Jump to content
Zachariadis

Need visa advice! Help!

By Zachariadis in K-3 Spouse Visa Process & Procedures

 Share

4 posts in this topic

Recommended Posts

Zachariadis Newbie

Zachariadis   0

Posted
Filed: Country: Greece
 Timeline
Posted

I am in a certain situation that I'm sure many people have been through before but I just can't seem to understand what I read. Here's my story:

My fiance is here (in the US) from Greece on the Visa Waiver Program (I guess that's considered a tourist visa?) so he has 90 days and then has to return. But, we have decided we would like to get married (and as soon as possible). So my question now is what is the best and fastest route to go?

Can we get married now while he is here?

Should we get married now and file as a spouse?

Should we not get married and file as fiance?

Is there a better way to file that I haven't read about?

Whichever route is best, what forms do I need? Are there offices where I can go in and talk to someone about this process? I am really clueless and as much research as I do, I feel like there are so many options, I just don't understand. Please help, any insight at all no matter how small is very much appreciated! Thank you!

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

If he did not originally enter on the VWP with the intent to marry you and stay in the US, then yes - you can marry and file to adjust her status within the US. It will take roughly 4-6 months, cost you about $2,000, and if for any reason your petition was denied, you cannot appeal the decision because he entered under the VWP and waived his right to appeal when doing so. However, many VWP petitions are approved, but naturally there's always the risk of denial with any immigration petition - so keep that in mind.

Other options are either the K1 fiance visa - he leaves, returns home, you apply for a fiance visa while he is in Greece getting his affairs in order, and once the visa is issued he returns to the US with the K1 fiance visa. You will then have 90 days to marry, and then you proceed to adjust his status to permanent resident.

Thirs, and in my opinion the safest and cheapest option, is the CR-1. You can marry now while he is in the US on the VWP (or you can choose to take your time to organize a wedding and do it whenever and in which ever country) - after the marriage, he goes back home to Greece. You apply for the CR-1 spousal visa for him. While he is waiting for that to be processed, he will have time to get is life wrapped up in Greece, close bank accounts, resign from his work, get all his affairs in order back home - and in about 9 months, once the visa has been issued, he will enter the US and upon entry he'll immediately become a permanent resident. There is no AOS process, no periods when he can't work in the US or travel internationally.

You just need to read up on the different options and pick one. Once you know the cost, timelien and risks associated with each, you'll be able to make an informed decision based on your particular situation. The key word is to read, read, read. Study the instructions and processes until you really understand them, and then make a decision.

On a side note, he should not ovestay his VWP. Nothing good ever comes out of that.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

pushbrk Grand Master

pushbrk   12,979

Posted
Filed: Other Country: China
 Timeline
Posted

I am in a certain situation that I'm sure many people have been through before but I just can't seem to understand what I read. Here's my story:

My fiance is here (in the US) from Greece on the Visa Waiver Program (I guess that's considered a tourist visa?) so he has 90 days and then has to return. But, we have decided we would like to get married (and as soon as possible). So my question now is what is the best and fastest route to go?

Can we get married now while he is here?

Should we get married now and file as a spouse?

Should we not get married and file as fiance?

Is there a better way to file that I haven't read about?

Whichever route is best, what forms do I need? Are there offices where I can go in and talk to someone about this process? I am really clueless and as much research as I do, I feel like there are so many options, I just don't understand. Please help, any insight at all no matter how small is very much appreciated! Thank you!

If, as a personal practical matter, he can remain in the USA a few months, simply go ahead with your marriage plans and adjust his status. Any "overstay" will be forgiven but you should file the AOS paperwork before the 90 days is up, if possible.

If he has a personal need to leave the USA soon, then go ahead and marry and follow the CR1 visa Guide for a spouse visa.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...