Doubts about the ways I have and which one is best, to get married in America and stay there.

[CEE53147 559]

1 hour ago, Yonna said:

Huum, that's a painfully time apart

 

Then don't marry a USC and plan to live in the US.  He can certainly find a legal way to live with you in Spain until you get a visa allowing you to come to the US.

Edited March 24, 2019 by CEE53147

[SalishSea 16,772]

4 hours ago, Yonna said:

Huum, that's a painfully time apart

Yeah, we know.  We've all been there.  There is NO legal way around the time apart.

[SalishSea 16,772]

4 hours ago, Yonna said:

No no, in April is just to visit my boyfriend and some other friends. I'll leave in two weeks.althought we were planning on getting married in June or July, how would we have to do it in that case?

If you are serious about doing that, you need to seriously read and research the fiancee vs spousal visa option.  Yes waiting is hard, but the only way around that is if the USC can move to your country instead.

[SalishSea 16,772]

3 hours ago, Yonna said:

Yeah..I've been in a LDR for a while, but I expected this to be my last year...I feel heartbroken tbh..

Why have you not researched the logistics of immigrating before this?

[WeGuyGal 1,052]

3 hours ago, Yonna said:

Dude, I've never said that you guys don't know about this, that's why I'm posting here lol. The one who didn't know anything about it it's me, that's why I'm surprised and hurt. Don't be a jerk.

Don't call someone a jerk for blunt advice.

It's never easy marrying someone from another country. Visas/immigration takes time for ALL of us. 

[Cryssiekins 976]

6 minutes ago, WeGuyGal said:

Don't call someone a jerk for blunt advice.

It's never easy marrying someone from another country. Visas/immigration takes time for ALL of us. 

People so very frequently mistake the blunt, harsh truths of the US immigration journey for “rudeness”.  

[SalishSea 16,772]

1 minute ago, Cryssiekins said:

People so very frequently mistake the blunt, harsh truths of the US immigration journey for “rudeness”.  

Yup.  And they get mad when they come here for advice, and it is not what they'd like to hear.....

[Yonna 4]

Okay  sorry for the misunderstandings that may have occurred.

 

I had an idea, tell me if it could be possible to achieve. 

 

If I get married in April, then LEAVE. There's not fraud, becauseI'm leaving and I can prove I'm leaving. But in April I could start the CR1. 

 

Then, in summer, could I get a B2 to stay for 6 months at least while the CR1 is processing? 

[geowrian 22,335]

7 minutes ago, Yonna said:

Okay  sorry for the misunderstandings that may have occurred.

 

I had an idea, tell me if it could be possible to achieve. 

 

If I get married in April, then LEAVE. There's not fraud, becauseI'm leaving and I can prove I'm leaving. But in April I could start the CR1. 

 

Then, in summer, could I get a B2 to stay for 6 months at least while the CR1 is processing? 

All this is possible.

 

The part about getting a tourist visa is the biggest hurdle. Getting a tourist visa is extremely difficult for somebody with:

1) A USC spouse,

2) A pending I-130 application, and

3) From a VWP country

 

Unlike using the VWP for the 90 day visits, obtaining a tourist visa requires overcoming a presumption of immigrant intent. Showing non-immigrant intent with the items above has nearly 0 change of success. And what strong ties would you have to return home, since you are planning to abandon any such ties in the months afterwards when you immigrate?

 

Ordinarily I would suggest to try it anyway, but not in your case. If you are denied the tourist visa, your ESTA application must be updated to show the denial. This would very, very likely result in the ESTA being revoked. So you would lose your ability to visit at all and have to wait fore the spousal visa.

 

Very high risk + possible loss of any visiting privileges = probably not a good idea.

Stick with the ESTA and visit for up to 90 days at a time. Even then, don't cut it too close to the limit just in case.

Edited March 25, 2019 by geowrian

[NikLR 13,220]

15 minutes ago, Yonna said:

Okay  sorry for the misunderstandings that may have occurred.

