American to Marry South African Fiance in U.S.

[abrandt 0]

Hello Forum:

I'm completely new to IMMIGRATION issues. Would really appreciate some pointers.

I reviewed 20 pages under K-1 Fiance(e) Visa Process & Procedures General Discussion... but did not find any postings

I met my fiance (SA) by introduction over the Internet.

Our plan is to have my fiance fly to the U.S. in mid-March (has a valid visitor VISA)... marry upon arrival... stay for 2-weeks... return to SA... and then return somewhere outside the U.S. for us to be together until all paperwork is in order to return.

1. Is this understanding correction?

My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S. Therefore my thinking is, we will have to live outside the U.S. for the duration of some 7-10 months until immigration papers are in order.

2. If the above assumption is correct:

Where would be the best place for me to live outside the U.S. within U.S. time zones that offers the following: 1) Safety for Americans; 2) Low cost of living; 3) Broadband availability so I can work and call U.S. companies reliably. Places that come to mind that are close are: Bahamas, parts of Mexico, Canada. ANY SPECIFIC PLACES YOU CAN RECOMMEND?

3. What immigration paperwork will I need to file after we are married?

I'm sure there are issues I am completely unaware of and should have asked ... so please feel free to comment openly.

THANK YOU in advance for all that I am going to learn here at VISAJourney.com!

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - I proposed and got a big "yes"

[wmikevelez 0]

Hello Forum:

I'm completely new to IMMIGRATION issues. Would really appreciate some pointers.

I reviewed 20 pages under K-1 Fiance(e) Visa Process & Procedures General Discussion... but did not find any postings

I met my fiance (SA) by introduction over the Internet.

Our plan is to have my fiance fly to the U.S. in mid-March (has a valid visitor VISA)... marry upon arrival... stay for 2-weeks... return to SA... and then return somewhere outside the U.S. for us to be together until all paperwork is in order to return.

1. Is this understanding correction?

My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S. Therefore my thinking is, we will have to live outside the U.S. for the duration of some 7-10 months until immigration papers are in order.

2. If the above assumption is correct:

Where would be the best place for me to live outside the U.S. within U.S. time zones that offers the following: 1) Safety for Americans; 2) Low cost of living; 3) Broadband availability so I can work and call U.S. companies reliably. Places that come to mind that are close are: Bahamas, parts of Mexico, Canada. ANY SPECIFIC PLACES YOU CAN RECOMMEND?

3. What immigration paperwork will I need to file after we are married?

I'm sure there are issues I am completely unaware of and should have asked ... so please feel free to comment openly.

THANK YOU in advance for all that I am going to learn here at VISAJourney.com!

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - I proposed and got a big "yes"

I am not 100% sure on this, but if you marry her on a visitors visa she may be able to stay in the US pending her adjustment of status, but if you do marry her and she leaves, you need the k3 visa not the k1

[Nich-Nick 3,353]

For her to enter on a tourist visa with the intent to marry already planned out and then not leave is considered fraud. If she marries and goes home, it's okay to marry on a tourist visa. If she says I'm coming to get married, they might not let her in because they won't believe she's not intending to stay.

She can visit during the K3 process. She just has to convince the officer at immigration that she is coming for a short visit and show strong ties to SA so they will believe she is going home. She can't stay long stays and go home a week and come back over and over. She can't spend more time in the US than in SA or they will get suspicious and not let her enter the country. She doesn't have to explain everything unless they ask.

It will also seem a little suspicious that you met for the first time and got married immediately when she interviews for the visa. A few visits back and forth might be a good thing before you jump off the deep end and marry. It sounds more real and not like a green card scam. She can apply for a fiance visa and maybe get to the US legally faster than on a marriage visa.

And if you move to a third country, how will you show a US income and domicile for the Affidavit of Support required to bring her to the US? Work out all those things before you move out of the US.

Have you read all the requirements listed on the Guides page found in the menu bar at the top of the page. Don't forget to look past the petition to what happens at her Embassy.

Edited January 18, 2009 by Nich-Nick

[indyprincess 0]

Hey...im not sure what the issues are for South Africa... but I work for an International Airline and there are soooooooooooooooooooooo many fraud cases of people meeting their finance's in South Africa... they send them all kinds of money and cash and then they wait for them to show up at airport and no one shows up and they are out money with a broken heart and a broken wallet.......

we must get about 3-4 calls daily from US citizens sponsoring fiance's ....

