Fiance/Marriage Visa Question

[Cilian7 1]

Hello. I'm new to the forum but have so far found it very helpful - especially the immigration guides. I met my girlfriend several months ago online and was able to visit her a couple months ago, a short time after which we began seriously discussing the prospect of marriage. She's a citizen of Canada currently living there and I am a US citizen currently residing here. We have decided that if we marry she will move down here.

There are a few circumstances on both ends that complicate the timing so we are looking into the best options for a convential transition when that time comes. The complications around this are primarily on her end. For instance, she would have to provide notice (at least 2 weeks) at her work, and she has a car full of things she would be driving down with. I have heard advice from various people that is either confusing or conflicts about "intent" as far as which Visa type should be sought for a short-term transition.

Our ideal situation, which we don't even know if it would be possible, would be for her to visit me, for us to be engaged and/or married on that trip, and for her to immediately return to Canada to finish up her last weeks of work and get things in order for the final move down. Is there any Visa scenario where this could happen? How would the "Advance Parole" play into this, and what would the timing on that process look like? How would an "Adjustment of Status" otherwise play into it?

Before I visit a lawyer on this matter I would like to appeal to the expertise and insight of the users of this forum to help me to better understand what our options are. In particular, I am hoping we could have some example scenarios presented and explained (particularly for the shortest possible transition, and what the approximate timeframes for each of the steps might look like).

Thank you all very much for your time. All your help and input is much appreciated.

[ricnally 258]

All the options are in the guides. Don't go to a lawyer--it's all here.

[KayDeeCee 4,892]

Either one works for your plans. She can visit and you can get engaged or married. She would return home and you would file a petition, either the I-129F for a fiance(e) or the I-130 for a spouse. It will take quite a few months, perhaps even almost a year before she would have her visa in hand and be able to enter the US with it.

With the K-1, you will need to marry within 90 days of her entering the US and then file for AOS. She could not leave and re-enter without having AP or the green card in hand. It takes about 2-3 months after filing for AOS before receiving EAD/AP.

With the CR-1 spousal visa, she would become a permanent resident upon entry and be able to work and travel internationally right away.

Check out the comparison chart > http://www.visajourney.com/content/compare

Read through the guides to better understand the requirements and processes > http://www.visajourney.com/content/guides

[Cilian7 1]

Either one works for your plans. She can visit and you can get engaged or married. She would return home and you would file a petition, either the I-129F for a fiance(e) or the I-130 for a spouse. It will take quite a few months, perhaps even almost a year before she would have her visa in hand and be able to enter the US with it.

With the K-1, you will need to marry within 90 days of her entering the US and then file for AOS. She could not leave and re-enter without having AP or the green card in hand. It takes about 2-3 months after filing for AOS before receiving EAD/AP.

With the CR-1 spousal visa, she would become a permanent resident upon entry and be able to work and travel internationally right away.

Check out the comparison chart > http://www.visajourney.com/content/compare

Read through the guides to better understand the requirements and processes > http://www.visajourney.com/content/guides

Thanks for the clarification on that. Not sure how often the guides update, but are the times accurate up to now/recently (ie: CR-1 being 7 months)?

Is there a way to expedite the AP? If she were to travel back to Canada before the AP arrived would she simply not be able to re-enter the US until the AP arrived, or would that restart/negate the entire process (and maybe require the CR-1 route)?

Can someone explain to me what "intent" is all about in the context of the proceedings? I was told there are things that could be done within the process (say of the K-1) that could complicate or derail it? If that doesn't make sense I could try and clarify. Thanks on that.

All the options are in the guides. Don't go to a lawyer--it's all here.

Is the process of doing it really that straight forward? Would a lawyer be required at any point and/or would it help to avoid complications or shorten timeframes if a lawyer is involved?

[ricnally 258]

From what I've seen on here, a lawyer is an unnecessary expense that does not help to "avoid complications" or shorten timeframes at all, and in fact, many people report that their lawyer was pretty much useless, and a times, a hindrance. You can do it all yourself with a reasonable amount of conscientiousness.. .

