Seeking advice on our K1 scenario - Swedish citizen fiance/American husband

[korswe 0]

Hi, folks! I'm so glad that I came across this message board. With some helpful advice, I applied it to our situation. If you have the patience and knowledge, I would appreciate your input. Here is our story (Note: I'm not married as the title suggests - We are engaged):

1. My fiance, a Swedish citizen, and I, US citizen, are planning to get married next January. We been dating for more than a year. I met her while I was an exchange student in Sweden. We moved in together for two months before I had to go back to the States to finish up school. Since then, she has visited me here in LA and lived with me for a month before going back to Sweden for school.

2. Like most EU citizens, Swedish citizens do not need to obtain a visa to visit the US, but cannot overstay their visits (no more than 90 days at a time I think).

3. We do not want to break any immigration laws, so we will pursue a K1 fiance visa

4. In January 2008, we are planning to have a big wedding in Los Angeles with her friends and family (all 50+ of them) flying here, and of course my big family will be there.

Here is where the facts get complicated:

5. Two months after the wedding, my fiance needs to go back to Sweden to finish up and defend her master's thesis. She'll be done by May 2008, at which time she'll come back to live with me in the States for good.

The main issue is how to time K1 process, her going back, and filing for an Adjustment of Status (AOS) with the INS.

Here is our plan:

1. July 2007 - Apply for a K1 fiance visa. From what I could gather, it takes about nine months the whole process (me turning in forms, the US embassy in Sweden getting her forms, her conducting an interview, etc.)

1. January 2008 - Have a family wedding in January 2008 in Los Angeles without signing a marriage license. It'll be just like a normal wedding, but without the minister signing anything. We won't even apply for a marriage license. From what we could gather, one needs to apply for a marriage license and marry within 30 days for the license to be valid. If there is no marriage license, then there is no legal marriage. We think that this is a good compromise between having a grand wedding for the families and friends and not jeopardizing her going back and reentering.

2. Late February 2008 - She goes back to finish school.

3. She waits in Sweden to get her interview within the US embassy in Stockholm, Sweden. After the K1 issues, she comes here hopefully within a month after the interview.

5. When she comes here on a K1 visa, we get married officially in Minnesota at a court house. I plan to go back to Minnesota anyways for job reasons, and from what I've heard MN is immigration-friendly. For example, she wouldn't need a special visa or a green card to get a driver's license in MN. All she needs is her passport and her foreign-born birth certificate. In contrast, CA requires a special visa (e.g., H1 visa) or a green card to get a driver's license! That's crazy, because presumably someone could be without a driver's license for more than a year in Los Angeles! You can't get anywhere in and around LA without driving. It would be unfair to her for having to depend on me to drive her to places all the time. If I put myself in her shoes, I would go insane!

6. With the marriage certificate in hand, she files for an AOS in hopes that she'll be granted a status of permanent resident within a year. This is important to us, because we intend to live in the US nine months out of the year and the rest in Sweden.

Any advice or suggestions on our plan on the timing issue? What is the likely wait between filing an AOS and getting a permanent residency for MN residents? Thank you for your help.

Edited February 17, 2007 by korswe

[jula 0]

Hi, folks! I'm so glad that I came across this message board. With some helpful advice, I applied it to our situation. If you have the patience and knowledge, I would appreciate your input. Here is our story (Note: I'm not married as the title suggests - We are engaged):

1. My fiance, a Swedish citizen, and I, US citizen, are planning to get married next January. We been dating for more than a year. I met her while I was an exchange student in Sweden. We moved in together for two months before I had to go back to the States to finish up school. Since then, she has visited me here in LA and lived with me for a month before going back to Sweden for school.

2. Like most EU citizens, Swedish citizens do not need to obtain a visa to visit the US, but cannot overstay their visits (no more than 90 days at a time I think).

