Questions!

[TannerRod94 0]

Good morning/afternoon/evening all!

 

I wanted to know a few things. My fiancé is currently in the UK and we are engaged. She has visited me once here in the US  and I have visited her once UK and I proposed when I was there last on our 1 year anniversary.

I know she's the one and want here to be here for good. I want to know what we could do to make the process to getting her here more permanently.  She has a valid ESTA still and we were thinking she could come in December and just stay while we wait for K-1 visa to process.

 

So my main questions are these:

 

1. Can we get married when she comes and visits in December on here ESTA again? 

2. Once married could we apply for a green card off the ESTA visa? (Adjustment of status)

3. If not, could she still come and live with me for 3 months (90 days on ESTA) while we figure things out?

4. If we start the K-1 visa process is she allowed to come and visit before it gets approved?

5. Would it be smart to get a lawyer? (Recommendations very welcome) 

6. Any other extra info or clarity is welcome, if it helps, I'm in Texas.


We are just a couple that is tired of the gap..... Please let me know what needs to be done!

[Crazy Cat 39,742]

7 minutes ago, TannerRod94 said:

Good morning/afternoon/evening all!

 

I wanted to know a few things. My fiancé is currently in the UK and we are engaged. She has visited me once here in the US  and I have visited her once UK and I proposed when I was there last on our 1 year anniversary.

I know she's the one and want here to be here for good. I want to know what we could do to make the process to getting her here more permanently.  She has a valid ESTA still and we were thinking she could come in December and just stay while we wait for K-1 visa to process.

 

So my main questions are these:

 

1. Can we get married when she comes and visits in December on here ESTA again? 

2. Once married could we apply for a green card off the ESTA visa? (Adjustment of status)

3. If not, could she still come and live with me for 3 months (90 days on ESTA) while we figure things out?

4. If we start the K-1 visa process is she allowed to come and visit before it gets approved?

5. Would it be smart to get a lawyer? (Recommendations very welcome) 

6. Any other extra info or clarity is welcome, if it helps, I'm in Texas.


We are just a couple that is tired of the gap..... Please let me know what needs to be done!

It is visa fraud to enter the US as a visitor with the intent to stay and adjust status.  Don't do it.  Visiting during the legal process is allowed at the discretion of CBP.  I would opt for a spousal visa rather than a K-1.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

 

 

 

Edited August 2, 2022 by Crazy Cat

[Verrou 1,901]

1. you can get married anywhere you want but.... ( see no 2)

2. she cant wait in US while doing AOS ( thats fraud )

3. what she can do is get married in US, and leave....and you can file spouse visa while shes waiting OUTSIDE US

4. fiance visa means u are not married yet, or spouse visa, u already married. so pick and choose.

5. lawyer its up to u. if u are meticulous, willing to do research and read a lot, u dont need a lawyer. but again everyone arent the same. if u comfortable with lawyer, then hire one.  

 

Edited August 2, 2022 by Misscloud

[Mike E 11,727]

Get married now using Utah zoom marriage.  This is a useful thread, 

After you meet in person (to legally consummate the marriage for immigration purposes) start the immigration process: 

This way you will be married longer and thus the immigrant will be more likely to qualify  for a 10 year green card  simply by timing the visa process and entry into the USA on visa to be 2 or more years after the date of the Utah wedding.  You do not want to end up in I-751 hell.  

 

[TannerRod94 0]

2 hours ago, Mike E said:

Get married now using Utah zoom marriage.  This is a useful thread, 

After you meet in person (to legally consummate the marriage for immigration purposes) start the immigration process: 

This way you will be married longer and thus the immigrant will be more likely to qualify  for a 10 year green card  simply by timing the visa process and entry into the USA on visa to be 2 or more years after the date of the Utah wedding.  You do not want to end up in I-751 hell.  

 

After looking at different outcomes it seems like doing the CR-1 may be the better option. 

So your suggesting, getting married via this online Utah marriage. She come in December to consummate the marriage. Then we can start the CR-1 application process correct? Will she be able to stay for a little while at least while processing? (Considering the ESTA is good for 90 days at a time as well.) Or does she need to go back immediately for the process to start? 

[Mike E 11,727]

28 minutes ago, TannerRod94 said:

 So your suggesting, getting married via this online Utah marriage.

Yes. This week.  

28 minutes ago, TannerRod94 said:

 

She come in December to consummate the marriage. Then we can start the CR-1 application process correct?

Yes.  

