what is the best and quickest Visa process to use for our situation?

[Banos23 0]

Thank you for this helpful forum. My Fiancee and I have stressed over which would be the fastest and easiest process for us to go through in order for her to join me in the US and are glad that someone can help direct us in the right direction. We apologise for the lengthy question. This is our situation:

1. I am US citizen living in the States.

2. My Fiancee is a Ugandan Citizen at the moment but lives and has Permanent Residence in Canada. She is in the process of obtaining her Canadian Citizenship and we are not sure when that will come through. She also goes to school in Canada.

3. My fiance has had a BI/B2 Visa even before we got engaged and can currently visit me here in the US anytime.

4. We are getting married traditionally in Uganda in December 2012 (which will be the legal marriage) and would like the spousal visa application process started in Uganda after we get married(we were told the process has to be started in the country in which we get married - is this accurate?).

6. We have a white wedding scheduled in August next year in the States for the people who could not make it to Uganda.

5. After we get married in Uganda in December, my fiance will be back to school in Canada but would like for her to be able to join me in her holidays starting April.

Our question is:

Will she be able to enter the States after her school ends using her B1/B2 visa to visit me and also for the white wedding, supposing the spousal visa will still be pending?

Most people have advised us that a K-1 would be a much easier route for our situation. Please help!!

[Anh map 2,098]

A K1 is for people who are not married. That will not work in the plan that you have described.

You can file for the CR1 spouse visa from anywhere. Do not worry about the K3 visa.

Only the border officer knows if she will be allowed to enter the US.

[Penguin_ie 6,005]

You will need to petition her for a CR-1 spousal visa, as you will be married. You can petition her from anywhere in the world, doesn;t need to be Uganda. She can interview in Canada, as she is legally resident there. She will most likely be allowed to visit you on the B2, but as Anh Map mentioned, it is always up to the agent at the boarder.

[pushbrk 14,253]

4. We are getting married traditionally in Uganda in December 2012 (which will be the legal marriage) and would like the spousal visa application process started in Uganda after we get married(we were told the process has to be started in the country in which we get married - is this accurate?).

This was NEVER correct. You are confusing the need for a K3 visa INTERVIEW to be held in the country the marriage took place. You would file the initial petition (or in the past, petitionS) by mail to a US address regardless. Since the K3 is obsolete now anyway, even the interview issue is irrelevant. Your then spouse can interview in Canada where she LIVES. That would be Montreal. If she wishes to return to Uganda to interview, she could do that too.

After you're married but before you file anything, if your wife were visiting you in the USA, you could then decide to have her simply stay and adjust status. If she's still in school in Canada then, you probably wouldn't decide to pursue that option.

[JohnR! 5,495]

'After you're married but before you file anything, if your wife were visiting you in the USA, you could then decide to have her simply stay and adjust status.'

IMHO some bad advice here. During AOS the immigrant will not be able to leave the country until AP is approved, which may mean that someone who entered the country for a short visit may have to stay much longer, a situation for which one might be unprepared.

Logistic-wise this is a bad idea altogether, IMHO.

[pushbrk 14,253]

'After you're married but before you file anything, if your wife were visiting you in the USA, you could then decide to have her simply stay and adjust status.'

IMHO some bad advice here. During AOS the immigrant will not be able to leave the country until AP is approved, which may mean that someone who entered the country for a short visit may have to stay much longer, a situation for which one might be unprepared.

Logistic-wise this is a bad idea altogether, IMHO.

Yes, there are logistics to consider. If they don't work, don't do it. If they do work, it's an option to consider, not "bad advice".

[JohnR! 5,495]

Yes, there are logistics to consider. If they don't work, don't do it. If they do work, it's an option to consider, not "bad advice".

There is also the legal aspect to consider, depending on the interaction with the CBP officer at the POE.

I have no doubt you mean well. My personal opinion - not a judgment call by any means - is that it is an option best not indicated for a simple case of CR/IR without prejudice.

Edited August 29, 2012 by Gegel

[pushbrk 14,253]

There is also the legal aspect to consider, depending on the interaction with the CBP officer at the POE.