 

I had an idea, tell me if it could be possible to achieve. 

 

If I get married in April, then LEAVE. There's not fraud, becauseI'm leaving and I can prove I'm leaving. But in April I could start the CR1. 

 

Then, in summer, could I get a B2 to stay for 6 months at least while the CR1 is processing? 

To be honest, i would not try for the B2 visa for 6 months.  Since you're eligible for the VWP use that for up to 90 days at a time instead.  B2 visas are often denied for VWP country citizens and that denial makes you ineligible for the VWP.  Suddenly you'd have zero method of visiting during the long wait. 

 Hubs and I visited every 3 months for about 10 days each time and I had no issues entering. 

[Roel 7,191]

As much as everyone is trying to give OP good advice, she seems like a type (impatient, not researching) that will just go there in April and adjust status. All it takes is to lie on the border after all, no one will prove her illegal intent anyway.

 

She will come back in April asking what AOS is and complaining how long it takes.  😛 she already said she wants to work as soon as possible, so incoming EAD complains. 

Edited March 25, 2019 by Roel

[Dashinka 23,247]

12 hours ago, Yonna said:

This things should be easier.

Nothing about immigration is easy as you have been finding out.  You do have an advantage though being from a VWP country where you can visit during the process as long as CBP (Customs and Border Protection) does not think you are abusing it.  In the grand scheme of things, 12-14 months is not a very long time assuming you will be applying for the CR1.

 

Good Luck!

[Dashinka 23,247]

3 hours ago, Roel said:

As much as everyone is trying to give OP good advice, she seems like a type (impatient, not researching) that will just go there in April and adjust status. All it takes is to lie on the border after all, no one will prove her illegal intent anyway.

 

She will come back in April asking what AOS is and complaining how long it takes.  😛 she already said she wants to work as soon as possible, so incoming EAD complains. 

Makes me wonder when USCIS will start scrutinizing social media accounts of those AOSing with an I130 from inside the US.

[Paul & Mallory 1,398]

My biggest piece of advice to you right now, based on your commentary - I strongly implore both you and your partner to get to researching. A LOT. Immigration is not easy and it's not meant to be - it's a privilege, not a right, and if it were so easy (just get married and move right on over), then there would be a heck of a lot more fraud than we already have as it is. There's processes in place for a reason. No, they aren't always fun, but it's the price you pay. Everyone who has completed the same process you're asking about has been in your shoes before at some point. That isn't to negate your impending frustrations - just to remind you that you aren't being "punished" and you are not alone. But if you are truly in love and want to spend the rest of your life with someone, then these paths are ALWAYS worth it in the end. And the separation is temporary. I would remind myself daily, during my time apart from my husband - it's either be apart now, temporarily, or be apart forever because we don't do what we have to in order to live the life together that we want. A very easy no-brainer, in my opinion.

 

Again - RESEARCH RESEARCH RESEARCH. Be sure you are BOTH well versed on all of the available options, and even more well versed on the option you wind up taking. From beginning to END. Make sure you know what you are in for, from start to finish, and be as prepared as possible for each step as it comes.

 

Good luck.

[Nicola and Jordan 668]

So here is my info from a K1

 

We filed March 2018

Medical and Interview November 2018 

Visa in hand December 2018

Flew to USA February 2019

Filed AOS March 2019

 

Now the long wait begins again for EAD and an even longer wait for the green card. 

 

If we were to do this process again we would definitely do them spousal visa as not being able to work is tough. Luckily we are financially stable but it’s a massive adjustment when you have worked most of your life. The process is quite expensive too so be prepared for that but the worst is leaving family and friends and the homesickness. 

 

Everyone here has given really great advice so take it on board, do lots of research!! 3 years apart is a lot so maybe spend more time together before taking that leap. Don’t rush into anything, all

of us here know how hard it is to be away from the one you love but rushing this process (which really shouldn’t be taken lightly) when you’re not ready will cause you more of a headache and heartache. 

 

Enjoy your trip in April and spend quality time together.