Best way to get my fiancee legally here

[magic10nogueira 0]

Hello everyone

I'm a 26 yo American citizen who was living in P, Europe for the past 16 years, where i met my fiance . So, now i recently moved back to the US and am dying to bring her here. I've been all over the internet reading about visas etc. Our initial plan was for her to come in with a ESTA visa and get married. I also read about K-1 or marrying overseas but those options seem to take forever and the paper work that will involve is heartbreaking. Don't really mind going through all the paper work if she was here with me !

I really wanted to know your opinion on the best/legal/fastest way that i can do things .

Thanks you

Appreciate it

[A'n'L 735]

How important is it for her to start working and being able to travel internationally? If it's not a crucial art of the puzzle, then a K1 might be best for you. At the moment, it is definitely the fastest way of getting her here. During the processing, she'll be fine to visit the US using the ESTA, but arriving on an ESTA with the intention of staying is illegal/fraud.

[Transborderwife 4,666]

k1 is your best legal path

[Roel 7,191]

There is no quick/cheap way. There is just none.

Having her come on ESTA and staying is a FRAUD. DONT. DO. IT. (She can come on ESTA, get married but ONLY if she goes back to her country and you do CR1 (spouse visa)).

Just do K1. Fiance visa. Is "faster" than spouse visa. Paperwork is actually pretty simple, if you get familiar with the guide.

http://www.visajourney.com/content/k1guide

[LionessDeon 2,060]

http://www.visajourney.com/content/compare

There is a helpful visa comparison chart in the guides

[C-ma'am 684]

**Post moved from K1 Case Filing and Progress Reports to What visa do I Need? - OP's question is better suited for this part of the forum

[mindthegap 2,543]

Did you live together in Portugal, and if so do you have any paperwork showing this?

I wonder if you can do DCF in Portugal (I have no idea), in which case you could go back temporarily, get married and immediately file CR-1 via DCF.

Would speed things up considerably, and you do not have to remain in the country the whole time.

[Ryan H 3,795]

Did you live together in Portugal, and if so do you have any paperwork showing this?

I wonder if you can do DCF in Portugal (I have no idea), in which case you could go back temporarily, get married and immediately file CR-1 via DCF.

Would speed things up considerably, and you do not have to remain in the country the whole time.

No USCIS field office in Portugal, DCF will not be possible.

[magic10nogueira 0]

How important is it for her to start working and being able to travel internationally? If it's not a crucial art of the puzzle, then a K1 might be best for you. At the moment, it is definitely the fastest way of getting her here. During the processing, she'll be fine to visit the US using the ESTA, but arriving on an ESTA with the intention of staying is illegal/fraud.

The working part is not that big of a deal but being able to travel to the US is. K1 is the fastest visa right but still its going to take at least 7 months

[kris&me 572]

and even though you lived outside the US, you had to have filed IRS tax returns so hope you can produce the last 3 years with income of 124% poverty guidlines for 2016

[magic10nogueira 0]

and even though you lived outside the US, you had to have filed IRS tax returns so hope you can produce the last 3 years with income of 124% poverty guidlines for 2016

im sorry but what does that mean ? i just started working in the us for the first time about a week ago .

[kzielu 1,147]

im sorry but what does that mean ? i just started working in the us for the first time about a week ago .

Did you work in Portugal ? If yes, you were supposed to file tax returns with IRS - that's what it means.

[hateadminforms 19]

The working part is not that big of a deal but being able to travel to the US is. K1 is the fastest visa right but still its going to take at least 7 months

I know of someone who used to live in Europe, they travelled to the USA on holiday and after 2 weeks decided to stay.

Having travelled on ESTA the married couple then contacted USCIS offices in May by phone this year having spoken to a local office in Vermont and were told: file the i-485, i-130 and other forms ( it was a long list). Family references and letters of support helped as well.

The US citizen in the partnership flew back and forth to "close off their European life" as the other party could not travel nor could they work.

The person concerned is now in possession of their green card, social security number and has their authorisation for employment.

The big difference to their life and yours, they were married, no children BUT when they arrived in the USA it had not been their intention to stay, simply matters related to the family made it a good decision for them.

For me, I await Nebraska and note the comments of others in this forum, yet I also know there are those who are exceptions so not is all black and white "as per the rules."

[Ketsuban 1,034]

You're going to need to provide proof you can sponsor your fiancée by showing tax return transcripts and W-2s, pay stubs or bank account statements etc as back-up proof. If you can't fulfill this obligation then literally anybody else who resides in the US legally can be the joint sponsor but they have to make 125% of the poverty line by themselves (or with their spouse if they file taxes jointly).

You would have to do this whether you pursue a K-1 or a CR-1. And yes you would still have to do this if you brought her here illegally under the Visa Waiver Program (ESTA is permission to board the flight), which I don't recommend because it causes CBP to further scrutinize innocent VWP entrants who just want to visit and go home.

[Eric-Pris 1,602]

im sorry but what does that mean ? i just started working in the us for the first time about a week ago .

US Citizens are required to file income tax returns on all income, even foreign.

Also, using ESTA to emigrate is illegal, and if it is determined that she committed visa fraud, she could receive a lifetime ban from the US. Do you want to risk it?