Getting married

[Sam1234 0]

I might have posted in the wrong section, if i did please forgive me. My fiance and I are going to get married. I have been holding off just because i dont want to mess up anything with the visa process i need to start. My question is, My fiance has a visitor visa and we can get married in the U.S. or in Mexico. What would be the best place to get married?

Next, what would be the easiest route to do the paper work? should i get her a fiance visa, start the paperwork with her basically overstaying a traveling permit she has, or do the paper work while she is in Mexico through the consulate? I would be very thankful for any input, and even more thankful if any one could provide the visa process for my best option with what forms i would need. I would hire a lawyer but at this moment i cannot afford one. I was quoted 4500 for the full procedure by a lawyer and this is money i just dont have. I have enough for the USCIS forms. Thanks in advance for any info, I appreciate it.

[canadian_wife 1,791]

http://www.visajourney.com/content/compare

Look at the guide to see what visa is best for you

Then know she should NEVER overstay her visa. If she enters the US to get married, it is important that she leave when her authroized say is completed

Good luck

[Ryan H 3,790]

Moved from K3 Process & Procedures to General Immigration-related discussion; OP is currently considering options.

[Dan C. 18]

You have a few options:

1. Get married in the United States and try to adjust her visitor visa to a green card

This option is risky, mainly because a visitor visa is just that -- for visiting. It's a non-immigrant visa, and you'd have to prove that she entered the United States without intent to immigrate, otherwise you risk facing bans. If your fiancee came into the US, and you two got married, but she wasn't planning on staying when she came into the US, you could do this option, but you probably would need a lawyer, and I'd say the risks outweigh the benefits.

2. File for the fiancee visa

Basically, with this option, you petition for a fiancee visa (K-1). It will take about 6-7 months to get one. Once she gets it, she uses it to enter the United States, and from that point, you have 90 days to get legally married (otherwise the visa is void). Once you do, you file paperwork to adjust her status from the K-1 to a CR-1 visa (green card). During the adjustment of status process, your wife-to-be will not be able to leave the US. Once she has her green card, she's free to come and go as she pleases.

3. Get married, have her return home, and file for the green card (CR-1) directly

This option can take a couple months longer than the K-1, but instead of getting a temporary visa like a fiancee visa, she gets her green card. You won't have to go through the status adjustment, which means that there won't be any travel restrictions or additional costs. It's a longer initial wait to get the visa, by a month or two, but it's a shorter overall process.

It depends on your individual situation, but my wife and I went for option 3—she came to visit, we got married, and then she we returned home and I filed for the visa. While her visa process was progressing, she was still able to use her visitor visa to come and visit, plus we had our marriage paperwork in English. We also got to skip the adjustment of status phase, and the extra costs and travel restrictions associated with that. And, the CR-1 processing at Ciudad Juarez is all electronic (I believe the K-1 is still hard-copy paperwork).

The comparison page that canadian_wife posted has the costs on there, but you can see that the K-1 costs more, because you have to pay $900

All in all it was pretty straightforward. Since your fiancee already has a visitor visa, and costs are a concern, #3 might be your best option.

If you have any questions, let me know.

Edited March 23, 2012 by Dan C.

[Sam1234 0]

You have a few options:

1. Get married in the United States and try to adjust her visitor visa to a green card

This option is risky, mainly because a visitor visa is just that -- for visiting. It's a non-immigrant visa, and you'd have to prove that she entered the United States without intent to immigrate, otherwise you risk facing bans. If your fiancee came into the US, and you two got married, but she wasn't planning on staying when she came into the US, you could do this option, but you probably would need a lawyer, and I'd say the risks outweigh the benefits.

2. File for the fiancee visa

Basically, with this option, you petition for a fiancee visa (K-1). It will take about 6-7 months to get one. Once she gets it, she uses it to enter the United States, and from that point, you have 90 days to get legally married (otherwise the visa is void). Once you do, you file paperwork to adjust her status from the K-1 to a CR-1 visa (green card). During the adjustment of status process, your wife-to-be will not be able to leave the US. Once she has her green card, she's free to come and go as she pleases.