3. We do not want to break any immigration laws, so we will pursue a K1 fiance visa

4. In January 2008, we are planning to have a big wedding in Los Angeles with her friends and family (all 50+ of them) flying here, and of course my big family will be there.

Here is where the facts get complicated:

5. Two months after the wedding, my fiance needs to go back to Sweden to finish up and defend her master's thesis. She'll be done by May 2008, at which time she'll come back to live with me in the States for good.

The main issue is how to time K1 process, her going back, and filing for an Adjustment of Status (AOS) with the INS.

Here is our plan:

1. July 2007 - Apply for a K1 fiance visa. From what I could gather, it takes about nine months the whole process (me turning in forms, the US embassy in Sweden getting her forms, her conducting an interview, etc.)

1. January 2008 - Have a family wedding in January 2008 in Los Angeles without signing a marriage license. It'll be just like a normal wedding, but without the minister signing anything. We won't even apply for a marriage license. From what we could gather, one needs to apply for a marriage license and marry within 30 days for the license to be valid. If there is no marriage license, then there is no legal marriage. We think that this is a good compromise between having a grand wedding for the families and friends and not jeopardizing her going back and reentering.

2. Late February 2008 - She goes back to finish school.

3. She waits in Sweden to get her interview within the US embassy in Stockholm, Sweden. After the K1 issues, she comes here hopefully within a month after the interview.

5. When she comes here on a K1 visa, we get married officially in Minnesota at a court house. I plan to go back to Minnesota anyways for job reasons, and from what I've heard MN is immigration-friendly. For example, she wouldn't need a special visa or a green card to get a driver's license in MN. All she needs is her passport and her foreign-born birth certificate. In contrast, CA requires a special visa (e.g., H1 visa) or a green card to get a driver's license! That's crazy, because presumably someone could be without a driver's license for more than a year in Los Angeles! You can't get anywhere in and around LA without driving. It would be unfair to her for having to depend on me to drive her to places all the time. If I put myself in her shoes, I would go insane!

6. With the marriage certificate in hand, she files for an AOS in hopes that she'll be granted a status of permanent resident within a year. This is important to us, because we intend to live in the US nine months out of the year and the rest in Sweden.

Any advice or suggestions on our plan on the timing issue? What is the likely wait between filing an AOS and getting a permanent residency for MN residents? Thank you for your help.

Hi korswe... your math is correct, BUT there is a long history of constant changes in processing times. So, the golden rule is: do not count on them too much.

Any reason why the wedding is in Jan 2008? That complicates your situation a bunch

1. your plan may work timewise.... but it is always a risk that your fiance wan't be let into the US in Jan 08....some K1 beneficiaries are able to visit, some not. If she shows up at the POE with a 50+ people saying they are going to a wedding, and the officer sees her K1 pending... hm hm

2. you file for K1 in July, what happens if it is processed fast and your fiancee receives packet from the embassy before the end of the year? She can always take some time to respond... long delays are not advisable as the petition may be considered abandoned. Let's say she gets K1 before Jan 2008, that would mean you guys can officaly get married and file for AOS, but in that case, it may be difficult to acquire Advance Parole in time for her to return to Sweden

There are many IFs here... with the wedding in Jan 08, I don't know what would be the best solution for your situation... Good luck

[LookyWhatIFound 38]

Hi, folks! I'm so glad that I came across this message board. With some helpful advice, I applied it to our situation. If you have the patience and knowledge, I would appreciate your input. Here is our story (Note: I'm not married as the title suggests - We are engaged):

1. My fiance, a Swedish citizen, and I, US citizen, are planning to get married next January. We been dating for more than a year. I met her while I was an exchange student in Sweden. We moved in together for two months before I had to go back to the States to finish up school. Since then, she has visited me here in LA and lived with me for a month before going back to Sweden for school.

2. Like most EU citizens, Swedish citizens do not need to obtain a visa to visit the US, but cannot overstay their visits (no more than 90 days at a time I think).