28 minutes ago, TannerRod94 said:

 

Will she be able to stay for a little while at least while processing? (Considering the ESTA is good for 90 days at a time as well.) Or does she need to go back immediately for the process to start? 

She can stay until the end of her authorized stay but if she uses the full 90 days future visits might be more difficult. 
 

Once I-130 is approved, wait until the 18th month anniversary of your marriage to file DS-260.  The visa will likely expire 6 months after the medical exam, and the medical exam occurs between DS-260 and the consular interview. 18 + 6 = 24.  She will able to time her entry until after your 24 month marriage anniversary with plenty of slack left to use the immigration visa in case of a mishap such as another round of pandemic restrictions 

[TannerRod94 0]

2 hours ago, Mike E said:

Yes. This week.  

Yes.  

She can stay until the end of her authorized stay but if she uses the full 90 days future visits might be more difficult. 
 

Once I-130 is approved, wait until the 18th month anniversary of your marriage to file DS-260.  The visa will likely expire 6 months after the medical exam, and the medical exam occurs between DS-260 and the consular interview. 18 + 6 = 24.  She will able to time her entry until after your 24 month marriage anniversary with plenty of slack left to use the immigration visa in case of a mishap such as another round of pandemic restrictions 

Okay, so Virtual marriage.
She comes in December and we consummate here in Texas.

She can stay for lets just say a month. 

She goes back and we wait till the I-130 is approved for her to move back over?

[Mike E 11,727]

14 minutes ago, TannerRod94 said:

Okay, so Virtual marriage.
She comes in December and we consummate here in Texas.

She can stay for lets just say a month. 

She goes back and we wait till the I-130 is approved for her to move back over?

She will need an immigration visa.  
 

 

[TannerRod94 0]

35 minutes ago, Mike E said:

She will need an immigration visa.  
 

 

Okay, so we file the CR-1 after the I-130 is approved?

[Lil bear 3,866]

30 minutes ago, TannerRod94 said:

Okay, so we file the CR-1 after the I-130 is approved?

The I130 is the first step of applying for a spouse visa.. CR/IR 1. After the approval of the I130 petition, it is sent to the National Visa Center(NVC) as the second step .. the DS260 form is the first of many requirements at the NVC stage. You would do well to read thoroughly the guides on this website as well as the USCIS and DOS site below

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html

[Mike E 11,727]

1 hour ago, TannerRod94 said:

Okay, so we file the CR-1 after the I-130 is approved?

There is a process that is documented in link that you need to follow.  

[Chancy 6,233]

*** Moved from K1 Progress Reports to What Visa Do I Need -- OP hasn't filed any petition yet and is considering options ***

 

7 hours ago, TannerRod94 said:

So your suggesting, getting married via this online Utah marriage. She come in December to consummate the marriage.

 

Or you two can just get married the usual way when she visits you in the US.  You cannot file the I-130 petition anyway until after getting married AND meeting again in person.  Then she returns to the UK before her 90 days are up, to pursue a spouse visa.  She can visit again during the process, subject to the usual CBP inspection.

 

[TannerRod94 0]

4 minutes ago, Chancy said:

*** Moved from K1 Progress Reports to What Visa Do I Need -- OP hasn't filed any petition yet and is considering options ***

 

 

Or you two can just get married the usual way when she visits you in the US.  You cannot file the I-130 petition anyway until after getting married AND meeting again in person.  Then she returns to the UK before her 90 days are up, to pursue a spouse visa.  She can visit again during the process, subject to the usual CBP inspection.

 

Okay, we may try that route then.

May make more sense to just wait till she comes in December and we legally get married here in Texas.

So once we are married she legally must go back to the UK  and apply for the spousal visa? 
Do people still use the K-3 or is the CR-1 better at this point in time?

[Chancy 6,233]

2 minutes ago, TannerRod94 said:

So once we are married she legally must go back to the UK  and apply for the spousal visa? 
Do people still use the K-3 or is the CR-1 better at this point in time?

 

Marriage to a US citizen does not grant immigration status, so yes, she must go back to the UK before her 90 days are up.  Follow the process in the DOS page linked above by @Lil bear

 

CR1 is the correct visa type.  K3 is effectively obsolete, and even if you get lucky, it is a non-immigrant visa that will not grant resident status to your spouse-to-be after US entry.

 

[SalishSea 16,945]

9 hours ago, TannerRod94 said:

Okay, so Virtual marriage.
She comes in December and we consummate here in Texas.

She can stay for lets just say a month. 

She goes back and we wait till the I-130 is approved for her to move back over?

Petition approval is only part of the process.  Entire process takes around two years.