Riddle me this Batman...

[Invincer 0]

In a nutshell, my Fiancee had to go through a 3 year wait from when we first started a K1 (refused, resubmitted, she had sick Mom- could not do resubmitted's interview till December). She arrived December 16th. Things have been great, and we want to get married, after taking the time to live together and see how well things went.

Here is the predicament however...

Nataliya's Mom is very ill, and is going to have surgery on March 13th in Ukraine. Nataliya has to be there for her, no ifs ands or buts... plus she may need to stay a while there to look after her. At this point I don't see how we can get married, file for the AOS, and get the Advance Parol in time before she has to go. No way we would even get the interview in time, and I have read getting an emergency visa is next to impossible without an act of God. The only other option I can see would be to get married and apply for the spousal visa or don't get married yet and re-apply for the fiancée visa again. Considering the situation, i would think either submission would go through without a hitch here and at any interviews. Would it be better to get married before she goes back to Ukraine or would that hold things up while resubmitting for a fiancee visa? She may have to be back there for 6 months anyways, so even if she had her AOS I think I remember reading she could not be in another country outside the USA half of a year or more anyways, not sure on this one.

Anyways, what are my best options or choices in this situation? Could even go over there myself in a few months possibly and get married there to apply for marriage visa, or would getting married here before she goes back be better? I just don't know which is the best avenue to take here....

Any help or thoughts appreciated. thanks!

[TBoneTX 43,058]

The K-1 visa is a one-entry-only visa, and you must be married within 90 days of the entry.

(It's been 2.5 months. Why haven't you married yet?)

Beat it down to a Justice of the Peace and get married. See if you can hand-carry your signed marriage license to the courthouse so that you can order marriage certificates (plural) while you wait. Then, immediately file for AOS & AP & EAD. Then, collect all pertinent information (copies of your AOS/AP/EAD packages, medical reports, letters from mother's doctors, and certified translations thereof) and set an InfoPass appointment. Explain your predicament and ask for emergency Advance Parole.

If she leaves and you're not married, you'd have to start all over by filing the CR-1 petition. Holy Lack of Time, Batman!

Edited February 26, 2011 by TBoneTX

[milimelo 4,196]

I say since her mom's ill she will want to stay longer there and care for her. I'd suggest getting married and filing for spousal visa.

[Barbara J 115]

In a nutshell, my Fiancee had to go through a 3 year wait from when we first started a K1 (refused, resubmitted, she had sick Mom- could not do resubmitted's interview till December). She arrived December 16th. Things have been great, and we want to get married, after taking the time to live together and see how well things went.

Here is the predicament however...

Nataliya's Mom is very ill, and is going to have surgery on March 13th in Ukraine. Nataliya has to be there for her, no ifs ands or buts... plus she may need to stay a while there to look after her. At this point I don't see how we can get married, file for the AOS, and get the Advance Parol in time before she has to go. No way we would even get the interview in time, and I have read getting an emergency visa is next to impossible without an act of God. The only other option I can see would be to get married and apply for the spousal visa or don't get married yet and re-apply for the fiancée visa again. Considering the situation, i would think either submission would go through without a hitch here and at any interviews. Would it be better to get married before she goes back to Ukraine or would that hold things up while resubmitting for a fiancee visa? She may have to be back there for 6 months anyways, so even if she had her AOS I think I remember reading she could not be in another country outside the USA half of a year or more anyways, not sure on this one.

Anyways, what are my best options or choices in this situation? Could even go over there myself in a few months possibly and get married there to apply for marriage visa, or would getting married here before she goes back be better? I just don't know which is the best avenue to take here....

Any help or thoughts appreciated. thanks!

Well you have left it too late to marry and apply for AOS as she would not get AP papers in time to go back to her mum. get married and then file CR1 while she is with her mum. Have no idea why you have waited so long and are not married yet you could have avoided all of this and she would have had her AP in hand and be able to stay with her mum 6 months.

Edited February 27, 2011 by Barbara J

[Gary and Alla 3,694]

get married. file for the AOS, get the NOA1 and make an appointment at your local USCIS office to apply for an emergency AP. She can leave then country and have the AP sent to the consulate in Kiev. The AP is valid for one year.

If you have waited too long to do that, then you will have to start over with a K-1 or go to Ukraine, marry her and file for a CR-1

[Invincer 0]

Well I have been married before, and we had waited 3 years to be together; so we both decided to live together for at least 2 of those 3 months before getting married because we wanted to be sure. 3 months certainly feels too short a test period to begin with. Then when we were sure, the problems with her Mom arose. She will likely be there for 6 months or quite possibly longer, and even if we have the AOS I read something somewhere about having to be in the US during the temporary visa time more than outside of the US, though i don't remember where I read it. So this is why I was or am hesitant to file the AOS with her length of time back in Ukraine being too unknown as to what will be needed.

So I am mainly looking at the options of...

1. Don't get married yet, and redoing the Fiancée visa all over again after she is back in the Ukraine.

2. Get married this week, then apply for a Spousal Visa after she is back in Ukraine.

3. Don't get married here, but go over there this Summer, get married there, and apply for the Spousal Visa.

Option 3 is nice sounding to her, we could have a wedding so her family could attend it; but i am thinking it would add a lot more time to the wait period compared to filing a Spousal visa after already being married here. There is also the option to get married here, apply for the spousal visa, and then take a trip there for a wedding ceremony after approval and coming back together, but that is just a variation on option 2. I have a call into my congressman to see what he thinks. Out of those three options, what would be the better route?