Possible change of plans

[Curt57 0]

I hope I'm posting this in the right place. If not let me know and I'll move to wherever is more appropriate. My question involves a Filipina I met online last November. She has been working in Moscow for the past five years and I had planned to meet her there later this summer and hopefully following the visit apply for a K-1 visa. She's recently had the possibility offered to her to come work in Miami as a nanny for six months to a year. It's not a certainty at this point but seems very likely to happen. Naturally we think this is great but I'm wondering what the best approach is toward getting married legally. My understanding is that if we were to marry on a work visa and had known each other before it would be considered fraud and she would be denied any application to stay here. She's actually considering the job because it would be better for her even if she did not know me.

Would it be better if she came to go ahead and apply for the K-1 as if she were not even in this country? I'm not out for a shortcut or to beat the system but am looking for the best legal method to achieve having her with me as my wife. I'd appreciate any advice on this. Laymen's language please, I'm not a lawyer! :-)

[Caryh 5,206]

If she's in the country and working here, and you get married, you can apply for an I-130 and I-485 concurrently and adjust her status to a legal resident based on marriage. This would not be fraud. She's coming for the job, not coming to get married. This is an excellent opportunity to also get to know her better to be sure you two want to marry.

[sweet cakes 326]

I hope I'm posting this in the right place. If not let me know and I'll move to wherever is more appropriate. My question involves a Filipina I met online last November. She has been working in Moscow for the past five years and I had planned to meet her there later this summer and hopefully following the visit apply for a K-1 visa. She's recently had the possibility offered to her to come work in Miami as a nanny for six months to a year. It's not a certainty at this point but seems very likely to happen. Naturally we think this is great but I'm wondering what the best approach is toward getting married legally. My understanding is that if we were to marry on a work visa and had known each other before it would be considered fraud and she would be denied any application to stay here. She's actually considering the job because it would be better for her even if she did not know me.

Would it be better if she came to go ahead and apply for the K-1 as if she were not even in this country? I'm not out for a shortcut or to beat the system but am looking for the best legal method to achieve having her with me as my wife. I'd appreciate any advice on this. Laymen's language please, I'm not a lawyer! :-)

For a K-1 (fiance) visa, you have to know that after her entry to US and she got married to you within 90 days, she has to do an adjustment of status (AOS) for her to be a lawful permanent resident (LPR or green card holder), which requires that you guys should be living together. But Missouri is quite a distance to Miami, FL, are you planning to move to Florida with her when she gets here?

What Caryh suggested would definitely work as well if you want to know her better. But just the same, once you have decided to do a concurrent application for I-130 and I-485, you have to prove show proof of a common residence and co-mingling of financial resources, among other things which require that you guys are actually together.

Edit: I just checked google maps. Did you mean Miami, MO?

Edited May 29, 2014 by sweet cakes

[Curt57 0]

Thank you for the quick replies Sweetcakes and Caryn. Maybe what I was reading elsewhere was about someone coming here on a visitor's visa and marrying. Apparently it's something that Immigration looks for and are very strict about. It would be a great situation to meet and know each other better. Probably I wouldn't have more time available to do it than I would a trip to Moscow but it would be convenient. It is Miami FL and it's far from where I live so it's not as if it would be a casual drive for a visit every now and then.

I have no intention of moving to Florida Sweetcakes and I do know about the 90 day law. I haven't had time to really think it through but I thought if I needed a K-1 it would be approved in about six months and we could go from there when her work was done. I've lived here for 35 years and have my own business, such as it is, here so moving isn't really a consideration. Naturally she can't keep that job either if she came here. It seems like yet another reason to go for a K-1.

[Caryh 5,206]

Coming on a nonimmigrant visa with the intent to marry is fraud. Except the K-1, which is technically a nonimmigrant visa which is meant to get married and adjust status from. Although many still come with a visitors visa, marry, then adjust status to stay. She would be coming for a job, even if she gets married while she's here. She may run into an issue getting that working visa though, should it become known she has a fiance in the USA. She need not volunteer this information, but it could create big problems if she lied about it, as in permanent ban to entering the USA.

Florida might not be easy to make trips to from your location, but its a heck of a lot closer than Moscow! And tickets will certainly be cheaper too. Might be you flying there for a bit, and her getting a chance to fly up to see your life in your home for a bit to. This is not something a lot of people here get the chance to do.

If you don't mind me asking, how did a Filipina wind up in Moscow?

