Married in Taiwan to Indian, Spouse Visa

[cjh234 0]

Hello,

Couple questions I hope to find answers to. I am trying to figure out what proof I need to provide to show my marriage is real and what else we might expect.

Background:

Wife is Indian, I am American

Have spoken or text daily since meeting

July 2012 - Met in Taiwan where she was getting MBA and I was on a 30 days study abroad.

February 2013 - Traveled to Taiwan and Philippines with her for vacation

July 2013 - Traveled to Taiwan to propose and get married (no ceremony required, registered with proper agency, received certificate and celebrated with small dinner with friends)

August 2013 - Wife graduates and goes back to India to take brief research job (working towards PHD) and visit family she hasn't seen in 2 years, celebrate holidays etc.

Now the present - We want to be together in the U.S.

As you can see we, fell in love fast and moved quickly to marry without thinking about Visa and stuff to be together. Since we eloped, we have no photos of a wedding, just some dinner photos and our marriage certificate. Is this an issue? Are chat sessions on FB, Skype and Whatsapp enough "proof?"

How long can we expect the process to take? We hoped to be together in April this year, if the Spouse Visa is not final, can she get a tourist Visa to come here and wait?

Would it be easier to get a fiance visa even though we are married? Or would that be considered fraud?

Do you recommend using a legal service to file the forms etc.? Do they have more success than doing it yourself?

What is the total cost to get all of the Visa complete and my wife in U.S?

Thank you for any help you can provide.

[Cathi 5,821]

You cannot apply for a fiancé visa if you are married, it's fraud

[lost_at_sea 995]

Welcome to VJ!

Spouse visas take quite a lot of time. There's a guide here you can follow: http://www.visajourney.com/content/i130guide1

It mentions some suggestions for relationship evidence. Not having wedding photos is not a deal breaker, but other evidence is important like photos in general, boarding passes and passport stamps to show you travelling together and when, and yes, your chat/phone logs are useful!

You can study the timelines for how long to expect to wait here: http://www.visajourney.com/timeline/ The average is around a year.

Since you are already legally married, you can't apply for the I-129f for K1. That's only for un-married couples. So, that option is 100% off the list.

She can visit you as a tourist, but she can't overstay while waiting for the spousal visa process to be completed. So, she can't really come and "wait", but she can make short trips to see you while you wait for the processing to be done (similarly, you can visit her).

If she doesn't already have the appropriate tourist visa, she may find it difficult to obtain one now that she has a US spouse waiting for her in the US, since they only grant tourist visas to those that can show they will only use them for their intended purpose (visiting, then returning home). Not impossible, but could be tricky (she'd need to show very good, strong, ties to her origin country like a job and home rental/mortgage etc.).

You don't need to use a legal service/lawyer unless you have unusual circumstances (like a conviction or US overstay), but that doesn't sound like the case for you. This is a DIY site - almost everyone here has completed the paperwork by themselves with success.

The total cost is $420 for the petition, $230 for the visa, $165 for the IV fee (paid after visa issuance to get the GC), then additional fees for the medical (varies by country), travel fees etc. to get to the interview.

[EndlessStory 53]

Hello,

Couple questions I hope to find answers to. I am trying to figure out what proof I need to provide to show my marriage is real and what else we might expect.

Background:

Wife is Indian, I am American

Have spoken or text daily since meeting

July 2012 - Met in Taiwan where she was getting MBA and I was on a 30 days study abroad.

February 2013 - Traveled to Taiwan and Philippines with her for vacation

July 2013 - Traveled to Taiwan to propose and get married (no ceremony required, registered with proper agency, received certificate and celebrated with small dinner with friends)

August 2013 - Wife graduates and goes back to India to take brief research job (working towards PHD) and visit family she hasn't seen in 2 years, celebrate holidays etc.

Now the present - We want to be together in the U.S.

