So theoretically I could marry here in Turkey, return to the US and file for the CR1 while I am waiting for my interview? Is that correct?

Thank you so much for your patience!

Ok.. I think I was confused.. I understand.

I can only file for the CR1 as an AMerican citizen. SO...One last question..I hope...

Can I marry in Turkey.. wait until I become an AMerican BEFORE I file anything and then file the CR1? OR is it just as easy to file the 130 or K3 fiane visa?

[Gemmie 142]

You still seem quite confused. The guides explain all of this simply.

The K3 is a spousal visa, not a fiance visa.

Bottom line is: you need to be a US citizen first.

THEN you can file either of the visas you listed after marriage (except a K1 which is only if you're not married).

Edited May 31, 2009 by Gemmie

[Sadielady 0]

You still seem quite confused. The guides explain all of this simply.

The K3 is a spousal visa, not a fiance visa.

Bottom line is: you need to be a US citizen first.

THEN you can file either of the visas you listed after marriage (except a K1 which is only if you're not married).

You are right Gemmie I was still confused. I think my thick skull has finally got it now..

By the way, congradulations on your visa and your upcoming wedding!

[JimVaPhuong 4,863]

Ok.. I think I was confused.. I understand.

I can only file for the CR1 as an AMerican citizen. SO...One last question..I hope...

Can I marry in Turkey.. wait until I become an AMerican BEFORE I file anything and then file the CR1? OR is it just as easy to file the 130 or K3 fiane visa?

Here is a summary of the visa types I mentioned:

K1 - Fiance of US citizen. Apply for residency after arrival in the US.

K3 - Spouse of US citizen. Apply for residency after arrival in the US.

CR1 - Spouse of US citizen. Apply for residency before arrival in the US.

F2 - Spouse of Legal Permanent Resident. Apply for residency before arrival in the US.

The I-130 is a form, as is the I-129F. There are a lot of forms you're going to fill out and submit during this process, but the I-130 and I-129F are the actual petitions for the visas. Here's how the forms relate to the different visas.

K1 - File I-129F.

K3 - File I-130 and I-129F.

CR1 - File I-130.

F2 - File I-130.

The K1 is the fastest to get, but you'd have to get your US citizenship before you send in the petition, and you'd have to marry in the US. Probably not what you want.

The K3 may be slightly faster than the CR1. Again, you'd have to get your US citizenship before petitioning for either of these. With the K3 your husband would have to apply for residency after arriving in the US. Again, probably not what you want, so the CR1 is a better route.

The F2 has the advantage that you can apply while you're still an LPR. Once you become a citizen you can upgrade your F2 application to a CR1 petition. If you're going to get married before you become a citizen then this might be the route to go, since you can at least get the process started while waiting to get your citizenship.

So, the decision really comes down to whether you marry first or get your citizenship first.

[payxibka 10,044]

Ok.. I think I was confused.. I understand.

I can only file for the CR1 as an AMerican citizen. SO...One last question..I hope...

Can I marry in Turkey.. wait until I become an AMerican BEFORE I file anything and then file the CR1? OR is it just as easy to file the 130 or K3 fiane visa?

Here is a summary of the visa types I mentioned:

K1 - Fiance of US citizen. Apply for residency after arrival in the US.

K3 - Spouse of US citizen. Apply for residency after arrival in the US.

CR1 - Spouse of US citizen. Apply for residency before arrival in the US.

F2 - Spouse of Legal Permanent Resident. Apply for residency before arrival in the US.

The I-130 is a form, as is the I-129F. There are a lot of forms you're going to fill out and submit during this process, but the I-130 and I-129F are the actual petitions for the visas. Here's how the forms relate to the different visas.

K1 - File I-129F.

K3 - File I-130 and I-129F.

CR1 - File I-130.

F2 - File I-130.

The K1 is the fastest to get, but you'd have to get your US citizenship before you send in the petition, and you'd have to marry in the US. Probably not what you want.

The K3 may be slightly faster than the CR1. Again, you'd have to get your US citizenship before petitioning for either of these. With the K3 your husband would have to apply for residency after arriving in the US. Again, probably not what you want, so the CR1 is a better route.

The F2 has the advantage that you can apply while you're still an LPR. Once you become a citizen you can upgrade your F2 application to a CR1 petition. If you're going to get married before you become a citizen then this might be the route to go, since you can at least get the process started while waiting to get your citizenship.

So, the decision really comes down to whether you marry first or get your citizenship first.

F2? Are you sure? I always thought the F-2 was a dependent nonimmigrant visa which allows dependent spouses and children of F-1 student visa holders to enter into the U.S.

If by F2 you mean a family preference category then that is quite different than an F-2 visa type

Edited May 31, 2009 by payxibka

[JimVaPhuong 4,863]

Ok.. I think I was confused.. I understand.

I can only file for the CR1 as an AMerican citizen. SO...One last question..I hope...

Can I marry in Turkey.. wait until I become an AMerican BEFORE I file anything and then file the CR1? OR is it just as easy to file the 130 or K3 fiane visa?