3. We do not want to break any immigration laws, so we will pursue a K1 fiance visa

4. In January 2008, we are planning to have a big wedding in Los Angeles with her friends and family (all 50+ of them) flying here, and of course my big family will be there.

Here is where the facts get complicated:

5. Two months after the wedding, my fiance needs to go back to Sweden to finish up and defend her master's thesis. She'll be done by May 2008, at which time she'll come back to live with me in the States for good.

The main issue is how to time K1 process, her going back, and filing for an Adjustment of Status (AOS) with the INS.

Here is our plan:

1. July 2007 - Apply for a K1 fiance visa. From what I could gather, it takes about nine months the whole process (me turning in forms, the US embassy in Sweden getting her forms, her conducting an interview, etc.)

1. January 2008 - Have a family wedding in January 2008 in Los Angeles without signing a marriage license. It'll be just like a normal wedding, but without the minister signing anything. We won't even apply for a marriage license. From what we could gather, one needs to apply for a marriage license and marry within 30 days for the license to be valid. If there is no marriage license, then there is no legal marriage. We think that this is a good compromise between having a grand wedding for the families and friends and not jeopardizing her going back and reentering.

2. Late February 2008 - She goes back to finish school.

3. She waits in Sweden to get her interview within the US embassy in Stockholm, Sweden. After the K1 issues, she comes here hopefully within a month after the interview.

5. When she comes here on a K1 visa, we get married officially in Minnesota at a court house. I plan to go back to Minnesota anyways for job reasons, and from what I've heard MN is immigration-friendly. For example, she wouldn't need a special visa or a green card to get a driver's license in MN. All she needs is her passport and her foreign-born birth certificate. In contrast, CA requires a special visa (e.g., H1 visa) or a green card to get a driver's license! That's crazy, because presumably someone could be without a driver's license for more than a year in Los Angeles! You can't get anywhere in and around LA without driving. It would be unfair to her for having to depend on me to drive her to places all the time. If I put myself in her shoes, I would go insane!

6. With the marriage certificate in hand, she files for an AOS in hopes that she'll be granted a status of permanent resident within a year. This is important to us, because we intend to live in the US nine months out of the year and the rest in Sweden.

Any advice or suggestions on our plan on the timing issue? What is the likely wait between filing an AOS and getting a permanent residency for MN residents? Thank you for your help.

I agree with the previous poster. One thing you have to remember USCIS is no help in letting you accomplish your goals. I am not knowledgeable on how long it would take to get AOS. She may either have to wait till the following semester to finish school, or your wedding date may need to be moved, and/or think about a way that K-3 might work in your situation? You get married in 1/08 in the U.S., she goes back to finish schoo and meanwhile you file for a K-3? Just some thoughts...good luck with it!

[rebeccajo 14]

I'd visit each other this year and not file anything. Have her wedding dress and everything shipped over before she arrives for her January visit - in other words don't carry the wedding dress and paraphanelia on the plane! Have the family wedding in January as planned. Go ahead and have the marriage made legal. Then she goes home and you file a CR1 visa for her.

Reason? You seem to have concerns about when AOS will be accomplished and you have plans to live partly in the US and partly in Sweden. Once AOS is filed, you have no control over how long it will take. Could take 2 months or years.

A CR1 visa will take longer to obtain, but one of the advantages is AOS comes with the package. She will enter and her greencard will come in the mail soon. She will be able to get drivers license or any other documentation in America that is important to her. You will be able to travel to Sweden - you WILL have to watch how long you are gone or her status will be considered abandoned. Read up further on that - I believe if she is out of America 90 days (as you have said is your goal) then her status will be protected.

[no name 1]

Or you could apply for a K1 now, get it by late summer & have her come over early to get legally married & to file her AOS. Then while her AOS is pending, the 'fancy' wedding will happen. We did something similar - see my timeline.