As you can see we, fell in love fast and moved quickly to marry without thinking about Visa and stuff to be together. Since we eloped, we have no photos of a wedding, just some dinner photos and our marriage certificate. Is this an issue? Are chat sessions on FB, Skype and Whatsapp enough "proof?"

How long can we expect the process to take? We hoped to be together in April this year, if the Spouse Visa is not final, can she get a tourist Visa to come here and wait?

She can apply for tourist visa but it is subject to approval. She needs to be able to show tie to her home country. She need to leave within the timeframe given and I believe if you apply for CR-1, she needs to be interviewed at her home country or countries that she is legally residing (e.g. student permit, work permit), it can't be U.S. because she is TOURIST there not on any permit that allows her to stay too long.

Would it be easier to get a fiance visa even though we are married? Or would that be considered fraud?

Yes, that's a fraud. You cannot apply for K1 visa anymore because you have marriage certificate from Taiwan, that conclude that you are LEGALLY married.

Do you recommend using a legal service to file the forms etc.? Do they have more success than doing it yourself?

You have equal chance of success, we do not know your entire situation. Not taking into account of any other problems with your application. If it's only as the above mentioned and not any other issue, I would do it myself without legal service. Application is fairly easy.

What is the total cost to get all of the Visa complete and my wife in U.S?

it depends on specific consulate. Different countries have different fees (medical).

Thank you for any help you can provide.

[Bankerbox69 5]

Cjh do it yourself,because a friend of ours used a lawyer,and it's been almost 2 yrs.my husband ,and I did ours,and he has already had his interview,and placed on AP,But go back for 2 interview on the 3rd,and my friend that has the lawyer is still waiting for a interview

[cjh234 0]

Thank you for all the responses. It is all very helpful us.

Janice and Micah you bring up another question. My wife is applying for PHD programs in UK and Australia. If we begin the CR-1 application process now and it takes a year, she may already be accepted in April to school and moved to either country by August 2013 on student visa. Would she be able to change here interview to that country or would she need to fly back India? I hate to wait to see if she is accepted to school and miss out on beginning this process.

Much appreciated!

-CJH

[cjh234 0]

In addition...

Would it further complicate things if she has open application for CR-1, is living in UK and I apply to UK for Visa as spouse to come live with her during school? Do consulates even discuss between each other? Like why is he applying to come here and her to go there? We want to come back to US after she graduates and during year for visits, so it would be easier to have her green card.

Once CR-1 is approved, she needs to come here within what time frame? Is there a minimum time she needs to stay before leaving the country again if she had to go back to school?

Thanks again.

[Ryan H 3,853]

Would she be able to change here interview to that country or would she need to fly back India?

If she is in the UK or Australia by the time the file reaches the NVC, you will have to contact the NVC to ensure the file is routed to the country she resides in. She would not have to fly back to India

In addition...

Would it further complicate things if she has open application for CR-1, is living in UK and I apply to UK for Visa as spouse to come live with her during school? Do consulates even discuss between each other? Like why is he applying to come here and her to go there? We want to come back to US after she graduates and during year for visits, so it would be easier to have her green card.

Once CR-1 is approved, she needs to come here within what time frame? Is there a minimum time she needs to stay before leaving the country again if she had to go back to school?

Thanks again.

The relevant immigration authorities of the UK and US will not communicate and will not care if your wife has a pending file with the US and if you apply for any extended stay in the UK.

Once the visa is approved, it must be used before the printed expiration date (which will be less than or equal to 6 months from the date of issue). The validity of the visa is tied to when the medical exam takes place so the medical should be done as close to the interview date as possible.

[cjh234 0]

If she is in the UK or Australia by the time the file reaches the NVC, you will have to contact the NVC to ensure the file is routed to the country she resides in. She would not have to fly back to India

The relevant immigration authorities of the UK and US will not communicate and will not care if your wife has a pending file with the US and if you apply for any extended stay in the UK.