I dont know ur situation BUT consider this a warning because its heartbreaking to tell all these customers that no one is listed under the manifest under the given name........... by law we cant give passenger manifest info...but with saying it directly and feeling bad for the receiving party........... i usually give them a hint that basically they been scammed...........

take care.........

[Sylvia_n_Joseph 3]

I am sure no one is at the visa stage without having met their intended but anyone in Sub Sarahan is well aware of the romance scams from that region. Thank you for your concern

Hey...im not sure what the issues are for South Africa... but I work for an International Airline and there are soooooooooooooooooooooo many fraud cases of people meeting their finance's in South Africa... they send them all kinds of money and cash and then they wait for them to show up at airport and no one shows up and they are out money with a broken heart and a broken wallet.......

we must get about 3-4 calls daily from US citizens sponsoring fiance's ....

I dont know ur situation BUT consider this a warning because its heartbreaking to tell all these customers that no one is listed under the manifest under the given name........... by law we cant give passenger manifest info...but with saying it directly and feeling bad for the receiving party........... i usually give them a hint that basically they been scammed...........

take care.........

[pushbrk 12,177]

Hello Forum:

I'm completely new to IMMIGRATION issues. Would really appreciate some pointers.

I reviewed 20 pages under K-1 Fiance(e) Visa Process & Procedures General Discussion... but did not find any postings

I met my fiance (SA) by introduction over the Internet.

Our plan is to have my fiance fly to the U.S. in mid-March (has a valid visitor VISA)... marry upon arrival... stay for 2-weeks... return to SA... and then return somewhere outside the U.S. for us to be together until all paperwork is in order to return.

1. Is this understanding correction?

My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S. Therefore my thinking is, we will have to live outside the U.S. for the duration of some 7-10 months until immigration papers are in order.

2. If the above assumption is correct:

Where would be the best place for me to live outside the U.S. within U.S. time zones that offers the following: 1) Safety for Americans; 2) Low cost of living; 3) Broadband availability so I can work and call U.S. companies reliably. Places that come to mind that are close are: Bahamas, parts of Mexico, Canada. ANY SPECIFIC PLACES YOU CAN RECOMMEND?

3. What immigration paperwork will I need to file after we are married?

I'm sure there are issues I am completely unaware of and should have asked ... so please feel free to comment openly.

THANK YOU in advance for all that I am going to learn here at VISAJourney.com!

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - I proposed and got a big "yes"

The guides here will tell you about the immigration paperwork. Your plan is viable. She, in fact can visit the USA during the visa process if she can show ties to home but there is no assurance. You could check into Mexico, a Central American country or Canada as a temporary home for her if you wish.

[abrandt 0]

Hello Forum:

I appreciate your many diverse responses. Some addressed many issues or intentions OUTSIDE the parameters which I clearly stated... probably because so many people do it WRONG or have no INTENT to do it RIGHT from the start. WE DO intend to do it RIGHT THE FIRST TIME.

1. Our original thought was to have my fiance fly to the U.S. and visit me using her active

TOURIST VISA

(exp. 2011).

PERHAPS A

MORE PRACTICAL ALTERNATIVE

WOULD BE TO MEET OUTSIDE THE U.S. (Mexico, Bahamas, etc.)... fly in individually as tourists and meet-up at the airport??? Most practical, this be a place I can drive to from the U.S. and create a temporary residence... stay after my fiance leaves... place for her to return to with her kids... and wait out U.S. IMMIGRATION logistics until APPROVAL.

2. My fiance will be leaving her (2) teenage children in good hands with family & friends in SA to visit me for a limited 2-3 weeks... requiring the necessity to

RETURN

home to SA.

3. My fiance will bring

EVIDENCE OF INTENT TO RETURN

... substantiating clear intent NOT to remain in the U.S. : 1) her mortgage docs + 2) letter from family stating they expect her return on a set date, and 3) active bank accounts in SA. This is precedent upon meeting in the U.S.

(If Mexico or elsewhere, we're just tourists who get married!)

4. It is our desire to marry... honeymoon... and then

HONORABLY RETURN

to SA and take (2) weeks sell or rent her house, car, etc.

5. My fiance will then fly with her children to our

temporary residence

near but outside the U.S.A. where we can be together.

6. While in our temporary residence outside the U.S.,

I will continue my consulting work

calling U.S. companies to earn a living.

