Marrying a forigner: Correct procedures?

[pollycranopolis 0]

Ok, here is the skinny..

*Met My fiancé through social networking 3 years ago.
*She is a native of the Philippines, but currently lives and works in Doha, Qatar (last 10 years as ex-pat).
*She has a valid tourist Visa, and has entered the US legally on multiple occasions (even before we met).
*Since meeting, she has come to the US every couple months for 1-2 week periods to visit me over the last 3 years (I myself have never left the country).
*We were planning a courthouse marriage in the US upon her next visit (a couple months).

*She would then return to Doha as usual (for work) for at least a 2-3 month period after our marriage.

*After returning to Doha for work, (2-3 month period) she would like to be able to resign from her job, and return to the US to live with her husband (me) while the necessary paperwork is processed to grant her residency status, and the option to legally work.

Question: Given this scenario, what are your thoughts on the best options, processes, and forms for this to be accomplished smoothly?

P.S. - I've done a little research, but am still confused (1-30 for her (by me, US citizen?), then K-3?)

I'm also a little worried about intent to marry issues. Would our US marriage, followed by her prompt return overseas have any implications on her being able to stay awaiting green card status on her next US visit?

Edited August 16, 2013 by pollycranopolis

[vegasbound 83]

I'm assuming that you are suggesting that she uses her tourist visa to come to the US and wait for the green card to be processed. Am I right?

To put it bluntly, that is visa fraud. Any foreigner who enters the US with a non-immigrant visa but intending to stay as an immigrant is committing immigration fraud, regardless of whether they are married to a US citizen.

The proper and legal way to do it is for her to go back to Doha and continue to work while you petition for her to receive a green card, which is the I-130.

I-130 is a petition and can only be filed by US citizen or permanent resident of the US.

As of now, the I-130 process, once filed, will take approximately 8 - 9 months to receive a visa. K-3, on the other hand, is not worth pursuing because the process will take just as long as the CR-1 (I-130), which is the spousal visa that leads to a green card.

Please check out this info page for details on how you can proceed with the I-130 petition and the follow-up procedures.

Edited August 16, 2013 by vegasbound

[pollycranopolis 0]

I'm assuming that you are suggesting that she uses her tourist visa to come to the US and wait for the green card to be processed. Am I right?

To put it bluntly, that is visa fraud. Any foreigner who enters the US with a non-immigrant visa but intending to stay as an immigrant is committing immigration fraud, regardless of whether they are married to a US citizen.

The proper and legal way to do it is for her to go back to Doha and continue to work while you petition for her to receive a green card, which is the I-130.

I-130 is a petition and can only be filed by US citizen or permanent resident of the US.

As of now, the I-130 process, once filed, will take approximately 8 - 9 months to receive a visa. K-3, on the other hand, is not worth pursuing because the process will take just as long as the CR-1, which is the spousal visa that leads to a green card.

Please check out this info page for details on how you can proceed with the I-130 petition and the follow-up procedures.

*Intending being the point of contention. I understand that entering the US with an intent on marrying and staying afterward is a no-no. However, I know of other couples in a similar scenario who have had thier foreign (tourist visa) spouses stay after they have married in the US, and are awaiting spouse green card approval. Is this possible?

Would the process be quicker should we hold off on marriage, and instead go through the fiance visa channel first? (she already has valid tourist visa).

Edited August 16, 2013 by pollycranopolis

[HollyGolightly 72]

If you opt to marry in the US your spouse may not come back using her B2 visa as this will be tantamount to fraud due to an apparent intention to immigrate. After the marriage, you can file a K3 visa petition for her so she may enter the US as a non-immigrant and thereafter adjust her status by filing a separate application for form I-485. The K3 visa entitles the applicant (foreign spouse) to enter and reside in the US until the immigrant petition filed by the petitioner (USC) is approved and the applicant is able to obtain an immigrant visa status.

[Cathi 5,624]

*Intending being the point of contention. I understand that entering the US with an intent on marrying and staying afterward is a no-no. However, I know of other couples in a similar scenario who have had thier foreign (tourist visa) spouses stay after they have married in the US, and are awaiting spouse green card approval. Is this possible?

Would the process be quicker should we hold off on marriage, and instead go through the fiance visa channel first? (she already has valid tourist visa).

Just because others have done it and gotten away with does not make it legal. And perhaps their spouses came to the US and were not intending beforehand to do it. Entering the US with a visitor visa with the INTENT(which you have already stated that you have) is visa fraud and carries a ban, with no appeal.

[HollyGolightly 72]

*Intending being the point of contention. I understand that entering the US with an intent on marrying and staying afterward is a no-no. However, I know of other couples in a similar scenario who have had thier foreign (tourist visa) spouses stay after they have married in the US, and are awaiting spouse green card approval. Is this possible?

Would the process be quicker should we hold off on marriage, and instead go through the fiance visa channel first? (she already has valid tourist visa).

AOS from other visa categories (including B2) is possible provided you are able to overcome the presumption of prior intent to marry for immigration purposes. Approval is on a case to case basis. It depends on the circumstances and if you are intending to go this route, I suggest you think twice as a denial due to fraud and/or misrepresentation could cost you a 10 year ban.

[Cathi 5,624]

If you opt to marry in the US your spouse may not come back using her B2 visa as this will be tantamount to fraud due to an apparent intention to immigrate. After the marriage, you can file a K3 visa petition for her so she may enter the US as a non-immigrant and thereafter adjust her status by filing a separate application for form I-485. The K3 visa entitles the applicant (foreign spouse) to enter and reside in the US until the immigrant petition filed by the petitioner (USC) is approved and the applicant is able to obtain an immigrant visa status.