Once the visa is approved, it must be used before the printed expiration date (which will be less than or equal to 6 months from the date of issue). The validity of the visa is tied to when the medical exam takes place so the medical should be done as close to the interview date as possible.

Thank you Ryan. I am trying to play out all possible scenarios in my head, so this really helps. I know every case is different though. This is where I kick myself for being an obsessive planner.

With her and I both possibly going to UK in August, do you think it is smart to start the CR-1 process now and simply move interview to UK if it takes until August? I assume I would have to remain in U.S. until visa is final for her since proof of domicile is required?

What would happen if I we both moved to UK while in process of application?

Is it even possible to file from the UK if I waited until her school was close to ending?

[Darnell 8,479]

If you living in the UK is an option,

then I suggest you two file nothing with USCIS at the moment.

3 to 4 months prior to her getting her phD, file the I-130 to USCIS LONDON office, then follow up after approval with a VISA Application directly into the LONDON IV Office.

Study DCF a bit in the Guides section, whilst yer refactoring your calendar for living in the UK, doing a phD program, and chasing a USA Immigrant Visa.

The nasty side effect of getting a USA Immigrant Visa, is that the beneficiary must reside in the USA after the visa is granted. Since she has other long-term plans to reside in the UK and chase a phD program and YOU LIVE WITH HER DURING THAT TIME, you have another option open to you (The USCitizen) now.

Well, not now. Officially it's available 6 months after your UK residency starts. But WOW what a difference, UK Residency for a USA citizen can make.

So, restudy the Guides section again, for DCF (Direct Consular Filing) and for the moment, put her 'immigrate to the USA on a spousal visa' plans on hold, chase nothing at USCIS in the USA.

[Ryan H 3,853]

With her and I both possibly going to UK in August, do you think it is smart to start the CR-1 process now and simply move interview to UK if it takes until August?

Any answer I have to that question depends on the answer to this question that I have, if she is going to the UK in August to start a PhD program, how long would that last?

I assume I would have to remain in U.S. until visa is final for her since proof of domicile is required?

No, you can show proof of having maintained domicile while outside the US. If you are able to show such proof, then you need not be physically inside the US.

What would happen if I we both moved to UK while in process of application?

Nothing

Is it even possible to file from the UK if I waited until her school was close to ending?

If you live in the UK on a long-term stay visa or residence permit for a time of greater than or equal to 6 months, then you will be able to file your petition at the USCIS field office in London (this is referred to as Direct Consular Filing {DCF} on VJ). If able to do so, this is typically the shortest amount of time to wait from the time a petition is filed to the time an interview takes place.

[cjh234 0]

Any answer I have to that question depends on the answer to this question that I have, if she is going to the UK in August to start a PhD program, how long would that last?

Thank you again Ryan and Darnell.

PhD would be about 3-4 years. She would get a student visa and as post-graduate student, she can bring spouse. It seems like we should just wait it out to see if she is accepted to the program and do the DCF towards the end of her studies. If she doesn't get in to a school, we can look at beginning our CR-1 application to bring her directly to the U.S.

- CJH

[Darnell 8,479]

Smells like a decent decision tree. Good Luck, whichever path you two land on.

[cjh234 0]

Hello,

With delaying our spouse visa application, we would like to go ahead and apply to a B-2 Visa (I didn't want to change forums since you have the details for my case) for her to come visit in the Spring.

I have been reading some information that says I can sponsor her through the I-134 and make note that I will pay for her trip, explain where we will go etc, but then I read elsewhere that this form is not even looked at by the embassy and it really only depends on her proving her own financial support and ties to home country to show she will return. She has a job to go back to and can show applications to schools in UK, but she will need my financial backing.

Does anyone have a success or horror experience with sponsoring a non-resident alien spouse for a B-2 Visa? Thanks.

[canadian_wife 1,829]

There is no sponsoring of a tourist visa. You cannot file any forms to indicate you are sponsoring her. She must apply on her own

good luck