3. Get married, have her return home, and file for the green card (CR-1) directly

This option can take a couple months longer than the K-1, but instead of getting a temporary visa like a fiancee visa, she gets her green card. You won't have to go through the status adjustment, which means that there won't be any travel restrictions or additional costs. It's a longer initial wait to get the visa, by a month or two, but it's a shorter overall process.

It depends on your individual situation, but my wife and I went for option 3—she came to visit, we got married, and then she we returned home and I filed for the visa. While her visa process was progressing, she was still able to use her visitor visa to come and visit, plus we had our marriage paperwork in English. We also got to skip the adjustment of status phase, and the extra costs and travel restrictions associated with that. And, the CR-1 processing at Ciudad Juarez is all electronic (I believe the K-1 is still hard-copy paperwork).

The comparison page that canadian_wife posted has the costs on there, but you can see that the K-1 costs more, because you have to pay $900

All in all it was pretty straightforward. Since your fiancee already has a visitor visa, and costs are a concern, #3 might be your best option.

If you have any questions, let me know.

Thank you all for the useful information i really appreciate it. Ciudad Juarez will be where i file and by the info i received i would choose option 3. Where can i get the info on how to start the process, what i would expect, forms needed, and cost? I want to get this started ASAP, We will probably get married in El Paso very soon. Where do i find info on cr-1?

[LeftCoastLady 441]

Thank you all for the useful information i really appreciate it. Ciudad Juarez will be where i file and by the info i received i would choose option 3. Where can i get the info on how to start the process, what i would expect, forms needed, and cost? I want to get this started ASAP, We will probably get married in El Paso very soon. Where do i find info on cr-1?

http://www.visajourney.com/content/i130guide1

[Dan C. 18]

The page that LeftCoastLady is exactly what you need. The I-130 is the first step in your process. Follow those instructions to the letter, and you should be in good shape.

Also, it might be a good idea to start compiling information to prove you have a bonafide relationship now. Plane tickets, phone bills, photos of you two together, all that stuff. Then, once you have your marriage certificate, you'll be ready to go.

The more info that you have, the better off you'll be—and the less likely you will be to receive a RFE (request for evidence).

[Sam1234 0]

The page that LeftCoastLady is exactly what you need. The I-130 is the first step in your process. Follow those instructions to the letter, and you should be in good shape.

Also, it might be a good idea to start compiling information to prove you have a bonafide relationship now. Plane tickets, phone bills, photos of you two together, all that stuff. Then, once you have your marriage certificate, you'll be ready to go.

The more info that you have, the better off you'll be—and the less likely you will be to receive a RFE (request for evidence).

Got it. Wow, that guide made it pretty simple for me. Dan you said earlier that the consulate in Juarez does the I-130 electronically. Is there anything i have to do so that this is done electronically or does it happen automatically? Oh and one more question, will she still be able to get traveling permits while this is in process? Thanks! I am really glad i found this website its made life much easier for me. Thank you all for your input.

[Dan C. 18]

OK, let me clarify—the I-130 will be almost completely paper-based. You can fill out a form to get electronically notified when activity happens on your case (info about this is in the guide. All the official communication, however, will be on paper for the I-130.

Once your I-130 is approved, your case will be forwarded to the National Visa Center, and you'll get some emails from them, letting you know that your case is eligible for further processing there. At that time, you can send them an email (per the instructions on the page linked below) opting in for Electronic Processing.

http://travel.state.gov/visa/visa_5162.html

To be honest, I'm not sure if this step is needed. CR-1 visas at Juarez have to be electronically processed (if I remember correctly). But I sent the opt-in email anyway.

So, step one, get your evidence together, and get that I-130 packet out. Once it's received, you'll have a few months to wait before you get to deal with the NVC. Once you do, it'll all be electronic.