Looking to marry my Peruvian gf

[Pawstruck 1]

Hey all! I met my girlfriend through eharmony back in January. I've met her in person twice. We're in love and want to marry (we've already agreed to it ASAP).

I dunno if you guys can answer all of these, but any insight is appreciated.

1. Is it legally possible/advisable to live with my fiance on her traveler's visa until the wedding? She's been using her travelers visa to live in Canada with her sister (with a time limit of course), so can she live with/near me for a few months? (I realize the k1 takes longer than that).

2. Must my fiance be in her home country to file for k1? when the filing occurs? So could she, a Peruvian, be living with her sister in Canada when I file for k1?

3. Can my fiance work for her family BEFORE the k1 is approved? She has family with a business in Jersey, and they're convinced that her working for them is no big deal. I'm pretty sure that's illegal and could get her deported forever.

4. If I'm a student, what must I file as a statement of support? I met with a lawyer and she said that my parents could help with that.

5. What forms can we file simultaneously to ensure my fiancee can work as soon as the k1 is approved?

[Boiler 43,433]

1. Does she have a US Visa?

2. No

3. If she has a work visa, yes.

4. I 864 and yes

5. You file for work after you marry as part of the adjustment process, takes 90 days. Or so.

Edited June 4, 2015 by Boiler

[Pawstruck 1]

Your reply to 2. : do you mean "no," she can't be in Canada when we apply for the k1, or "no," she doesn't have to be in Peru when I apply?

She has a b1/b2 tourist visa. She's visited me once here already, so I'm assuming that means it's a us visa?

[baron555 934]

1. Is it legally possible/advisable to live with my fiance on her traveler's visa until the wedding? She's been using her travelers visa to live in Canada with her sister (with a time limit of course), so can she live with/near me for a few months? (I realize the k1 takes longer than that).

Sure

2. Must my fiance be in her home country to file for k1? when the filing occurs? So could she, a Peruvian, be living with her sister in Canada when I file for k1?

No.

3. Can my fiance work for her family BEFORE the k1 is approved? She has family with a business in Jersey, and they're convinced that her working for them is no big deal. I'm pretty sure that's illegal and could get her deported forever.

Only with a valid work visa. If not, then No.

4. If I'm a student, what must I file as a statement of support? I met with a lawyer and she said that my parents could help with that.

Any USC can be a cosponsor. Both of you will submit 134 forms and documentation.

5. What forms can we file simultaneously to ensure my fiancee can work as soon as the k1 is approved?

After she arrives in the US on the K-1, you marry and then file for AOS (which will include the EAD and AP forms). The EAD allows legal work and takes about 2-3 months.

[Zedayn 485]

Hey all! I met my girlfriend through eharmony back in January. I've met her in person twice. We're in love and want to marry (we've already agreed to it ASAP).

I dunno if you guys can answer all of these, but any insight is appreciated.

1. Is it legally possible/advisable to live with my fiance on her traveler's visa until the wedding? She's been using her travelers visa to live in Canada with her sister (with a time limit of course), so can she live with/near me for a few months? (I realize the k1 takes longer than that).

2. Must my fiance be in her home country to file for k1? when the filing occurs? So could she, a Peruvian, be living with her sister in Canada when I file for k1?

3. Can my fiance work for her family BEFORE the k1 is approved? She has family with a business in Jersey, and they're convinced that her working for them is no big deal. I'm pretty sure that's illegal and could get her deported forever.

4. If I'm a student, what must I file as a statement of support? I met with a lawyer and she said that my parents could help with that.

5. What forms can we file simultaneously to ensure my fiancee can work as soon as the k1 is approved?

1. Are you talking about living with your fiancée in Canada on her visitor's visa, or in the US? She won't be able to live with you in the US (she can temporarily stay with you for as long as she is authorized), and no matter where she lives, she will still need to return home to her country for visa processing and the embassy interview.

2. Your fiancée does not need to be in her country to file. She only needs to be there when it's time to process her visa application and attend the embassy interview.

3. No, your fiancée cannot work on a visitor visa. It does not matter whether she is even paid or not, or if she is just wanting to help her family out. She can't do it.

4. For the initial I-129F petition, you don't need a statement of support. When your petition is approved and your fiancée applies for her K-1 visa, you will need the I-134 for the embassy interview. You can use your parents as a co-sponsor if your income is not enough, and they would need to fill out an I-134 as well.

