Trying to Find Easiest/Fastest Process for Fiance

[claymore2h 7]

Salutations all,

 

First off, I am an American citizen, born and raised.  However, I am engaged to a woman from Albania and am wondering what would be the easiest and quickest way for her to get here.  She currently has a Tourist Visa, which she just received in July.  We're looking to get married as soon as possible, but want to make sure she can come into the country to stay and want to know the best route to do it.  I know that there's a fiance visa, but I've heard it takes around 9 months for its issuance.  I've heard marriage visas take longer!  Is it possible that her tourist visa could get her here?  Is that legal?  I'm not trying to do anything against the law here; I just really want to do the most expedited process available.  Can she use her tourist visa to get here and marry?  What are the laws around that?  I appreciate any helpful information that anyone might have!

[Sammy 1 13]

the only way I know to do it is by K1 fiancee visa 5-7 months or cr1 spousal visa 9 months.  we are all  having to wait. seems there is no legal way to rush this process. it has taken me 1 month just to get the k1 visa application packet together.. still have to send it and then WAIT WAIT WAIT !

[SalishSea 17,928]

20 minutes ago, claymore2h said:

Salutations all,

 

First off, I am an American citizen, born and raised.  However, I am engaged to a woman from Albania and am wondering what would be the easiest and quickest way for her to get here.  She currently has a Tourist Visa, which she just received in July.  We're looking to get married as soon as possible, but want to make sure she can come into the country to stay and want to know the best route to do it.  I know that there's a fiance visa, but I've heard it takes around 9 months for its issuance.  I've heard marriage visas take longer!  Is it possible that her tourist visa could get her here?  Is that legal?  I'm not trying to do anything against the law here; I just really want to do the most expedited process available.  Can she use her tourist visa to get here and marry?  What are the laws around that?  I appreciate any helpful information that anyone might have!

It is not legal to use a tourist visa to enter the US to marry.  It is fraudulent.  Believe me, we would ALL be doing that if we could!  We all want to be with our SOs ASAP.  But you have to jump through the hoops and do things legally and queue up with the rest of us...

 

Not knowing your details, it is hard to tell you which visa (K-1 vs CR-1) would make the most sense.  CR-1 (spousal) takes longer at this point, but the alien spouse enters the US with a two year conditional green card, and can work.  It is also cheaper.

 

K-1 is faster, but when the fiancee arrives, she must wait a period of time for both a work permit and parole to exit and come back.  And, there is the AOS, which is spendy ($1225ish).   So, as you can see, there are pros and cons to each option.  You must weigh them for your particular situation.  

 

The one UNIVERSAL thing about bringing your sweetie over is that there is no way around WAITING.   Best of luck!  There are many resources and wise folks here at VJ.  I recommend reading like a fiend.  

 

 

[Loren Y 2,755]

More like 8-10 months for a K1 Visa. Took me almost exactly 8 months from NOA1 to interview with approval, that's no RFEs or any problems and a very easy case. CR1 or spousal Visa is more like 12-14 months total time. These are the real numbers currently. Who knows though, maybe it will get back to 4-6 months for the K1.... LOL.

[TNJ17 1,329]

20 minutes ago, Debbiedeb said:

the only way I know to do it is by K1 fiancee visa 5-7 months or cr1 spousal visa 9 months.  we are all  having to wait. seems there is no legal way to rush this process. it has taken me 1 month just to get the k1 visa application packet together.. still have to send it and then WAIT WAIT WAIT !

There is absolutely no way it takes 5-7 months for fiancé visa and 9 months for spousal. It’s taking 9-12 months for fiancé and 12-16 months for spousal. 

 

With that said, no she cannot use tourist visa to immigrate. That’s illegal. File for fiancé ASAP and wait out the time. If you have a legitimate reason to expedite you may file for that but most likely you don’t or won’t get approved for that unless it’s a real emergency. 

[mushroomspore 3,044]

Read the guides on this site.

 

She CAN come on her tourist visa and get married to you while in the US. But she MUST go back home and you guys would have to start the spousal visa process. Spousal visa is superior in my opinion. She will be a permanent resident upon arrival, can work and travel immediately and the overall process takes less time actually.

 

With K1, you have to wait for the K1 visa and then file adjustment of status (green card) papers after she marries you but before her I-94 expires. The adjustment of status phase is taking a long time (a year or more). She also cannot work or travel until she gets the EAD/AP card, which takes 5-8 months to approve.

 

Consider spousal visa. It avoids adjustment of status altogether.

