Figuring out visa and how to be disturbed while doing so...K1

[PunkRockPrincess 0]

Hi! My name is Christina, I'm German and I'm engaged to Jeremy who is a US citizen and stationed in Baumholder, Germany. Jeremy is working for the US Army and has orders for a permanent change of station to Kansas. We found out in mid-january and his departure date is April 2.

We already know about all different types of visa but were having problems with figuring out if there is a possibility for me to leave Germany with Jeremy and get the visa started there. In order to find out we called the USCIS office (in Texas, since this is where he is from) and they told us to proceed like the following:

1. Fianceé should come to the U.S. as a visitor

2. She will need to have a return flight

3. Couple may get married in the States

4. Fianceé may then file an I-485 (AOS) and receive a visa which needs to be adjusted after two years

My future mother-in-law talked to an immigration attorney who approved this plan as totally okay.

For me, so far, this way has always been known as illegal.

I'd appreciate any kind of comment on this and if there is any chance that I might be leaving Germany with Jeremy in April and be able to stay in the States. Also on advantages and disadvantages of getting married in Germany or the States regarding the visa process.

Thank you.

Tina

[LookyWhatIFound 38]

Hi! My name is Christina, I'm German and I'm engaged to Jeremy who is a US citizen and stationed in Baumholder, Germany. Jeremy is working for the US Army and has orders for a permanent change of station to Kansas. We found out in mid-january and his departure date is April 2.

We already know about all different types of visa but were having problems with figuring out if there is a possibility for me to leave Germany with Jeremy and get the visa started there. In order to find out we called the USCIS office (in Texas, since this is where he is from) and they told us to proceed like the following:

1. Fianceé should come to the U.S. as a visitor

2. She will need to have a return flight

3. Couple may get married in the States

4. Fianceé may then file an I-485 (AOS) and receive a visa which needs to be adjusted after two years

My future mother-in-law talked to an immigration attorney who approved this plan as totally okay.

For me, so far, this way has always been known as illegal.

I'd appreciate any kind of comment on this and if there is any chance that I might be leaving Germany with Jeremy in April and be able to stay in the States. Also on advantages and disadvantages of getting married in Germany or the States regarding the visa process.

Thank you.

Tina

Something sounds funny to me in that scenerio. I was always under the impression that if you 2 know each other you can get married in the U.S. but you would have to return and wait for the K-1 to get approved. However if you met him by pure coincidence in the U.S. and got married then you could file for AOS, and stay here.

But get more opinions cause maybe I am wrong ;-)

Edited February 15, 2007 by LookyWhatIFound

[LookyWhatIFound 38]

Hi! My name is Christina, I'm German and I'm engaged to Jeremy who is a US citizen and stationed in Baumholder, Germany. Jeremy is working for the US Army and has orders for a permanent change of station to Kansas. We found out in mid-january and his departure date is April 2.

We already know about all different types of visa but were having problems with figuring out if there is a possibility for me to leave Germany with Jeremy and get the visa started there. In order to find out we called the USCIS office (in Texas, since this is where he is from) and they told us to proceed like the following:

1. Fianceé should come to the U.S. as a visitor

2. She will need to have a return flight

3. Couple may get married in the States

4. Fianceé may then file an I-485 (AOS) and receive a visa which needs to be adjusted after two years

My future mother-in-law talked to an immigration attorney who approved this plan as totally okay.

For me, so far, this way has always been known as illegal.

I'd appreciate any kind of comment on this and if there is any chance that I might be leaving Germany with Jeremy in April and be able to stay in the States. Also on advantages and disadvantages of getting married in Germany or the States regarding the visa process.

Thank you.

Tina

Something sounds funny to me in that scenerio. I was always under the impression that if you 2 know each other you can get married in the U.S. but you would have to return and wait for the K-1 to get approved. However if you met him by pure coincidence in the U.S. and got married then you could file for AOS, and stay here.

But get more opinions cause maybe I am wrong ;-)

Oops sorry I mean I think he would have to file for K-3 in that case.

[brnidokiegurl 1]

Probably best to get a lawyers advice and let him explain options

[~Chad~ 0]

There should be someone in his unit or command that specializes in these situations and can advise him what to do.

[misa 2]

Entering as a visitor with the intent to get married and stay to adjust status is illegal.

Your best legal bet (and fastest) is for him to file a K1 right away. Or get married in Germany and start filing for a K3 (but a K1 is faster).

USCIS operators have a habit of not knowing what's actually legal or correct... and many people have been screwed over or given misinformation by immigration lawyers.

[Eveline 9]

I agree with Misa. Get married in Germany and go the K3 route OR you can wait until he is back in the States and he can send in the petition for the I129F from there. Either way, you will have to wait in order to get your visa. However, you cannot enter the US, get married and stay, that is illegal just as getting married, not applying for a K3 and then entering the US to adjust status. Don't rely on the people from the mis-information line, they usually know less about visa and immigration as we do here (actually I think that some people here are VERY helpful due to the experience they've made).

Edited February 15, 2007 by Eveline