Time Sensitivity

[the_onionman 0]

Hi, so, first-timer here with a lot of questions.

First, my situation: I am an American citizen. My fiancee is a Greek citizen. Our wedding has been planned for this coming June 15th since last year. I have been living in Greece on a student visa for the past year. In August, I will be starting a doctoral program in the U.S.

Our plan was to travel together from Greece to the U.S. in the summer. But I guess we were a bit... nonchalant about looking into the immigration situation; now we're in the initial stages of a freakout. Lesson learned.

Basically, the k1 visa doesn't look like an option. Her big extended Greek family is expecting a wedding, we've been planning a wedding, all the deposits are paid etc. But (as far as I can tell) you cannot file an I-130 without already being married; we won't be married until June; and we need to be in the States in August.

In short, I'm very concerned about her ability to stay in the U.S. Technically she can enter through the Visa Waiver Program, however from what I understand she would have to leave and re-enter before changing her immigration status. Is there any way she can stay in the United States while we wait for the paperwork to clear?

I've begun looking into Direct Consular Filing (which may be an option since I'm legally a resident of Greece) but I'm really at a loss. Can anyone help? Thanks a million in advance.

Edited March 12, 2013 by the_onionman

[oohpartiv 484]

If you guys get married (which I would suggest - I personally have found it simpler than the K-1 process), she won't be able to stay with you in the US the entire time, because she'll have to attend the interview in her home country and there are several documents that she'll need from her home country. Also, although she can get in on VWP, be prepared for her to be denied entry at the POE. This won't have any effect on her I-130 process, if it does happen, but even if she is allowed in, I wouldn't recommend her staying for more than a month or so at a time. If you are eligible for DCF, I'd recommend that, but remember that you absolutely must be married before starting the process, and although DCF is fast, I doubt it would be completely finished and ready to go in less than two months. Good luck on whatever you decide to do!

Edited March 12, 2013 by oohpartiv

[the_onionman 0]

If you guys get married (which I would suggest - I personally have found it simpler than the K-1 process), she won't be able to stay with you in the US the entire time, because she'll have to attend the interview in her home country and there are several documents that she'll need from her home country. Also, although she can get in on VWP, be prepared for her to be denied entry at the POE. This won't have any effect on her I-130 process, if it does happen, but even if she is allowed in, I wouldn't recommend her staying for more than a month or so at a time. If you are eligible for DCF, I'd recommend that, but remember that you absolutely must be married before starting the process, and although DCF is fast, I doubt it would be completely finished and ready to go in less than two months. Good luck on whatever you decide to do!

Thanks so much for the reply, and also for the insight about getting married first.

This doesn't seem possible judging from what you've said, but just in case, is it possible to file an I-485 together with an I-130 during her stay under the VWP? The instructions at USCIS seem to indicate that it is. But the whole thing is so confusing and ambiguous...

[JohnR! 5,495]

Thanks so much for the reply, and also for the insight about getting married first.

This doesn't seem possible judging from what you've said, but just in case, is it possible to file an I-485 together with an I-130 during her stay under the VWP? The instructions at USCIS seem to indicate that it is. But the whole thing is so confusing and ambiguous...

You can get married and she can come visit you but she cannot apply for her AOS here in the US, for it is considered fraud to enter the US, with a non-immigrant visa/VWP with the intention to stay.

Go ahead, have the big wedding in Greece and get started with the I-130 so by the time you get here you'll be two months into the process. She can enter with you and stay for 90 days under VWP and she will need to go back to Greece to prepare her documentation to get her immigrant visa and be able to enter the US as a resident.

It is nothing much too complicated. It is just a matter of time and paperwork.

Congrats and good luck!

[Saylin 1,605]

Hi, so, first-timer here with a lot of questions.

First, my situation: I am an American citizen. My fiancee is a Greek citizen. Our wedding has been planned for this coming June 15th since last year. I have been living in Greece on a student visa for the past year. In August, I will be starting a doctoral program in the U.S.

Our plan was to travel together from Greece to the U.S. in the summer. But I guess we were a bit... nonchalant about looking into the immigration situation; now we're in the initial stages of a freakout. Lesson learned.

Basically, the k1 visa doesn't look like an option. Her big extended Greek family is expecting a wedding, we've been planning a wedding, all the deposits are paid etc. But (as far as I can tell) you cannot file an I-130 without already being married; we won't be married until June; and we need to be in the States in August.

