Does anyone have experience with an illegal immigrant fiancee?

[sheraz 0]

Thanks, guys!

That forum and site seem to have more info like I'm looking for.

If your fiancee walked across the border and their is no document of him being here, then he should simply walk back (if at all possible). No document of him entering or leaving is better than him being documented and leaving. Waivers are difficult and slow

Once he is in Brazil, get married, apply for K3 and come to US and adjust status. By getting a marriage license, it shows ur intent is to marry. So why not just get married and apply K3. I dont knwo why people are waiting for K1s. K1s take longer than K3 and just more hassle.

Getting good legal advise is good but remember attorneys often have the habit of complicating cases.

[Robor007 0]

Thanks, guys!

That forum and site seem to have more info like I'm looking for.

If your fiancee walked across the border and their is no document of him being here, then he should simply walk back (if at all possible). No document of him entering or leaving is better than him being documented and leaving. Waivers are difficult and slow

Once he is in Brazil, get married, apply for K3 and come to US and adjust status. By getting a marriage license, it shows ur intent is to marry. So why not just get married and apply K3. I dont knwo why people are waiting for K1s. K1s take longer than K3 and just more hassle.

Getting good legal advise is good but remember attorneys often have the habit of complicating cases.

Regarding the bolded text above... When did a K-1 start taking longer than a K-3? I was under the impression and been told by others that the K-1 route was quicker.

[kitkat1 5]

If your fiancee walked across the border and their is no document of him being here, then he should simply walk back (if at all possible). No document of him entering or leaving is better than him being documented and leaving. Waivers are difficult and slow

Once he is in Brazil, get married, apply for K3 and come to US and adjust status. By getting a marriage license, it shows ur intent is to marry. So why not just get married and apply K3. I dont knwo why people are waiting for K1s. K1s take longer than K3 and just more hassle.

Getting good legal advise is good but remember attorneys often have the habit of complicating cases.

Sheraz, be careful with your advice, mostly because what you are suggesting could cause serious problems. Her fiance has been in the US for two years. There are definitely records and documentation of his life here, not to mention that he would have absolutely no way to provide proof of having spent the past two years living in Brazil such the employment and address information that is requested on the biographic forms for the beneficiary.

A much bigger issue is that the petitioner signs the I-129F or I-130 and swears, under penalty of perjury, that the information provided is true and correct. There is also up to $10,000 fine or imprisonment up to five years, or both, for knowingly and willfully falsifying or concealing a material fact. If you lie on the forms and later it is discovered, deportation with a lifetime ban is the result.

K1s are certainly taking much longer than normal these days so it could be that a K3 is faster. But waiver approval rates there are reasonable and relatively fast compared to other locations.

[aussiewench 9]

Thanks, guys!

That forum and site seem to have more info like I'm looking for.

If your fiancee walked across the border and their is no document of him being here, then he should simply walk back (if at all possible). No document of him entering or leaving is better than him being documented and leaving. Waivers are difficult and slow

Once he is in Brazil, get married, apply for K3 and come to US and adjust status. By getting a marriage license, it shows ur intent is to marry. So why not just get married and apply K3. I dont knwo why people are waiting for K1s. K1s take longer than K3 and just more hassle.

Getting good legal advise is good but remember attorneys often have the habit of complicating cases.

Regarding the bolded text above... When did a K-1 start taking longer than a K-3? I was under the impression and been told by others that the K-1 route was quicker.

That has usually depended on the service center one had to file the I-129F with, as the NBC where I-129F's for spouse are filed were faster in a lot of cases then I-129F for fiance from eg CSC, TSC or NSC. This of course was happening pre-IMBRA. Now they are about on par with each other in a lot of instances.

[sheraz 0]

Thanks, guys!

That forum and site seem to have more info like I'm looking for.

If your fiancee walked across the border and their is no document of him being here, then he should simply walk back (if at all possible). No document of him entering or leaving is better than him being documented and leaving. Waivers are difficult and slow

Once he is in Brazil, get married, apply for K3 and come to US and adjust status. By getting a marriage license, it shows ur intent is to marry. So why not just get married and apply K3. I dont knwo why people are waiting for K1s. K1s take longer than K3 and just more hassle.

Getting good legal advise is good but remember attorneys often have the habit of complicating cases.

Regarding the bolded text above... When did a K-1 start taking longer than a K-3? I was under the impression and been told by others that the K-1 route was quicker.

K1 is handled by the service center and depends on how much load they have. K3 is handled by the benefits center. If the intention is to marry, with K3, your spouse can come to the US and have green card in one yr or less since you would have had already applied for I130. With K1, bear in mind that you will file I130 after coming to US. This means K1 approval, interview, travel to US etc about 6 to 9 mths and then apply for I130. This means a wait of another 9 mths for I130 approval, then 2 to 3 mths for AOS interview process etc.

