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Simple engagement case being complicated

By tnv in K-1 Fiance(e) Visa Process & Procedures

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no name Grand Master

no name   1

Posted
Filed: Timeline
Posted
So a follow up question guys, sorry I can't find a real quick answer in the guides, but if I apply for a K1 visa today, how much time am I looking at until she could get back to the States?

What service center are you closer to?

Look here: http://www.visajourney.com/timeline/k1list...or&dfile=No

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
So a follow up question guys, sorry I can't find a real quick answer in the guides, but if I apply for a K1 visa today, how much time am I looking at until she could get back to the States?

Not a simple question... you are looking at maybe 90 days for the petition and then you have to deal with the consulate part... you will need to find out what the average waiting time is for the interview from receipt of your file at the consulate. That could be 2 weeks to 18 mos. or something in between.

YMMV

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Yodrak Veteran

Yodrak   7

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devilette,

There is no fraud in getting married while in the USA as a tourist, or as any other type of non-immigrant.

Yodrak

You are fine to get married now, per your lawyer's advice. YOu had NO INTENT to marry when she arrived. Now you have intent. She leaves the country, comes back, KNOWING SHE WILL GET MARRIED, it's fraud. you cannot marry on a tourist visa IF YOU HAVE PRIOR INTENT.

.....

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no name Grand Master

no name   1

Posted
Filed: Timeline
Posted
devilette,

There is no fraud in getting married while in the USA as a tourist, or as any other type of non-immigrant.

Yodrak

You are fine to get married now, per your lawyer's advice. YOu had NO INTENT to marry when she arrived. Now you have intent. She leaves the country, comes back, KNOWING SHE WILL GET MARRIED, it's fraud. you cannot marry on a tourist visa IF YOU HAVE PRIOR INTENT.

.....

Yes, I already stood corrected, on page 1. :whistle:

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
What service center are you closer to?

Look here: http://www.visajourney.com/timeline/k1list...or&dfile=No

I am in Utah, so it's probably Nebraska, although California is geographically closer.

Well in the new world I think California as Nebraska and Texas are now officially out of the loop

YMMV

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Yodrak Veteran

Yodrak   7

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Filed: Timeline
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devilette,

True. 10 yards for piling on, repeat the down.

Yodrak

devilette,

There is no fraud in getting married while in the USA as a tourist, or as any other type of non-immigrant.

Yodrak

You are fine to get married now, per your lawyer's advice. YOu had NO INTENT to marry when she arrived. Now you have intent. She leaves the country, comes back, KNOWING SHE WILL GET MARRIED, it's fraud. you cannot marry on a tourist visa IF YOU HAVE PRIOR INTENT.

.....

Yes, I already stood corrected, on page 1.

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featherB Proficient

featherB   1

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted
Thanks for the responses you guys. I know, I know, I need to consult more with the lawyer. The problem with that is I "know" it's gonna be unfriendly advise. This is so rough on a young relationship. We just wanna get married; I can't figure out why it's so complicated...

Unfortunately, I'm not seeing any way around getting her back to her country before we get married. I just need to figure out all my options from that point. I do not wish to commit visa fraud, and certainly don't want any unpleasant surprises in the future. But I can't accept the possibility of waiting (what is it, at least 7 months?), separated, for indefinite period of time until a K1 gets through.

On the bright side here... at least this is a choice the two of you get to make - many people don't have even that luxury! Right now you have her here, and it's perfectly legal and above-board for the two of you to marry and apply to adjust her status. Sure, it's a pain that she wouldn't be able to be return to her country for a while if you want to do it that way, but... at least the two of you'd get to be together in the meantime. Even if you apply for the K-1, she'd be able to wait out some of the process with you in the US, most likely...

Good luck, whichever way you do it! :)

2005 - We met

2006 - Filed I-129F

2007 - K-1 issued, moved to US, completed AOS (a busy year, immigration-wise)

2009 - Conditions lifted

2010 - Will be naturalising. Buh-bye, USCIS! smile.png

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pushbrk Grand Master

pushbrk   12,173

Posted
Filed: Other Country: China
 Timeline
Posted (edited)
You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

OK, let me clarify a little. She came to the US as a tourist, before I met her. I met her while she was here as a tourist. As far as I understand (I may be wrong), she can still leave and come back to the US until the current tourist visa expires. We're not talking about applying for a new visa yet.

