Help! Advice Required

[EllieB 0]

Hey guys! So here's the situation. I met my boyfriend online about two years ago. We fell madly in love. He came to visit me in the US in June of 2018, and we had a wonderful time together. I decided to leave the US to live with him in Chile in September of 2018. I have been living with him here in Santiago, Chile for a year now. We would like to get engaged, and then, obviously, married. But we don't want to part.

 

Here's the trouble. I need to return to the US, as I have a job and family waiting for me there. I intend to return to Florida this upcoming January. If I file form I-129F upon my return (we plan to get engaged on New Years Eve!), we will have to part for several months while the form is processing. 

 

We are willing to do whatever it takes (legally, of course) to remain together throughout this process, but there does not seem to be any way for him to stay with me in the US during this process. Do you guys have any advice to make this easier for us, or perhaps a way for him to stay with me for 90 day periods while we wait? I know that once I file for a K-1 visa, it would be difficult for him to be allowed into the US, as USCIS agents will want to ensure that we do not get married while he is visiting, and that he returns to Chile within the 90 days. But we're a great team, and separating for half a year or more would be very hard for both of us, as we are each others' main forms of emotional, mental, and spiritual support.

 

Thanks for your help, lovely people.

 

-Elizabeth

[payxibka 10,044]

4 minutes ago, EllieB said:

Hey guys! So here's the situation. I met my boyfriend online about two years ago. We fell madly in love. He came to visit me in the US in June of 2018, and we had a wonderful time together. I decided to leave the US to live with him in Chile in September of 2018. I have been living with him here in Santiago, Chile for a year now. We would like to get engaged, and then, obviously, married. But we don't want to part.

 

Here's the trouble. I need to return to the US, as I have a job and family waiting for me there. I intend to return to Florida this upcoming January. If I file form I-129F upon my return (we plan to get engaged on New Years Eve!), we will have to part for several months while the form is processing. 

 

We are willing to do whatever it takes (legally, of course) to remain together throughout this process, but there does not seem to be any way for him to stay with me in the US during this process. Do you guys have any advice to make this easier for us, or perhaps a way for him to stay with me for 90 day periods while we wait? I know that once I file for a K-1 visa, it would be difficult for him to be allowed into the US, as USCIS agents will want to ensure that we do not get married while he is visiting, and that he returns to Chile within the 90 days. But we're a great team, and separating for half a year or more would be very hard for both of us, as we are each others' main forms of emotional, mental, and spiritual support.

 

Thanks for your help, lovely people.

 

-Elizabeth

You are eligible to petition right now,  why wait 

[EllieB 0]

3 minutes ago, payxibka said:

You are eligible to petition right now,  why wait 

I would have to file from Chile, which I fear would add time to the processing. I felt that filing from the US may be easier...

 

But, do you think it would be generally better to file now, from Chile? Thanks for your help!

[Letspaintcookies 2,202]

8 minutes ago, EllieB said:

I would have to file from Chile, which I fear would add time to the processing. I felt that filing from the US may be easier...

 

But, do you think it would be generally better to file now, from Chile? Thanks for your help!

It won't add time to the processing. No worries about that. 

It will definitely shorten the time you'll have to spend apart. 

[payxibka 10,044]

48 minutes ago, EllieB said:

I would have to file from Chile, which I fear would add time to the processing. I felt that filing from the US may be easier...

 

But, do you think it would be generally better to file now, from Chile? Thanks for your help!

Use your US based address as your mailing address 

 

I assume you understand the shortcomings of the k1 visa 

Edited September 18, 2019 by payxibka

[EllieB 0]

20 minutes ago, payxibka said:

Use your US based address as your mailing address 

 

I assume you understand the shortcomings of the k1 visa 

I know that he would not be able to visit while the petition is processing. Are there any other shortcomings that I should be aware of?

 

Also, I believe that I should send my petition to the Texas lockbox location but I’m not completely sure that I am correct about this.

[payxibka 10,044]

6 minutes ago, EllieB said:

I know that he would not be able to visit while the petition is processing. Are there any other shortcomings that I should be aware of?

 

Also, I believe that I should send my petition to the Texas lockbox location but I’m not completely sure that I am correct about this.

Not being able to work or leave the USA until employment authorized and advance parole received,  which is taking about 6 months after adjustment of status is applied for or green card approval whichever comes first 

 

Texas lockbox is correct 

Edited September 18, 2019 by payxibka

[SalishSea 16,746]

Periods of separation are inevitable when it comes to US immigration.  Nothing about it is fast.

 

Doesn't he have a job?  How is it that he’s able to visit for 3 months at a time?  That may be a red flag to CBP.

[Boiler 43,396]

Best to marry now and file for a spouse.

[jaysaldi 208]

"I know that once I file for a K-1 visa, it would be difficult for him to be allowed into the US"

 

He's eligible for visa free entry to the USA for 90 days as a Chilean citizen. Yes, he may face some scrutiny as your fiance, but he would just have to show that he's planning to go back to Chile. Something like 98-99% of visa waiver eligible visitors who land in the USA are admitted.   I disagree with your doomsday speculation that he would be denied entry as a visitor just because you're engaged.

[GetOutside 164]

Look at it this way, you have your whole lives to spend together once approved. A few months apart won’t kill you nor is it the end of the world. A lot of us have done it. And a lot of us are doing it right now. It sucks but it’s honestly not that bad and makes you appreciate each other more. Plus it’ll be VERY exciting once your fiancé arrives on his approved k1 visa and you get to start your new lives together!

 

If your dying with out each other during this process then he can visit you in the US- a lot of couples do it. 

[Ed&Midori1031 330]

Whether it be filing from the U.S. or there in Chile, the timing of the petition won't vary.  Best to get it done at your earlist conveneince.  I know it's hard to be separated.  My wife and I only saw each other 3 time siwthin 18 months, but once we finally gout our "approved" for the visa, and she stepped on U.S. soil, We looked back and thought "that time went by quick".  IF you do decide to move back to Florida, try and visit your fiance as much as you can, keep the ticket stubs, receipts, etc. it will help with proof of evidence.   

[usmsbow 795]

22 hours ago, EllieB said:

I know that he would not be able to visit while the petition is processing. Are there any other shortcomings that I should be aware of?

 

Why wouldn't he be able to visit?