I want to Marry my Taiwanese Fiancee

[C.J. 0]

My fiancee and I have been together for 4 and 1/2 years. She was here for college on a student visa and just returned to Taiwan a few months ago after graduation. We wanted to marry this summer but I just found out that the fiancee K-1 visa processing time could take 5 months. I am hoping there are other options. Is it possible for her to come here with a visitor visa and we just get married within the 30 days before it expires? Or if I were to go there and we got married would it be recognized and could she come back with me? I am open to any option that takes less time than the 5 month fiancee visa, please help me if you have any information.

Thanks,

CJ

[C.J. 0]

I just thought of one more option if anyone has experience with this, she wants to go to grad school and could come on a student visa, if she were here on a student visa could we get married in the US and change her immigration status this way. My head is spinning, I have been reading on websites all day and still don't know what to do.

Thank you,

CJ

[BurningFinger 5]

I just thought of one more option if anyone has experience with this, she wants to go to grad school and could come on a student visa, if she were here on a student visa could we get married in the US and change her immigration status this way. My head is spinning, I have been reading on websites all day and still don't know what to do.

Thank you,

CJ

You are very fortunate you found this website before making a big mistake. If you wish to marry your girlfriend, then you should apply for the CR1 visa. The entire process can take anywhere from 9-12 months to complete. Please study the CR1 guides carefully to get a better understanding on the process. Getting married AND adjusting status while she is in the US on a student visa is ill advised. In fact, it is visa fraud. Absolutely do NOT do this. You are free to marry her if she is in the US with a student visa, but adjusting her status because of the marriage is a big no no. You can get married in the US, but she would have to return to Taiwan. Then you can file the I-130 petition. Once that petition is approved she will be eligible to apply for the CR1 visa at the US Embassy/Consulate in Taiwan.

The immigration process takes time. There is no quick way to do this. If you do the K1 or CR1, it will take many months to complete the process. That is just the way it is and you must prepare yourself for this if you decide to go down this path. Please begin to study to CR1 guides carefully by going to the following link: http://www.visajourney.com/content/i130guide1.

Come back to ask more questions after you have done so. Best of luck~

Edited March 27, 2010 by BurningFinger

[Martyshk 137]

You are very fortunate you found this website before making a big mistake. If you wish to marry your girlfriend, then you should apply for the CR1 visa. The entire process can take anywhere from 9-12 months to complete. Please study the CR1 guides carefully to get a better understanding on the process. Getting married AND adjusting status while she is in the US on a student visa is ill advised. In fact, it is visa fraud. Absolutely do NOT do this. You are free to marry her if she is in the US with a student visa, but adjusting her status because of the marriage is a big no no. You can get married in the US, but she would have to return to Taiwan. Then you can file the I-130 petition. Once that petition is approved she will be eligible to apply for the CR1 visa at the US Embassy/Consulate in Taiwan.

The immigration process takes time. There is no quick way to do this. If you do the K1 or CR1, it will take many months to complete the process. That is just the way it is and you must prepare yourself for this if you decide to go down this path. Please begin to study to CR1 guides carefully by going to the following link: http://www.visajourn...ent/i130guide1.

Come back to ask more questions after you have done so. Best of luck~

It's not visa fraud if she's actually going to school here while on her student visa. Her intent to use the visa to go to school, which she will be doing, not to come here for marriage only.

Also, CR-1 is just as good of an option as K-1, it's for the OP to decide which one they want to go with. Both have pros and cons.

[BurningFinger 5]

It's not visa fraud if she's actually going to school here while on her student visa. Her intent to use the visa to go to school, which she will be doing, not to come here for marriage only.

Also, CR-1 is just as good of an option as K-1, it's for the OP to decide which one they want to go with. Both have pros and cons.

No. It is not fraud if she uses her student visa to go to school in the US. It IS fraud is she comes to the US on the student visa with the INTENT to immigrate.....which is what the OP was suggesting came up to him as an idea. Read what the OP said in his "second" post. If the fiance intends to immigrate into the US with a student visa, it is visa fraud. She can come to the US and study all she wants. They can even get married if they want to. However in order to do the CR1 or even the K1, the fiance will have to return to Taiwan.