[Sandris&Jim 3]

Hello! timing is not accurate at all. My K1 visa took us 10 months and it was faster than the Spouse visa!!

[Cilian7 1]

Hello! timing is not accurate at all. My K1 visa took us 10 months and it was faster than the Spouse visa!!

Thanks for the info. When did you file? Did you also file for an AP? If so, how long did it take?

[ricnally 258]

For the K1, AP is currently taking 2-3 months, but who knows what the processing time will be by the time you get to that stage.

[pachacuti 154]

Thanks for the info. When did you file? Did you also file for an AP? If so, how long did it take?

In your original scenario you seem to be under the impression that she can just come down here, get married, go back to Canada, wrap up her affairs and then whisk right back down. This is not the way it works.

I kind of get the impression that you are thinking of adjusting status for her when she is here. She would have come into the country with the intent to marry which is visa fraud. (sorry if it sounds as harsh as it does, but them's the rules).

So, assuming you are not intending to break the law, you are looking at either a CR1 (marriage visa) or a K1 (fiancee visa). As far as timing is concerned, let me kind of play with the scenario you talked about and see if I can paint a picture.

CR1. She comes down as a tourist, you get married and then she returns to Canada. No fraud. You would then file a petition to apply for a CR1 visa. The petition will take several (6 to 10) months to approve. Once that is approved, the case is sent to the Department of State and the foreign consulate where the actual visa processing, interview, affidavit of support, etc will take place. This will take another few months (I don't 2 to 6). She would have 6 months to immigrate. Once she enters the US would be a Permanent Resident (Conditional, but that is a story for another day). She could work and leave the country whenever she wants.

K1, you would file right now a petition for her to apply for a fiancee visa. You would again wait a long time (5 to 10 months). Then the case is forwarded to state and the consulate for the second half (another 2 to 6 months). Then she would come here within 6 months of having her visa. Once she gets to the US, she has 90 days to marry. Once she marries then you apply for the Adjustment of Status, the Employment Authorization and the Advance Parole. The AOS takes loads of time, but the EAD and the AP take 2 to 3 months. She would not be able to work or leave the country until she has the EAD and the AP, respectively. The AP can be expedited, in the case of some kind of emergency (death in the family). Of course "expediting" with USCIS can itself be a lengthy process.

I hope you can see that in both situations, your fiancee would have ample time to settle their affairs before immigrating. Your timing issues seem to me only relevant if you are considering having her overstay a tourist visa (or whatever they call what Canadians come down here on), which everyone on VJ would advise you not to do.

Good luck on your journey.

[KayDeeCee 4,892]

Thanks for the clarification on that. Not sure how often the guides update, but are the times accurate up to now/recently (ie: CR-1 being 7 months)?

Is there a way to expedite the AP? If she were to travel back to Canada before the AP arrived would she simply not be able to re-enter the US until the AP arrived, or would that restart/negate the entire process (and maybe require the CR-1 route)?

Can someone explain to me what "intent" is all about in the context of the proceedings? I was told there are things that could be done within the process (say of the K-1) that could complicate or derail it? If that doesn't make sense I could try and clarify. Thanks on that.

Is the process of doing it really that straight forward? Would a lawyer be required at any point and/or would it help to avoid complications or shorten timeframes if a lawyer is involved?

As I previously stated, it can take up to a year or more from filing the petition to getting the visa after applying for it at the consulate in the foreign fiance(e)'s home country and having an interview. I think at the moment it averages around 8-10 months. There are no exact set times to ever really rely on in the immigration process.

If it takes so long to get the visa, why would she still need expedited AP? She would finish up what she needs to in her country before coming to the US with the visa. If it is a K-1 visa, then she needs to file for AOS after you marry, which is when she applies for EAD(employment) and AP(travel). It takes 2-3 months from filing AOS to receive the EAD/AP. If there is a true emergency before the AP is approved, then you can seek an expedite of your AP based on the emergency, such as an illness or death in the family you need to return right away for. You need documentation of the emergency to be approved for it.

