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alexpm7

Fiancé visa or faster way?

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Hello! I was wondering what way would be faster for me and my boyfriend to be able to live in the US.
I'm a US citizen and he's Peruvian but has a tourist visa for a long time and has lived in the US before. Currently we both live in Perú, but I'm moving to the US soon and I we want to go together.
I was thinking of visiting my cousin who lives in the states with my bf and getting married while we're there, and then coming back to Perú and wait for the process so we can be together during that time. My questions are:

Would it be faster if I apply for a petition for him to go to the states with me as my fiancé? (I know that the process can take up to 6 months IF it is approved) 
Would he be able to stay there with me while we wait for the petition to be approved? 

If we get married in the US, then come back to Perú for a few months, and then go back to the US and stay so he can apply for an adjustment of status, would it be faster? 

Thank you in advance!

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K-1 (fiance visa) is taking ~7-9 months currently. CR-1/IR-1 (spousal) is taking around 12-14 months on average. So the K-1 is faster, but due to having to AOS afterwards, It's also more expensive, more paperwork, and doesn't let you work or travel abroad after entry for about 4 months (assuming you file for AP along with AOS).

 

He can visit while the case is processing. That said, he should be ready to show his ties to return home since CBP tends to be more skeptical of immigrant intent once you file.

20 minutes ago, alexpm7 said:

If we get married in the US, then come back to Perú for a few months, and then go back to the US and stay so he can apply for an adjustment of status, would it be faster?

This would be visa fraud to enter the US on a tourist visa with intent to adjust status. He can enter on a CR-1/IR-1 (no AOS needed afterwards), or on a K-1 (but you can't be married already, obviously).


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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If you actually wanna get married in the US, return to Peru and then petition him, you would be petitioning for a spousal visa not fiance visa. Just saying ;)


For my I-129F and K-1 detailed timelines, please refer to my timeline page :)

 

AOS + EAD + AP

Spoiler

1 March 2018 (Thu): FedEx 2-Day 10.30 AM to Chicago, IL.
5 March 2017 (Fri): Delivered to Chicago, IL. <Signed for by: J. Chyba>
10 March 2018 (Sat): NOA1 hardcopy's date.
12 March 2018 (Mon): Check cashed.
13 March 2018 (Tue): Received text and e-mail notifications.
16 March 2018 (Fri): NOA1 hardcopy via normal mail.

16 March 2018 (Fri):: Biometrics appointment letter's date.

22 March 2018 (Thu): Biometrics appointment letter via normal mail.

5 April 2018 (Thu): Biometrics appointment at 9.00 am.

 

AOS Updates Post-Biometrics

19 July 2018 (Thu): Text and email notifications stating that as of 17 July 2018, case is ready to be scheduled for an interview and a notice will follow.

 

EAD + AP Updates Post-Biometrics

6 August 2018 (Mon): NOA2 hardcopy's date.

6 August 2018 (Mon): Text and e-mail notifications received. New card is ordered and being produced.

9 August 2018 (Thu): Text and e-mail notifications received. Card is picked up by USPS.

10 August 2018 (Fri): NOA2 hardcopy via normal mail.

11 August 2018 (Sat): Combo card sent from Lee's Summit, MO via Priority Mail and no signature was required at delivery. Mailman dropped it in the mailbox like regular mails.

** Approved in 158 days **

 

 

If you require my attention or response in the public forum, please quote or tag me in your post as I have turned off the auto-follow function. 

My VJ inbox is always open too. I'm happy to share what I know or assist where I can.

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I believe that using a tourist visa to get married while you're here in considered immigration fraud. They want you to use the K-1 process so they get all their fees and money. A tourist visa is meant for visiting, not marrying.

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4 minutes ago, fordguy61mi said:

I believe that using a tourist visa to get married while you're here in considered immigration fraud. They want you to use the K-1 process so they get all their fees and money. A tourist visa is meant for visiting, not marrying.

Using a tourist visa to get married is perfectly fine, using a tourist visa when you plan to get married and stay is fraud.

Then they get the fees and money from the spouse visa


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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1 hour ago, MacUK said:

using a tourist visa when you plan to get married and stay is fraud

I saw a news article the other day saying that people marrying while on a tourist visa and then applying for AOS (as a "legal loophole") is another process that Trump is taking aim at, along with his plans to get rid of the Diversity Visa and E3/other work type visas. 

 

I foresee a huge spike in K1 and CR1 visa applications if he does that.

Edited by dentsflogged

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Hi! We're not planning on staying, we want to go visit (stay for a week or 2) a get married while we're there, then come back to Perú. Then, after a few months, we would go back to the US and stay, apply for an AOS. The question is, would this help speed the process? Or should I just do the K1 from here? (Perú) 

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6 minutes ago, alexpm7 said:

Hi! We're not planning on staying, we want to go visit (stay for a week or 2) a get married while we're there, then come back to Perú. Then, after a few months, we would go back to the US and stay, apply for an AOS. The question is, would this help speed the process? Or should I just do the K1 from here? (Perú) 

You can file for a K-1, wait the ~7-9 months, then enter on that to marry & then file AOS.

Or you can marry when you visit (leaving afterwards), file the I-130 for a CR-1 visa, and wait the ~12-14 months for that.

You cannot enter on the tourist visa to AOS.

 

You can visit in either situation while the forms are processing.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 hours ago, alexpm7 said:

Then, after a few months, we would go back to the US and stay, apply for an AOS

 

That's the bit that's fraud


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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8 hours ago, dentsflogged said:

I saw a news article the other day saying that people marrying while on a tourist visa and then applying for AOS (as a "legal loophole") is another process that Trump is taking aim at, along with his plans to get rid of the Diversity Visa and E3/other work type visas. 

 

I foresee a huge spike in K1 and CR1 visa applications if he does that.

 

As much as I'd personally like to see AoS from tourist visas disappear I can't see it happening.

 

What Mr. Trump says he'll do and what Mr. Trump actually does can be very different things


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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