In short, I'm very concerned about her ability to stay in the U.S. Technically she can enter through the Visa Waiver Program, however from what I understand she would have to leave and re-enter before changing her immigration status. Is there any way she can stay in the United States while we wait for the paperwork to clear?

I've begun looking into Direct Consular Filing (which may be an option since I'm legally a resident of Greece) but I'm really at a loss. Can anyone help? Thanks a million in advance.

If you want any chance of being in the US by August, you'll have to do DCF. Get married first. The next day (or as soon as possible), send the I-130 petition through DCF to the embassy there in Greece. Their information is here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b0bdc89b365d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD You may want to call them and ask about their process. I've noticed some places process things differently in the DCF process.

Now, normally, the non-DCF process takes 5 months at USCIS, around 2-3 months at NVC, and then another 2 months until the interview at the embassy. DCF cases usually go faster as they only deal with the field office. Depending on Greece's workload, it may go a lot faster than that. But it's still not certain that you'll get everything done within 2 months.

Is there any way you can change the date of the wedding to be sooner? That would give you some more leeway.

Once an I-130 petition is filed, it may be extremely hard for your wife to visit the US with you under the VWP. She may very likely get denied entry.

My suggestion is to get into contact with the Greece office and explain your situation. If possible, show up in person as it may be easier. They'll be able to tell you a lot better what their DCF process is (and how long it may take).

Thanks so much for the reply, and also for the insight about getting married first.

This doesn't seem possible judging from what you've said, but just in case, is it possible to file an I-485 together with an I-130 during her stay under the VWP? The instructions at USCIS seem to indicate that it is. But the whole thing is so confusing and ambiguous...

Filing for AOS (Adjustment of Status) within the US can only occur if you both got married within the US and neither of you were planning on it before getting to the US. What you're suggesting (travelling to the US after being married and then applying for AOS) is immigration fraud.

[Ms Hogan 296]

Can you do a civil ceremony just to get the paperwork rolling and then do a ceremony with family and friends later?

[Saylin 1,605]

Can you do a civil ceremony just to get the paperwork rolling and then do a ceremony with family and friends later?

Good suggestion!

[the_onionman 0]

Can you do a civil ceremony just to get the paperwork rolling and then do a ceremony with family and friends later?

Yes, I was discussing this very possibility with my fiancee last night. We still don't have all the documents completely ready (the wedding is scheduled for three months from now, after all), and she seemed to indicate that even a civil ceremony will take at least a few weeks to schedule; she's a lawyer so I trust her knowledge

The only potential hiccup is that we're having a religious Greek Orthodox marriage and they tend not to like it if you've already had a civil ceremony, in fact they asked us about it when we booked the church. But these are clearly unusual circumstances.

Filing for AOS (Adjustment of Status) within the US can only occur if you both got married within the US and neither of you were planning on it before getting to the US. What you're suggesting (travelling to the US after being married and then applying for AOS) is immigration fraud.

Well I certainly didn't mean to suggest fraud! I understand the problem, that's why I asked the question, but it all seems so Catch-22 to me. You're allowed to adjust your status, even if you're already married, but you're not allowed to have intended in the past to enter the U.S. with the intent to adjust your status.

[Saylin 1,605]

[...]

Well I certainly didn't mean to suggest fraud! I understand the problem, that's why I asked the question, but it all seems so Catch-22 to me. You're allowed to adjust your status, even if you're already married, but you're not allowed to have intended in the past to enter the U.S. with the intent to adjust your status.

It's not really a Catch-22. Typically, for AOS cases, it goes like this: the foreign spouse is visiting the petitioner in the US. They're either just a couple or engaged. They then decide on the spur of the moment to get married while the beneficiary is visiting. From that, since the beneficiary entered the country without the intent to marry, they're legally allowed to apply for AOS. So, you can only adjust your status when you're married from within the US. This doesn't work for couples who marry outside the US, like in your case.

[B & G 200]

Yes, the process of getting a marriage license in Greece is alil time consuming, but doable in your timeframe. DCF takes about 3 months here in Greece, I have acquaintances that just went thru the process recently.

My advice is get all your paperwork gathered asap and have a civil ceremony and file for DCF, then inform the church that you are already married. I havent heard of a church ever denying someone a religious ceremony because they are already married, plenty of couples here in Greece do it.

Good luck!