Here is a summary of the visa types I mentioned:

K1 - Fiance of US citizen. Apply for residency after arrival in the US.

K3 - Spouse of US citizen. Apply for residency after arrival in the US.

CR1 - Spouse of US citizen. Apply for residency before arrival in the US.

F2 - Spouse of Legal Permanent Resident. Apply for residency before arrival in the US.

The I-130 is a form, as is the I-129F. There are a lot of forms you're going to fill out and submit during this process, but the I-130 and I-129F are the actual petitions for the visas. Here's how the forms relate to the different visas.

K1 - File I-129F.

K3 - File I-130 and I-129F.

CR1 - File I-130.

F2 - File I-130.

The K1 is the fastest to get, but you'd have to get your US citizenship before you send in the petition, and you'd have to marry in the US. Probably not what you want.

The K3 may be slightly faster than the CR1. Again, you'd have to get your US citizenship before petitioning for either of these. With the K3 your husband would have to apply for residency after arriving in the US. Again, probably not what you want, so the CR1 is a better route.

The F2 has the advantage that you can apply while you're still an LPR. Once you become a citizen you can upgrade your F2 application to a CR1 petition. If you're going to get married before you become a citizen then this might be the route to go, since you can at least get the process started while waiting to get your citizenship.

So, the decision really comes down to whether you marry first or get your citizenship first.

F2? Are you sure? I always thought the F-2 was a dependent nonimmigrant visa which allows dependent spouses and children of F-1 student visa holders to enter into the U.S.

If by F2 you mean a family preference category then that is quite different than an F-2 visa type

Yes, sorry - family preference 2!

[ready4ONE 5,400]

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

Plan A, having your 'friend' come over for a tourist visa and get married is ILLEGAL. Visitors can and do come to the USA, meet and marry a US citizen, and are thus able to adjust status legally, but the premeditation constitutes fraud, and is not good way to go.

Waiting until you are a citizen, applying for the I-129F, and having him come here on a K-1 Visa is nobodies idea of an expedient method, but it is the legal way to go. JimVaPhuon gave you a list of other methods, all of which assume you will become a US Citizen prior to implementation.

[pushbrk 12,154]

Once I am an AMerican citizen or even just prior, "Is it legal and possible to have a "friend" come over on a tourist visa to the United States to visit you (an American Citizen) and then you get married and change the visa status so that he is able to work legally?"

OR..Do you have to live in two different countries and sponsor him for a 129-F visa? If possibe to do either, which is faster and does anyone know what the REAL time frames are likely to be?

I can't afford a lawyer on my Turkish salary.. so if anyone can answer these questions or have any ideas.. I would be SO grateful!

Plan A, having your 'friend' come over for a tourist visa and get married is ILLEGAL. Visitors can and do come to the USA, meet and marry a US citizen, and are thus able to adjust status legally, but the premeditation constitutes fraud, and is not good way to go.

Waiting until you are a citizen, applying for the I-129F, and having him come here on a K-1 Visa is nobodies idea of an expedient method, but it is the legal way to go. JimVaPhuon gave you a list of other methods, all of which assume you will become a US Citizen prior to implementation.

This is incorrect. Coming on a visitor visa and getting married is not illegal. Intending to do so PLUS the intention to stay and immigrate (adjust status) based on that marriage is what is ILLEGAL. Getting married and immigrating are not the same thing.

[Holliday 4]

In any event, once he is in the US it will take about three months for him to obtain a work permit. Obtaining a K-1 fiance visa for him would take perhaps three months less than the spousal ones. Given that you must first become a USC, it seems that (best case) you are looking at May, 2010 before he can work her.

That is only true if he gets one of the K visas. If he gets the CR-1, he'll be allowed to work immediately.

It sounds to me like the OP's 'quickest' option would probably be to marry the guy, start the citizenship process, file the I-130, upgrade the I-130 after she has her Naturalization certificate, and then continue on with the CR-1 process. I'm just guessing on that, but it is my understanding that even if she files the I-130 while she still has LPR status, she'll have an earlier priority date for the I-130 once she becomes a USC and upgrades the petition, so that would likely save her a bit of time, rather than waiting to file until after she gains citizenship. Someone please correct me if I'm wrong about that.

[pushbrk 12,154]

In any event, once he is in the US it will take about three months for him to obtain a work permit. Obtaining a K-1 fiance visa for him would take perhaps three months less than the spousal ones. Given that you must first become a USC, it seems that (best case) you are looking at May, 2010 before he can work her.

That is only true if he gets one of the K visas. If he gets the CR-1, he'll be allowed to work immediately.

It sounds to me like the OP's 'quickest' option would probably be to marry the guy, start the citizenship process, file the I-130, upgrade the I-130 after she has her Naturalization certificate, and then continue on with the CR-1 process. I'm just guessing on that, but it is my understanding that even if she files the I-130 while she still has LPR status, she'll have an earlier priority date for the I-130 once she becomes a USC and upgrades the petition, so that would likely save her a bit of time, rather than waiting to file until after she gains citizenship. Someone please correct me if I'm wrong about that.

