Just starting to research K-1 visa

[miashin 0]

Hi, I'm new here...

My boyfriend and I want to get married this year, *hopefully* - he is from Portugal, and I live in California. Our situation is pretty typical - met at a restaurant while I was on vacation in Portugal and have seen each other 3 occasions since then, both in the states and in Portugal; we have each met each others' families.

So, after researching, I decided that K-1 visa is probably the "safest" route (as opposed to getting married on a B2 visa or getting married in Portugal and trying to bring him back). I want to make sure to do everything the right way so that we don't risk having to be apart any longer!

I have been pouring through your forums and really love the information that is provided here! I now know that I will NOT need an attorney, which was a big question as well.

Anyways, I have a few specific questions:

1) He will be here in March on a regular tourist visit for 3 months - if we start the paperwork while he's in the U.S., will that cause a problem since he entered on a tourist visa?

2) After we get married in the U.S., we want to go to Portugal to have another ceremony / reception - is there a restriction on travel outside of the U.S. after marriage? If so, how long?

3) I am 7 years older than him - that's not a big enough of an age difference to cause a problem, is it??? (I'm 32, he's 25)

Thanks so much!

[payxibka 10,048]

Hi, I'm new here...

My boyfriend and I want to get married this year, *hopefully* - he is from Portugal, and I live in California. Our situation is pretty typical - met at a restaurant while I was on vacation in Portugal and have seen each other 3 occasions since then, both in the states and in Portugal; we have each met each others' families.

So, after researching, I decided that K-1 visa is probably the "safest" route (as opposed to getting married on a B2 visa or getting married in Portugal and trying to bring him back). I want to make sure to do everything the right way so that we don't risk having to be apart any longer!

I have been pouring through your forums and really love the information that is provided here! I now know that I will NOT need an attorney, which was a big question as well.

Anyways, I have a few specific questions:

1) He will be here in March on a regular tourist visit for 3 months - if we start the paperwork while he's in the U.S., will that cause a problem since he entered on a tourist visa?

2) After we get married in the U.S., we want to go to Portugal to have another ceremony / reception - is there a restriction on travel outside of the U.S. after marriage? If so, how long?

3) I am 7 years older than him - that's not a big enough of an age difference to cause a problem, is it??? (I'm 32, he's 25)

Thanks so much!

1) no

2) 60-90 days to get Advanced Parole after submission or 5 mos for a greencard after application is made

[raymaga 26]

Firstly, welcome to VJ!! We look forward to seeing your posts in the future. And good luck with the immigration process.

To answer your questions:

1. It is perfectly fine for you to start the paperwork while your boyfriend is in the U.S. As long as he can show ties to his home country and is admitted into the U.S. without any problems, you'll be fine.

2. After your fiance enters the U.S. with a K-1 visa, you have 90 days to get married. You can apply for AOS, EAD and AP right after your marriage, as soon as you have a copy of your marriage certificate. Your fiance will need either a Green Card or Advance Parole documents to return to the U.S. after travel abroad.

3. I doubt 7 years age difference will cause you any problems.

Good luck.

[miashin 0]

WOW, thanks for your quick responses!

I am so happy to have found this forum and have other people who can relate to this potentially intimidating process!

So, in regards to leaving for Portugal right after marriage, it sounds like it might be a few months before we can go there, depending on paperwork? (although I could probably wait to ask these questions until I have my papers filed - just anxious!!! LOL)

What is AOS and EAD?

[raymaga 26]

AOS is Adjustment of Status (meaning applying for the Green Card and becoming a US Permanent Resident)

EAD is Employment Authorization (meaning being able to work before the Green Card is approved).

[Stephen87 0]

The age difference will not be a problem, my cousin married and moved over to the US several years ago with the same process i am about to undertake and he was 23 and his now wife was 37 at that time so unless you were like marrying a old rich guy i wouldnt worry lol

[miashin 0]

Okay, thanks for the reassurance - i figured the age difference wasn't a big deal, but i started reading somebody saying that women being older is more "suspicious" than the other way around... and i just wanted to be sure!