You are correct. Devilette's statement is incomplete. It is only visa fraud to enter on a tourist visa intending to marry and stay and adjust status. Marrying isn't the problem. People do it on tourist visas frequently with intent BUT the foreigner goes home and waits for a CR1 or K3 visa before they reunite in the US.

As Yodrak said, your lawyer gave you that advice for a reason. If you chose not to follow it, the game changes ginormously.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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StillThePrettiest Experienced

StillThePrettiest   3

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

in devilette's defence, earlier posts were already talking about Adjustment of Status etc; I think it was pretty clear that it was a return-and-live situation rather than a return-and-then-leave-again ;)

061017001as.thumb.jpg

The Very Secret Diary of Legolas Son of Weenus - by Cassandra Claire

Day One: Went to Council of Elrond. Was prettiest person there. Agreed to follow some tiny little man to Mordor to throw ring into volcano. Very important mission - gold ring so tacky.

Day Six: Far too dark in Mines of Moria to brush hair properly. Am very afraid I am developing a tangle.

Orcs so silly.

Still the prettiest.

Day 35: Boromir dead. Very messy death, most unnecessary. Did get kissed by Aragorn as he expired. Does a guy have to get shot full of arrows around here to get any action? Boromir definitely not prettier than me. Cannot understand it. Am feeling a pout coming on.

Frodo off to Mordor with Sam. Tiny little men caring about each other, rather cute really.

Am quite sure Gimli fancies me. So unfair. He is waist height, so can see advantages there, but chunky braids and big helmet most off-putting. Foresee dark times ahead, very dark times.

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pushbrk Grand Master

pushbrk   12,173

Posted
Filed: Other Country: China
 Timeline
Posted
in devilette's defence, earlier posts were already talking about Adjustment of Status etc; I think it was pretty clear that it was a return-and-live situation rather than a return-and-then-leave-again ;)

It's nothing personal and nobody needs defending. The statement was not accurate as written. Not about people but correct information for people.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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StillThePrettiest Experienced

StillThePrettiest   3

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

I knew it was nothing personal, and I meant 'defence' in the linguistic sense; none of you were attacking her... I just think her reply suited the situation as it stood (though of course a clarification is also helpful); if ALL relevant details have to be included in ALL replies then the threads will quickly become longer than the guides ;)

just MHO ;)

061017001as.thumb.jpg

The Very Secret Diary of Legolas Son of Weenus - by Cassandra Claire

Day One: Went to Council of Elrond. Was prettiest person there. Agreed to follow some tiny little man to Mordor to throw ring into volcano. Very important mission - gold ring so tacky.

Day Six: Far too dark in Mines of Moria to brush hair properly. Am very afraid I am developing a tangle.

Orcs so silly.

Still the prettiest.

Day 35: Boromir dead. Very messy death, most unnecessary. Did get kissed by Aragorn as he expired. Does a guy have to get shot full of arrows around here to get any action? Boromir definitely not prettier than me. Cannot understand it. Am feeling a pout coming on.

Frodo off to Mordor with Sam. Tiny little men caring about each other, rather cute really.

Am quite sure Gimli fancies me. So unfair. He is waist height, so can see advantages there, but chunky braids and big helmet most off-putting. Foresee dark times ahead, very dark times.

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no name Grand Master

no name   1

Posted
Filed: Timeline
Posted (edited)
in devilette's defence, earlier posts were already talking about Adjustment of Status etc; I think it was pretty clear that it was a return-and-live situation rather than a return-and-then-leave-again ;)

It's nothing personal and nobody needs defending. The statement was not accurate as written. Not about people but correct information for people.

AND I STOOD CORRECTED ON PAGE 1!!!!!!!!!!!!! :blink: Read the whole thread before you correct me. :wacko:

Edited by devilette
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