Got K1 in October 06

11-03-06 Fiance entered US

11-10-06 married

12-07-06 AOS filed

01-09-07 AOS transferred to CSC, YAY! (39 days)

01-31-07 GREEN CARD ORDERED (61 days)

02-02-07 Big wedding with family

02-08-07 green card in hand!!! All done till 10/08.

Edited February 17, 2007 by devilette

[korswe 0]

Thank you all for your invaluable input. Can you elaborate on the K3 as it would apply to us? I was under the impression that it is illegal to come into the US as a vistor with an intent to marry. It would be hard to explain in an interview that we lacked the intent when there would be only a week between the time she steps onto the US soil and us getting married. Maybe we could make up a story like I met her in Vegas playing craps. I don't know. Hypothetically, my fiance can visit me here in the States and we could go to Vegas or a family court to get married, but wouldn't we be breaking an immigration law? After we get married on a visitors visa and she goes back to Sweden, how could I file a K3 visa knowing that we did intend to get married without going through the process?

People break laws everyday - jaywalking or spitting on sidewalks, not to mention fornication (which is so outdated just like any Sabbath laws and which I'm guilty of). The difference here is that the INS (nevermind what it calls itself nowadays to sound more generic to get out of the limelight) has known to make the immigration process as s-l-o-w as possible. I don't want to make the process any slower than what it already is.

[featherB 1]

I was under the impression that it is illegal to come into the US as a vistor with an intent to marry.

Nope... nothing illegal about entering with the intent to marry (think how many people fly to the US especially to marry in Las Vegas, for example) - it's using a vistitor's visa or the visa waiver program to enter with the intent to marry and immigrate (on that trip) that is a problem. Nothing to stop the two of you marrying, then your fiancee leaving the US and going back home again afterwards. You'd be doing nothing wrong, at all.

Edited February 18, 2007 by featherB

[Eveline 9]

No, it is not illegal to come to the US with the intend to marry. IF that was the case, all those couples getting married in Las Vegas would be illegal. The illegal part is to stay in the US after that and NOT going back to your home country to apply for K3. You are completely eligible for a K3. The only thing is that it would delay you two being together for a while but since you said that she has some exams etc. to do anyway...you should be fine and just go ahead, plan your wedding, apply for K3 and have a happy life togehter. Good luck.

[korswe 0]

No, it is not illegal to come to the US with the intend to marry. IF that was the case, all those couples getting married in Las Vegas would be illegal. The illegal part is to stay in the US after that and NOT going back to your home country to apply for K3. You are completely eligible for a K3. The only thing is that it would delay you two being together for a while but since you said that she has some exams etc. to do anyway...you should be fine and just go ahead, plan your wedding, apply for K3 and have a happy life togehter. Good luck.

Tremendous! K3 visa seems to be the better option for our situation given that my fiance has to go back to finish up school. I'm a firm believer in logic winning out over time. I appreciate all of you! Thank you.

[rebeccajo 14]

Or you could apply for a K1 now, get it by late summer & have her come over early to get legally married & to file her AOS. Then while her AOS is pending, the 'fancy' wedding will happen. We did something similar - see my timeline.

Got K1 in October 06

11-03-06 Fiance entered US

11-10-06 married

12-07-06 AOS filed

01-09-07 AOS transferred to CSC, YAY! (39 days)

01-31-07 GREEN CARD ORDERED (61 days)

02-02-07 Big wedding with family

02-08-07 green card in hand!!! All done till 10/08.

This option would work if one could control the processing time of AOS. Unfortunately one cannot.

To those of you wondering why I am saying CR1 instead of K3 - it's purely because of AOS. I know that many on here have experienced quick greencards. But there are a lot who haven't as well. It's my perspective that somehow, the State Department (who processes the CR1) is much more efficient at processing the AOS phase of the CR1 than USCIS is at processing a stateside AOS after K1 or K3 entry.

Given that the OP has expressed an interest in being able to reside part of the year in another country, I think it would be in his best interest to investigate the CR1.