Yes, if she enters with a K-1 and marries you, she must not leave the US without AP or the green card. If she does, then she abandons her AOS and you would need to start all over again and apply for a spousal visa in order to get her back into the US.

Which 'intent' are you speaking of? For a K-1, you must sign letters of intent stating you are free to marry and will do so within 90 days of the foreign fiance(e)'s arrival in the US with a K-1. There is an example letter here on VJ most people use. If you are talking about entering the US with the intent to marry, adjust status and stay, well then, that is visa fraud. It is perfectly legal for her to enter with the intent of marrying you while here. However, she cannot stay. She must return home while you go through the process of getting a spousal visa for her to enter with. At that time, she would become a permanent resident upon entry. No filing of AOS when using a CR-1.

You really do need to read over the guides, flow chart, and do more research on how the immigration processes work.

Oh, and VJ is a DIY site. Most members here do it themselves. A lawyer is not needed for uncomplicated cases. However, it does take time and being diligent about researching and educating yourself so you can succeed.

[Cilian7 1]

Sifting through the guides and interpreting some of the semi-legal speak, this is how I currently understand the K1 process to work, and I please correct me if I am wrong on any of this...

1.) The prospective-fiance enters the US and becomes engaged, after which they will return to their home country and the K1 process begins with the I-129F filed by the US citizen on their behalf.

2.) There is an approximately 6-month waiting period during the processing of the K1, which is necessary for them to re-enter the US and marry. Upon approval they move to the US and marry within 90 days (else unlawful status could be accrued).

3.) Following marriage the spouse remains in the US for the duration of the process to receive permanent resident status. They can work and freely travel if the AOS is filed and approved (how soon in his process can that filing begin?).

Please forgive my ignorance on this process if I am off in my understanding of any part of it. I respectfully request clarification from someone who can provide it if that is the case.

Thanks.

[Adrian_Trischa 6]

Sifting through the guides and interpreting some of the semi-legal speak, this is how I currently understand the K1 process to work, and I please correct me if I am wrong on any of this...

1.) The prospective-fiance enters the US and becomes engaged, after which they will return to their home country and the K1 process begins with the I-129F filed by the US citizen on their behalf.

2.) There is an approximately 6-month waiting period during the processing of the K1, which is necessary for them to re-enter the US and marry. Upon approval they move to the US and marry within 90 days (else unlawful status could be accrued).

3.) Following marriage the spouse remains in the US for the duration of the process to receive permanent resident status. They can work and freely travel if the AOS is filed and approved (how soon in his process can that filing begin?).

Please forgive my ignorance on this process if I am off in my understanding of any part of it. I respectfully request clarification from someone who can provide it if that is the case.

Thanks.

1) The minimum requirements is for the petitioner to have visited the beneficiary within the last 2 years. The "prospective fiance" aka beneficiary does not necessarily have to get engaged within the US. The I-129F is the petition in order to apply for the K1 visa. Once this is approved, then you start the K1 visa process which is an additional couple of months dependent on your country and how organised you are.

2) Once you receive the k1 visa you must marry within 90 days.

3) After you are married (within the 90 day period) you can apply for the AOS. This is dependent on when you receive your marriage certificate - I understand some states are up to a 6 week wait for an official copy. You must submit this in your AOS package. After they receive their Advance Parole and Employment Authorisation, they are free to work and travel.

[Cilian7 1]

1) The minimum requirements is for the petitioner to have visited the beneficiary within the last 2 years. The "prospective fiance" aka beneficiary does not necessarily have to get engaged within the US. The I-129F is the petition in order to apply for the K1 visa. Once this is approved, then you start the K1 visa process which is an additional couple of months dependent on your country and how organised you are.

2) Once you receive the k1 visa you must marry within 90 days.

3) After you are married (within the 90 day period) you can apply for the AOS. This is dependent on when you receive your marriage certificate - I understand some states are up to a 6 week wait for an official copy. You must submit this in your AOS package. After they receive their Advance Parole and Employment Authorisation, they are free to work and travel.