5. Your fiancée will not be able to work until she has employment authorization. The best way is to apply for the EAD (employment authorization) after marriage and applying for adjustment of status. It will take between 60 to 90 days to be able to work after filing for AOS. So if you get married and file AOS in the first week of her arrival to the US on a K-1 visa, she will need to wait between 2 and 3 months to be able to work.

[Pawstruck 1]

Thank you all so much for taking time to reply!

Just a quick point of clarification: *I* apply for the k-1 for her, right? Because I'm the "petitioner?"

My plan as of now is: Have her come "visit" for a few months to lessen the ridiculous pain of a long distance relationship. While she's visiting, I get the k-1 rolling. She stays until either 1) her travel time expires (she has a tourist visa) or 2) they tell us it's time for her to do the interview in Peru. She then does the interview and hopefully we'll be approved. We are then married and go for AOS from there.

Personal question... how on earth do you plan for a wedding with all this?!? We're hoping for a 7-month-ish processing time for k-1... some folks say that's about right, others are saying it's way too optimistic.

[jxn 86]

How do you start the K-1 from inside the U.S.? I was under the impression that it has to be filed abroad. And I'm not sure but if she doesn't have residency in Canada I don't know if the U.S. Embassy will accept a K-1 petition there.

[Transborderwife 4,666]

One thing that I see here that I don't like are these words: "she's been using her visitors visa to live in Canada with her sister"

This is visa fraud and not the purpose of a tourist visa.

[Zedayn 485]

Thank you all so much for taking time to reply!

Just a quick point of clarification: *I* apply for the k-1 for her, right? Because I'm the "petitioner?"

My plan as of now is: Have her come "visit" for a few months to lessen the ridiculous pain of a long distance relationship. While she's visiting, I get the k-1 rolling. She stays until either 1) her travel time expires (she has a tourist visa) or 2) they tell us it's time for her to do the interview in Peru. She then does the interview and hopefully we'll be approved. We are then married and go for AOS from there.

Personal question... how on earth do you plan for a wedding with all this?!? We're hoping for a 7-month-ish processing time for k-1... some folks say that's about right, others are saying it's way too optimistic.

Let me clarify something. There are 2 stages to the process: petitioning for your fiancée, and applying for the visa.

The first stage is filing the I-129F petition for your fiancée. This petition once approved will allow your fiancée to apply for the K-1 visa.

So YOU, the petitioner, will first file the I-129F petition. Later on, your fiancée will apply for her K-1 visa.

As far as planning the wedding, the easiest would be to just have a legal wedding (to fulfill the requirements of getting married within 90 days) and plan for a wedding ceremony later.

How do you start the K-1 from inside the U.S.? I was under the impression that it has to be filed abroad. And I'm not sure but if she doesn't have residency in Canada I don't know if the U.S. Embassy will accept a K-1 petition there.

The petitioner is the one to file the I-129F petition. I started the I-129F petition for my wife while inside the US, and so have many others.

If she has residency in Canada, then yes she can interview at the US embassy there.

[Cody and Daisy 373]

I'll clear this up.

No you don't apply for the k1 for her.

You send off a I-129f petition that later if approved allows her to apply for a k1 visa.

Once the I-129f is approved that gives her permission to take a medical and attend an interview to apply for a k1 visa.

Edit- beaten to the punch!

Edited June 4, 2015 by Cody and Daisy

[jxn 86]

If she has residency in Canada, then yes she can interview at the US embassy there.

Thanks for the info. It looks like OP can get the ball rolling on his initial paperwork, but based on the way he phrased his earlier posts, it looks like his girlfriend is on a Canadian tourist visa. Unless there is some missing info, I assume she cannot apply for a K-1 from there.

[Pawstruck 1]

Oh wow. Interesting. So if she's not a resident of Canada, she has to file a petition from PERU??? Oi vey.

So I guess she'd have to go back home to Peru and file, at which point she can, if we choose, come visit me in the US while her k-1 processes?

I wonder how often/when she would have to return to Peru while it's in process...

[Transborderwife 4,666]

I think that you need to read the guides...YOU file the petition. She doesn't do anything until medical/interview etc.

[Essiej 42]

I think that you need to read the guides...YOU file the petition. She doesn't do anything until medical/interview etc.

Not 100% true, she still has to get a passport photo and fill in that G something document, sign it and send it.

[Transborderwife 4,666]

Not 100% true, she still has to get a passport photo and fill in that G something document, sign it and send it.

Couldn't that be done within the USA?