The priority date won't improve as any practical matter but the petition could be approved earlier. An approved petition already waiting at NVC on the naturalization date would be an improvement over filing one about the time of naturalization.

[Sadielady 0]

Ok, just to clarify a couple of things for you...

Unless you are a US citizen, you will NOT be able to apply for either the K1 or K3. The K1 is for fiance(e)'s of US citizens (i.e., unmarried). The K3 is for spouses of US citizens (i.e., married). Both types of visas require the beneficiary to apply for adjustment of status AFTER they arrive in the US, at the cost of over $1000. With the K1, you MUST marry in the United States within 90 days of the beneficiary's arrival. You also cannot petition for a K1, get married, and then upgrade to a K3. Getting married nullifies the K1, and you have to start over.

The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners. They are for spouses, like the K3, but have the advantage that the beneficiary will arrive in the US with status already adjusted. They are also less expensive than the K3. The CR1 is for spouses married less than 2 years (the beneficiary receives a conditional green card), and the IR1 is for spouses married 2 or more years (the beneficiary receives an unconditional green card).

The only option available for a legal permanent resident is the F2 - Family Second Preference visa. You file an I-130, just like for the K3 and CR1/IR1, but your beneficiary has to wait their turn in line for a visa. How long this will take depends on the priority date for the beneficiary's country, but 2 years or longer is not unusual.

You CAN submit the I-130 for the F2 visa while you're an LPR, and then upgrade to a CR1 once you get your citizenship. You could also wait until you get your citizenship and then petition for the CR1 or K3 initially (CR1 recommended). If you want to marry in Turkey then the K1 is out, even if you get your citizenship, because it requires you to marry in the US.

Ok Jim, you have been SOOO helpful and incredibly generous with your information, but I have a few more question that perhaps you could answer?

Can I marry here in turkey, go back to the USA and get my naturalization and THEN sponsor/petition for a CR1 visa for my fiance? If so, Is that faster than the K1? What about the F2...If I file that before upgrading to CR1 doesn't the F2 take several years to get, so why not bypass and go straight to the CR1 (once i am a citizen that is) By the way, I have sent these questions to the US embassy Consular department here in ANkara, Turkey, but who knows when I will hear from them! Also, I only have 10 days before I go on a trip and then 4 days to marry or Not marry my fiance before I leave!

[JimVaPhuong 4,863]

Ok, just to clarify a couple of things for you...

Unless you are a US citizen, you will NOT be able to apply for either the K1 or K3. The K1 is for fiance(e)'s of US citizens (i.e., unmarried). The K3 is for spouses of US citizens (i.e., married). Both types of visas require the beneficiary to apply for adjustment of status AFTER they arrive in the US, at the cost of over $1000. With the K1, you MUST marry in the United States within 90 days of the beneficiary's arrival. You also cannot petition for a K1, get married, and then upgrade to a K3. Getting married nullifies the K1, and you have to start over.

The CR1 and IR1 are alternatives to the K3, and are also only available to US citizen petitioners. They are for spouses, like the K3, but have the advantage that the beneficiary will arrive in the US with status already adjusted. They are also less expensive than the K3. The CR1 is for spouses married less than 2 years (the beneficiary receives a conditional green card), and the IR1 is for spouses married 2 or more years (the beneficiary receives an unconditional green card).

The only option available for a legal permanent resident is the F2 - Family Second Preference visa. You file an I-130, just like for the K3 and CR1/IR1, but your beneficiary has to wait their turn in line for a visa. How long this will take depends on the priority date for the beneficiary's country, but 2 years or longer is not unusual.

You CAN submit the I-130 for the F2 visa while you're an LPR, and then upgrade to a CR1 once you get your citizenship. You could also wait until you get your citizenship and then petition for the CR1 or K3 initially (CR1 recommended). If you want to marry in Turkey then the K1 is out, even if you get your citizenship, because it requires you to marry in the US.

Ok Jim, you have been SOOO helpful and incredibly generous with your information, but I have a few more question that perhaps you could answer?

Can I marry here in turkey, go back to the USA and get my naturalization and THEN sponsor/petition for a CR1 visa for my fiance? If so, Is that faster than the K1? What about the F2...If I file that before upgrading to CR1 doesn't the F2 take several years to get, so why not bypass and go straight to the CR1 (once i am a citizen that is) By the way, I have sent these questions to the US embassy Consular department here in ANkara, Turkey, but who knows when I will hear from them! Also, I only have 10 days before I go on a trip and then 4 days to marry or Not marry my fiance before I leave!

Yes, you can get married any time you want to. If you get your citizenship, then you can subsequently file for the CR1 any time you want to.

The K1 is generally the fastest way to get a visa, but the difference between a K1 and CR1 may be only two or three months.

The family second preference (F2) does take a long time, but if you upgrade to a CR1 after you get your citizenship then it won't take any longer than if you'd filed for a CR1 initially, and it may be faster since you've already submitted the paperwork. In other words, you might get the visa a little quicker by filing the F2 first, and then upgrading to CR1 after you get your citizenship.