K-3 visas are rarely if ever granted anymore, they are obsolete. The K-3 was used years ago when the time between filing the petition for the i-130 and approval of the visa took many years. Now the wait time is only 6-12 months. The proper way to do it is to file an i-130 for the cr1 while the intending immigrant waits for interview in their home country. The foreign spouse can visit using a visitor while waiting for the interview, but must make sure not to over stay and must return to home country for the interview.

[HollyGolightly 72]

K-3 visas are rarely if ever granted anymore, they are obsolete. The K-3 was used years ago when the time between filing the petition for the i-130 and approval of the visa took many years. Now the wait time is only 6-12 months. The proper way to do it is to file an i-130 for the cr1 while the intending immigrant waits for interview in their home country. The foreign spouse can visit using a visitor while waiting for the interview, but must make sure not to over stay and must return to home country for the interview.

Ok, thanks for that info! There you go op, what mimolicious said.

[pollycranopolis 0]

K-3 visas are rarely if ever granted anymore, they are obsolete. The K-3 was used years ago when the time between filing the petition for the i-130 and approval of the visa took many years. Now the wait time is only 6-12 months. The proper way to do it is to file an i-130 for the cr1 while the intending immigrant waits for interview in their home country. The foreign spouse can visit using a visitor while waiting for the interview, but must make sure not to over stay and must return to home country for the interview.

So I would file a 1-30 for her from the US (as a sponsor), and once processed she would interview in her country? Would she interview in Doha (her work country) or Phillipines (her home country)?

[vegasbound 83]

*Intending being the point of contention. I understand that entering the US with an intent on marrying and staying afterward is a no-no. However, I know of other couples in a similar scenario who have had thier foreign (tourist visa) spouses stay after they have married in the US, and are awaiting spouse green card approval. Is this possible?

Would the process be quicker should we hold off on marriage, and instead go through the fiance visa channel first? (she already has valid tourist visa).

The advice is based on the scenario that you have presented in your original post, which is illegal under the US immigration system.

The people in this forum will provide you advice and information on how to go about the immigration procedures within the legal boundaries.

People are allowed to file for adjustment of status (AOS) while they are in the US on some form of visa, but not in your case and situation, because you have already stated the intent. Keep in mind that AOS from a tourist visa unsuccessfully will, in worst case, carry a 10-yr US entry ban.

The process to obtain a fiancé visa (K-1) is usually a little quicker than a CR-1 but will cost more in the long run as you'll need to file for AOS after marriage.

[pollycranopolis 0]

Just because others have done it and gotten away with does not make it legal. And perhaps their spouses came to the US and were not intending beforehand to do it. Entering the US with a visitor visa with the INTENT(which you have already stated that you have) is visa fraud and carries a ban, with no appeal.

After marriage, she would return to her home country. On the NEXT visit, she would like to stay as the paperwork gets proccesed. However, it may still amount to fraud if there was original intent, even though she had initially returned home abroad? If the intent to marry was not extablished, how would AOS work upon her return to the US after marriage?

Edited August 16, 2013 by pollycranopolis

[HollyGolightly 72]

Here is a step by step guide to filing CR-1

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

[scienceworks 64]

So I would file a 1-30 for her from the US (as a sponsor), and once processed she would interview in her country? Would she interview in Doha (her work country) or Phillipines (her home country)?

My wife is Indian citizen but studying in Germany. I have an i-130 currently filed. I put her German address in i-130. My knowledge is that the interview will happen in German as long as she has valid visa to be in Germany and she is in Germany during the visa interview. You can also put her doha address in i-130 I suppose and when it comes to the NVC/Visa stage, she can go back home and attend there. If she does that make sure a Police certificate from Doha is obtained. I am not sure getting one right before leaving is ok or after leaving Doha.

[HollyGolightly 72]

After marriage, she would return to her home country. On the NEXT visit, she would like to stay as the paperwork gets proccesed. However, it may still amount to fraud if there was original intent, even though she had initially returned home abroad? If the intent to marry was not extablished, how would AOS work upon her return to the US after marriage?

If she attempts to enter the US after the marriage she will be asked upon inspection about her intention for visiting. If she does not reveal that you are married and that she intends to stay upon her entry then YES it is fraud. On the other hand, if she discloses these facts to the immigration officer, I doubt she will be even allowed entry in the US even with a valid visa.

[christeen 966]

OP you are missing the point entirely... Regardless of if she is coming in her NEXT vist or the visit after that or the visit after that or so on and so forth... She CANNOT enter the USA on a tourist visa withy he intent to stay in the USA... This is playing with fire. The AOS process you keep referring to is a loophole in the law which allows a citizen to spontaneously marry someone who is visiting on a tourist visa (who arrived without prior intent to marry and adjust status) to stay and adjust status.

If there was an easy button where your foreign spouse could just wait it out here in the USA with you without the inconvenience of waiting apart, well, there would be little need for this forum. What you are proposing is illegal, clear and simple and will carry a ban. Once you marry, she goes back to her job, she can come visit you (be sure to provide proof of ties to her country that she resides in so they don't think she is intending to stay) as much as she wants, but it is up to the immigration to let her in or not... Then... She will niter view and receive the visa in the country she resides in...