I have no doubt you mean well. My personal opinion - not a judgment call by any means - is that it is an option best not indicated for a simple case of CR/IR without prejudice.

We deal with this question here multiple times each week. I've been part of dealing with it for six years now, so at least several hundred times.

There are multiple things to consider when choosing among the available immigration processes, but(when based on marriage to a US Citizen) it is not illegal to adjust status while visiting on a visitor visa. Anybody who says otherwise is simply "wrong". Such adjustments are completed successfully more than a hundred times every business day.

[JohnR! 5,495]

We deal with this question here multiple times each week. I've been part of dealing with it for six years now, so at least several hundred times.

There are multiple things to consider when choosing among the available immigration processes, but(when based on marriage to a US Citizen) it is not illegal to adjust status while visiting on a visitor visa. Anybody who says otherwise is simply "wrong". Such adjustments are completed successfully more than a hundred times every business day.

The statement you make is incorrect. There are circumstances under which it is considered fraud to adjust status while visiting on a visitor visa, and there is legislation to that effect. It all depends on what information is exchanged with the CBP officer at the POE, so it would be imprudent to make a blank statement to the contrary.

It would be unwise to assume that all applicants are approved and that there are no consequences to those who are not approved.

Edited August 29, 2012 by Gegel

[pushbrk 14,253]

The statement you make is incorrect. There are circumstances under which it is considered fraud to adjust status while visiting on a visitor visa, and there is legislation to that effect. It all depends on what information is exchanged with the CBP officer at the POE, so it would be imprudent to make a blank statement to the contrary.

It would be unwise to assume that all applicants are approved and that there are no consequences to those who are not approved.

I SAID there are things to consider. You are correct that there are circumstances where it can be considered fraud to adjust status while visiting but FOR THE SPOUSE OF A US CITIZEN, the intent (upon entry) to do so, is not one of those circumstances. You are simply WRONG. Please DROP IT.

I'm not assuming anything. I'm indicating an option for consideration.

[JohnR! 5,495]

I SAID there are things to consider. You are correct that there are circumstances where it can be considered fraud to adjust status while visiting but FOR THE SPOUSE OF A US CITIZEN, the intent (upon entry) to do so, is not one of those circumstances. You are simply WRONG. Please DROP IT.

I'm not assuming anything. I'm indicating an option for consideration.

We agree to disagree. No harm done.

In the end, it is a matter of law, rather than opinion.

Have a great day!

Edited August 29, 2012 by Gegel

[Banos23 0]

Yes, there are logistics to consider. If they don't work, don't do it. If they do work, it's an option to consider, not "bad advice".

Thanks for all the input. She is a full time student in Canada and due to graduate in 2014. During the summer she does an internship at a company she has been working at for over 4 years. But from my understanding, if you want to do the AOS, she would have to leave with me in the US and cannot go back to Canada till the process is done?

[pushbrk 14,253]

We agree to disagree. No harm done.

In the end, it is a matter of law, rather than opinion.

Have a great day!

Yes, it is. That's why so may lawyers recommend adjusting status, when the option is available. I'm not making this stuff up.

[JohnR! 5,495]

Thanks for all the input. She is a full time student in Canada and due to graduate in 2014. During the summer she does an internship at a company she has been working at for over 4 years. But from my understanding, if you want to do the AOS, she would have to leave with me in the US and cannot go back to Canada till the process is done?

That is correct and one of the implications of doing AOS in the US. She would not be able to leave the US until her AP is approved. As you file for AOS you can request AP, which would allow her to leave the US and return to Canada.

[Banos23 0]

You will need to petition her for a CR-1 spousal visa, as you will be married. You can petition her from anywhere in the world, doesn;t need to be Uganda. She can interview in Canada, as she is legally resident there. She will most likely be allowed to visit you on the B2, but as Anh Map mentioned, it is always up to the agent at the boarder.

Thanks for the input. So after the marriage in uganda, so once we come backI can go ahead and file the I-130 right away. What what happens next after that?