According to most recent california service center dates

I130 PROCESSING FEB 06

I129 F PROCESSING MAR 06

One additonal mth in faster processing could mean more than a yr in receiving green card

[Robor007 0]

That has usually depended on the service center one had to file the I-129F with, as the NBC where I-129F's for spouse are filed were faster in a lot of cases then I-129F for fiance from eg CSC, TSC or NSC. This of course was happening pre-IMBRA. Now they are about on par with each other in a lot of instances.

Hmmm... Well, we've still got about 2 months or so to decide on our route so maybe we'll have a better idea on the timeframes once mid October rolls around. Who knows, maybe the CSC (I'm Florida so our K-1 would go Texas > California) will be clear of the backlog and flowing smoothly? Another thing to consider is the benefits and drawbacks of the different routes - maybe more important there than timeframe alone?

As always, thanks for the info!

[kitkat1 5]

Since you are not married now, and if you are not planning to get married before October, chances are pretty good that the IMBRA fiasco will cleared up by then. The best advice would be to keep paying attention to the current timelines to see if K1 approvals are moving along. We have seen June I-129 filers with approvals already.

[meauxna 15]

K1 is handled by the service center and depends on how much load they have. K3 is handled by the benefits center. If the intention is to marry, with K3, your spouse can come to the US and have green card in one yr or less since you would have had already applied for I130. With K1, bear in mind that you will file I130 after coming to US. This means K1 approval, interview, travel to US etc about 6 to 9 mths and then apply for I130. This means a wait of another 9 mths for I130 approval, then 2 to 3 mths for AOS interview process etc.

According to most recent california service center dates

I130 PROCESSING FEB 06

I129 F PROCESSING MAR 06

One additonal mth in faster processing could mean more than a yr in receiving green card

1: There is NO guarantee that a K-3 would have their Green Card inside of a year. A K-3 must either file AOS and get in line with every other type of AOS case in their District or let their immigrant visa processing complete and return to the home country for an IV.

Some Districts take up to three years to complete an AOS case.

2: A K-1 in no way, shape or form completes an I-130. Even if they did, it would be filed concurrently with the AOS application. Concurrent filers do not file i-130 and wait for approval of I-130 before filing I-485---everything happens in one filing/adjudication.

If your fiancee walked across the border and their is no document of him being here, then he should simply walk back (if at all possible). No document of him entering or leaving is better than him being documented and leaving. Waivers are difficult and slow

Once he is in Brazil, get married, apply for K3 and come to US and adjust status. By getting a marriage license, it shows ur intent is to marry. So why not just get married and apply K3. I dont knwo why people are waiting for K1s. K1s take longer than K3 and just more hassle.

Getting good legal advise is good but remember attorneys often have the habit of complicating cases.

As noted, the above is dangerous advice. Take it with a grain of salt.

Many things can be forgiven by USCIS and DOS, but lying is not one of them.

That has usually depended on the service center one had to file the I-129F with, as the NBC where I-129F's for spouse are filed were faster in a lot of cases then I-129F for fiance from eg CSC, TSC or NSC. This of course was happening pre-IMBRA. Now they are about on par with each other in a lot of instances.

Hmmm... Well, we've still got about 2 months or so to decide on our route so maybe we'll have a better idea on the timeframes once mid October rolls around. Who knows, maybe the CSC (I'm Florida so our K-1 would go Texas > California) will be clear of the backlog and flowing smoothly? Another thing to consider is the benefits and drawbacks of the different routes - maybe more important there than timeframe alone?

As always, thanks for the info!

Rob,

Another factor when your loved one is overseas is what it takes to get married. If you have two months to decide, to make a fair comparison, you'd have to be married to know which is faster, which wouldn't tell you anything since you'd not know how fast a fiance petition would go at that point!

I have never seen a case where someone got their loved on to the US *faster* than a K-1 with the exception of DCF cases (rare). You have to go there, get married, file the I-130, wait for the receipt, file I-129f. Add the difficulty factor of getting married in your particular foriegn country.

There are no 'backlogs'. This is typical CIS work balancing---a lack of 'backlog' would presume that there was some time when there was zero wait?

The primary benefit difference between a K-1 and K-3 is the travel re-entry permission (K-3 gets it, K-1 doesn't).

I don't know, usually I'd think one would go for the visa that they are qualified for. ie, you're not married, get the K-1 visa. Getting married abroad, unless done for its own reasons, won't typically speed a case up.