[Martyshk 137]

No. It is not fraud if she uses her student visa to go to school in the US. It IS fraud is she comes to the US on the student visa with the INTENT to immigrate.....which is what the OP was suggesting came up to him as an idea. Read what the OP said in his "second" post. If the fiance intends to immigrate into the US with a student visa, it is visa fraud. She can come to the US and study all she wants. They can even get married if they want to. However in order to do the CR1 or even the K1, the fiance will have to return to Taiwan.

This is the gray area though. Theoretically (just theoretically) if a person comes here on a student visa, meets someone and gets married. I don't see why they won't be able to adjust. But you are right, OP situation is different. There's an intent there.

Would be nice to see someone more knowledgeable chime in.

[BurningFinger 5]

This is the gray area though. Theoretically (just theoretically) if a person comes here on a student visa, meets someone and gets married. I don't see why they won't be able to adjust. But you are right, OP situation is different. There's an intent there.

Would be nice to see someone more knowledgeable chime in.

Yeah I agree with you. I think there are some cases where this may work. There are sub-forums on VJ about exactly this issue: Adjusting Status from Work, Student or Tourists visas. I have not spent enough time reading through that forum to see if what the OP is thinking about will actually work. From my current understanding about the process, this may work as long as they can both prove really really well that there was no immigrant intent at the time of adjusting status from a student or tourist or whatever visa that is not immigrant related. So in that sense I think it could work.

An example of proving there was no immigrant intent would be that they never met each other before she came to the US on a student visa. This is exactly where the OP has a problem: He has known his fiance for 4 1/2 years so the immigrant intent would light up big time if they adjusted status on that student visa. The immigration process is not designed for these types of student visas so they would really step into murky waters here.

Having said that, I think it would be very very wise to follow the "proper" immigration procedures. If the intended immigration is "based" on marriage or intent to marry in the US, the CR1 or K1 visas are the correct options. Original Poster, I strongly recommend that you read the guidelines for the K1 and CR1 visa. Discuss it with your fiance. If you are both comfortable, file the I-129F petition if you wish to go with the K1 visa or file the I-130 petition if you wish to pursue the CR1 visa. I wish you the best of luck OP. If you have questions just ask away!

[Martyshk 137]

Yeah I agree with you. I think there are some cases where this may work. There are sub-forums on VJ about exactly this issue: Adjusting Status from Work, Student or Tourists visas. I have not spent enough time reading through that forum to see if what the OP is thinking about will actually work. From my current understanding about the process, this may work as long as they can both prove really really well that there was no immigrant intent at the time of adjusting status from a student or tourist or whatever visa that is not immigrant related. So in that sense I think it could work.

An example of proving there was no immigrant intent would be that they never met each other before she came to the US on a student visa. This is exactly where the OP has a problem: He has known his fiance for 4 1/2 years so the immigrant intent would light up big time if they adjusted status on that student visa. The immigration process is not designed for these types of student visas so they would really step into murky waters here.

Having said that, I think it would be very very wise to follow the "proper" immigration procedures. If the intended immigration is "based" on marriage or intent to marry in the US, the CR1 or K1 visas are the correct options. Original Poster, I strongly recommend that you read the guidelines for the K1 and CR1 visa. Discuss it with your fiance. If you are both comfortable, file the I-129F petition if you wish to go with the K1 visa or file the I-130 petition if you wish to pursue the CR1 visa. I wish you the best of luck OP. If you have questions just ask away!

Yes and I agree with you. I would never advocate misrepresenting facts to a US official. Since the OP and his fiancee did not just accidentally meet while she was there on a student visa.

Best of luck to OP and his fiancee. Hope they figure out a best legal way for them to be together soon.

[Old Dominion 26]

All things considered, the quickest and cleanest option is the K-1 visa. Get married as soon as she gets here, and file for adjustment of status. Even though she could apply for a tourist visa, it might not be granted and anyway, she'd still need to return to Taiwan to be interviewed for her K-1 visa.

[Shirley 0]

This is my own experience. I applied a tourist visa and went to US with my fiance for few months, during this period of time we filed I-129F for K1 visa. Now, I come back Taiwan for receiving document from NVC and prepare documents for interview. The total process for K1 visa may takes about 6 months but it’s a legal way to marry with an American fiancé. As long as the true love, it’s worth to wait for a while.

Good luck to all.