[sweet cakes 326]

Thank you for the quick replies Sweetcakes and Caryn. Maybe what I was reading elsewhere was about someone coming here on a visitor's visa and marrying. Apparently it's something that Immigration looks for and are very strict about. It would be a great situation to meet and know each other better. Probably I wouldn't have more time available to do it than I would a trip to Moscow but it would be convenient. It is Miami FL and it's far from where I live so it's not as if it would be a casual drive for a visit every now and then.

I have no intention of moving to Florida Sweetcakes and I do know about the 90 day law. I haven't had time to really think it through but I thought if I needed a K-1 it would be approved in about six months and we could go from there when her work was done. I've lived here for 35 years and have my own business, such as it is, here so moving isn't really a consideration. Naturally she can't keep that job either if she came here. It seems like yet another reason to go for a K-1.

It's clearer now. Yes, uscis is very strict with the evidences provided in any type of petition. K-1 timelines (as with spousal visa) are very unpredictable recently, and can take on an average between 6 months or more. You also have to take note that she will need to return to a country of her residence (definitely not in US) for the embassy interview and medical.

Probably best for you to meet her personally first and make the move (petition) once everything seems more promising.

Check out the VJ guides as well for more info: http://www.visajourney.com/content/guides

All the best!

[sweet cakes 326]

If you don't mind me asking, how did a Filipina wind up in Moscow?

I am very curious to know too.

[Caryh 5,206]

I am very curious to know too.

She certainly isn't in a common place for an OFW.

[Curt57 0]

I agree Caryh- it's a great and unusual opportunity. The question you and Sweetcakes are asking was also my opening the first time I wrote to her. :-) She's a massage therapist and someone told her about a spa there that would hire her so she went. She rooms with several other Filipinas and has quite a few other friends there from the Phils also. They do a lot of work for residents there that are from other countries aside from some of the Russians. Most of what she mentions are housekeepers and nannies. They're often exploited there and the pay isn't up where it should be but it's still better than it was for them at home.

[Curt57 0]

Like I said Caryh, there seems to be more there than we would think apparently. Several times she's spoken of meeting a new friend there on the train and other places.

[Caryh 5,206]

Like I said Caryh, there seems to be more there than we would think apparently. Several times she's spoken of meeting a new friend there on the train and other places.

OFW's can wind up in the strangest places, thats true. Its just you tend to hear about them in other places more often. One of my brother in laws, works a fishing vessel in the North Sea. The other is a more traditional seaman working cargo ships predominantly around Asia, but occasionally just about anywhere in the world. Waiting for him to show up in Lake Superior near us so we can have him for a visit. But I won't hold my breath on that happening.

[Curt57 0]

Lady's brother is a sailor also. He was in the Virginia- DC area about a month ago. I wasn't able to go meet him but probably would feel better about meeting her first anyway!

I'd been assuming if she remains in Moscow that the medical and interview could be done there. Does that sound right? One of her friends met a guy from Denmark I think and they handled it all from Moscow.

[merc0230 28]

I hope I'm posting this in the right place. If not let me know and I'll move to wherever is more appropriate. My question involves a Filipina I met online last November. She has been working in Moscow for the past five years and I had planned to meet her there later this summer and hopefully following the visit apply for a K-1 visa. She's recently had the possibility offered to her to come work in Miami as a nanny for six months to a year. It's not a certainty at this point but seems very likely to happen. Naturally we think this is great but I'm wondering what the best approach is toward getting married legally. My understanding is that if we were to marry on a work visa and had known each other before it would be considered fraud and she would be denied any application to stay here. She's actually considering the job because it would be better for her even if she did not know me.

Would it be better if she came to go ahead and apply for the K-1 as if she were not even in this country? I'm not out for a shortcut or to beat the system but am looking for the best legal method to achieve having her with me as my wife. I'd appreciate any advice on this. Laymen's language please, I'm not a lawyer! :-)

My understanding (and I could be wrong) is that a nanny visa is VERY difficult to obtain. You might be worrying about this for nothing.

Regardless, good luck and I do hope it works out for you.

[Curt57 0]

Thanks Merc, you could be right. I do know that at least two of her friends have done this though but don't know the details. In her case it's beginning to seem unlikely. I learned yesterday that they're trying to do it in a short amount of time. Thanks for your reply!

[Caryh 5,206]

Thanks Merc, you could be right. I do know that at least two of her friends have done this though but don't know the details. In her case it's beginning to seem unlikely. I learned yesterday that they're trying to do it in a short amount of time. Thanks for your reply!

Is the nanny visa to accompany someone she's already the nanny for? Those appear easier.