Thanks for the additional information.

So the process that I described is mostly correct? Just for clarification, is this right?...

1.) Beneficiary visits US citizen in US (subjective case, I understand engagement can occur elsewhere).

2.) Beneficiary and US citizen are engaged.

3.) K1 Visa process begins with filing of I-129F (does the filing of this occur no sooner than engagement?).

4.) Beneficiary must return to home country and wait for K1 to be approved (or can they stay during this process?).

5.) Beneficiary returns to US upon approval of K1.

6.) Marriage occurs within 90 days of their arrival.

7.) AOS is filed for AP and EAD and spouse remains in US until approved.

8.) Following approval of AOS spouse can work and travel freely.

Is this correct or am I off in my estimation?

Also, if, for example, marriage occurs 30 days after arrival and the AOS filing occurs immediately after, does the 90 day deadline for marriage apply to them in any way after that point (assuming they married within that time) as far as the waiting period for the AOS approval is concerned?

Thanks again.

[pachacuti 154]

1) The minimum requirements is for the petitioner to have visited the beneficiary within the last 2 years. The "prospective fiance" aka beneficiary does not necessarily have to get engaged within the US. The I-129F is the petition in order to apply for the K1 visa. Once this is approved, then you start the K1 visa process which is an additional couple of months dependent on your country and how organised you are.

2) Once you receive the k1 visa you must marry within 90 days.

3) After you are married (within the 90 day period) you can apply for the AOS. This is dependent on when you receive your marriage certificate - I understand some states are up to a 6 week wait for an official copy. You must submit this in your AOS package. After they receive their Advance Parole and Employment Authorisation, they are free to work and travel.

Small clarification. Once you receive the K1 visa, you have 6 months to enter the US. Upon entry into the US you have 90 days to marry and file for AOS.

[pachacuti 154]

Thanks for the additional information.

So the process that I described is mostly correct? Just for clarification, is this right?...

1.) Beneficiary visits US citizen in US (subjective case, I understand engagement can occur elsewhere).

2.) Beneficiary and US citizen are engaged.

3.) K1 Visa process begins with filing of I-129F (does the filing of this occur no sooner than engagement?).

4.) Beneficiary must return to home country and wait for K1 to be approved (or can they stay during this process?).

5.) Beneficiary returns to US upon approval of K1.

6.) Marriage occurs within 90 days of their arrival.

7.) AOS is filed for AP and EAD and spouse remains in US until approved.

8.) Following approval of AOS spouse can work and travel freely.

Is this correct or am I off in my estimation?

Also, if, for example, marriage occurs 30 days after arrival and the AOS filing occurs immediately after, does the 90 day deadline for marriage apply to them in any way after that point (assuming they married within that time) as far as the waiting period for the AOS approval is concerned?

Thanks again.

Engagement is largely a formality. When you file the I-129F both of you will sign and statement of intent to marry within 90 days of entering the US.... I believe that that (plus having met within 2 years of applying and being available to marry (of marriageable age, not currently married and not related in such a way as to make marriage illegal... oh, and currently, of opposite sex... however depending on the DOMA ruling with the Supremes, this may depend on your state, so that I, living in Washington state where same-sex marriage is legal, might be able to petition for a male fiance, but this is largely supposition at this point). There are some other issues that may affect your case, such as sex crimes and domestic violence convictions, marriage broker stuff, that may apply depending on individual circumstances.

I don't know that the K1 beneficiary HAS to remain in their country. I suppose they COULD stay here as a tourist visa for the duration, but they would need to return to their country for the final stage (i.e. actually applying for the visa, once the petition is approved). Now, good luck trying to come in on a tourist visa or getting the request for a tourist visa extension with a K1 pending, but it COULD happen.

Spouse stays in country until AP is approved or green card is in hand, whichever comes first.

Spouse may work once EAD, or green card, is in hand, whichever comes first.