Edited August 21, 2018 by mushroomspore

[TM92 527]

43 minutes ago, claymore2h said:

Can she use her tourist visa to get here and marry? What are the laws around that?

It is legal to marry in the US with a tourist visa, but it is 100% illegal to use a tourist visa with intent to AOS (or overstay).

Edited August 21, 2018 by TM92

[JFH 12,190]

12 minutes ago, Jorgedig said:

It is not legal to use a tourist visa to enter the US to marry.  It is fraudulent.  Believe me, we would ALL be doing that if we could!  We all want to be with our SOs ASAP.  But you have to jump through the hoops and do things legally and queue up with the rest of us...

 

 

 

Not exactly correct. Perfectly legal to marry on a tourist visa. What's illegal is to enter with a tourist visa with the intention of staying (married or otherwise). We got married whilst I was visiting my husband. 

[claymore2h 7]

Okay, based on what I'm seeing, she can come into the country with her tourist visa, we can get married while she's here, but she has to return home within the allotted time frame (I believe that's a six month maximum stay).  During that time, she can be working on submitting and getting a spousal visa which takes longer, but once issued it will allow her permanent residence with the ability to work and travel outside the U.S.

 

Would she--upon leaving--feasibly be able to reenter the country while waiting for her spousal visa due to her tourist visa, so long as she again permitted her entry into the country?  She just got her tourist visa in July, so it's good until 2021 . . . or does her application for the spousal visa eliminate that possibility?

 

Thanks for all your responses thus far everyone.  You're all most helpful!  I appreciate you all greatly!

[JFH 12,190]

She can visit during the process. But she must be able to convince the CBP officer each and every time that she arrives that she will return home at the end of her visit. Entry into the USA is only guaranteed to USCs. Everyone else must request admission and hope fit the best. A visa does not guarantee admittance. 

 

Have you met in person yet?

[claymore2h 7]

We have, yes.  I've been there and she's been here.  So, we've met in person twice.

[mushroomspore 3,044]

3 minutes ago, claymore2h said:

Okay, based on what I'm seeing, she can come into the country with her tourist visa, we can get married while she's here, but she has to return home within the allotted time frame (I believe that's a six month maximum stay).  During that time, she can be working on submitting and getting a spousal visa which takes longer, but once issued it will allow her permanent residence with the ability to work and travel outside the U.S.

 

Would she--upon leaving--feasibly be able to reenter the country while waiting for her spousal visa due to her tourist visa, so long as she again permitted her entry into the country?  She just got her tourist visa in July, so it's good until 2021 . . . or does her application for the spousal visa eliminate that possibility?

 

Thanks for all your responses thus far everyone.  You're all most helpful!  I appreciate you all greatly!

Yes she's allowed to visit while the spousal visa is pending. But I think she would have to have compelling evidence to show to CBP that her visit is 100% temporary and that she absolutely plans to return home. Job, family obligations, rrturn flight already booked, what-have-you. It'll be up to CBP's discretion to grant or deny her entry though. 

[claymore2h 7]

Just now, mushroomspore said:

Yes she's allowed to visit while the spousal visa is pending. But I think she would have to have compelling evidence to show to CBP that her visit is 100% temporary and that she absolutely plans to return home. Job, family obligations, rrturn flight already booked, what-have-you. It'll be up to CBP's discretion to grant or deny her entry though. 

 

I know it's something of a stretch, but I wonder if it would help that after we get married here, she does return home when her six months eligibility to be here is up.  I know it's risky, but perhaps that would help to show honesty in intent.

[TM92 527]

6 minutes ago, claymore2h said:

She just got her tourist visa in July, so it's good until 2021 . . . or does her application for the spousal visa eliminate that possibility?

100% what @JFH and @mushroomspore already said. I'll add that a tourist visa is only automatically revoked when a CR-1 (or K-1, etc.) visa is approved and issued.

2 minutes ago, claymore2h said:

she does return home when her six months eligibility to be here is up.

6 months are not guaranteed. CBP will determine the max amount at time at POE.

[mushroomspore 3,044]

14 minutes ago, claymore2h said:

 

I know it's something of a stretch, but I wonder if it would help that after we get married here, she does return home when her six months eligibility to be here is up.  I know it's risky, but perhaps that would help to show honesty in intent.

CBP will determine how long she can stay on her tourist visa. Better for you to visit her, if possible, during the spousal visa processing. A lot of people ask about their fiance(e)s and spouses visiting during the processing and it's impossible because it's really dependent on how strict or nice the CBP agent she ends up with is. So it's usually better for the American to visit.

Edited August 21, 2018 by mushroomspore