7. While in our temporary residence outside the U.S.,

we will navigate U.S. IMMIGRATION requirements

to legitimately acquire APPROVAL to enter the U.S.A.

indyprincess:

"I work for an International Airline and there are soooooooooooooooooooooo many

fraud cases

of people meeting their finance's in South Africa."

ANS:

Thank you for your concern.

Credibility

has been reciprocally addressed. Both my fiance and I are both devout Mormons, members of The Church of Jesus Christ of Latter Day Saints and we have provided the other with

reference contacts

to our respective Bishops (U.S.A and S.A.).

........................................

Sylvia_n_Joseph:

"... anyone in Sub Sarahan is well aware of the

romance scams

..."

ANS:

That's a 10-4

.

........................................

wmikevelez: "I am not 100% sure on this, but if you marry her on a visitors visa she may be able to stay in the US pending her adjustment of status, but if you do marry her and she leaves, you need the

k3 visa not the k1

."

INVITATION:

Specific recommendations and instructions

would sure be appreciated on this issue regarding our particular circumstances and plans.

........................................

Nich-Nick: "If she marries and goes home, it's okay to marry on a tourist visa. If she says I'm coming to get married, they might not let her in because they won't believe she's not intending to stay. How will you show a

US income and domicile

for the

Affidavit of Support

required to bring her to the US?"

ANS:

1) "Won't believe..." Thank you

See

EVIDENCE OF INTENT TO RETURN

above. 2) "... show a US income..."

I will be paid by ACH

by my merchant processors the same outside the U.S. as within the U.S. ... so "Reports of Income Earned" and bank statements will be available in either scenario for Affidavit of Support.

........................................

pushbrk: "The

guides

here will tell you about the

immigration paperwork

.

Your plan is viable

. She, in fact can visit the USA during the visa process if she can show ties to home but there is no assurance. You could check into Mexico, a Central American country or Canada as a temporary home for her if you wish."

ANS:

"

Viable

." Thank you.

Fiance will bring

EVIDENCE OF INTENT TO RETURN

of necessity to

RETURN

for her children and property.

........................................

PERHAPS A MORE PRACTICAL ALTERNATIVE WOULD BE TO MEET OUTSIDE THE U.S. (Mexico, Bahamas, etc.)... fly in individually as tourists and meet-up at the airport??? Most practical, this be a place I can drive to from the U.S. and create a temporary residence... stay after my fiance leaves... place for her to return to with her kids... and wait out U.S. IMMIGRATION logistics until APPROVAL.

RESOURCES FOUND:

http://www.virtualmex.com/general.htm

http://www.mexicolive.com/tourismsites.php

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes"

01/17/09 - posted request for help at VISAJourney.com

[Nich-Nick 3,353]

It looks like you've done your homework and have all the pitfalls worked out. Sorry you didn't think people addressed your questions. Just to try a more straightforward answer to your #1 question.

1. Is this understanding correction? My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S.

Your understanding is not correct. She can return to visit while waiting on immigration paperwork. There is no rule that states you can not visit the US once you apply for a visa. They do not have a record of who has applied for visas at the airport immigration stations. I asked this question to two different Customs and Border Protection officers...one at the national info line and one at the Houston airport.

You might want to look at the timeline statistics here on VJ if you haven't seen them yet. http://www.visajourney.com/timeline/

Look in the right column under Approximate Processing Dates for Common Forms: You will notice that fiance visas are currently processing about two months ahead of marriage visas, so if getting her to the US maybe two months faster is of interest to you, then you could consider a K1. If staying under the same roof during visits is out because of your religion, then I can see why you choose the slightly slower (statistically) marriage visa route.

Edited January 19, 2009 by Nich-Nick

[pushbrk 12,177]

It looks like you've done your homework and have all the pitfalls worked out. Sorry you didn't think people addressed your questions. Just to try a more straightforward answer to your #1 question.

1. Is this understanding correction? My fiance will not be allowed to return to the U.S. once married to me and leaves... until all immigration papers are approved for a marriage visa allowing her return to the U.S.

Your understanding is not correct. She can return to visit while waiting on immigration paperwork. There is no rule that states you can not visit the US once you apply for a visa. They do not have a record of who has applied for visas at the airport immigration stations. I asked this question to two different Customs and Border Protection officers...one at the national info line and one at the Houston airport.

You might want to look at the timeline statistics here on VJ if you haven't seen them yet. http://www.visajourney.com/timeline/

Look in the right column under Approximate Processing Dates for Common Forms: You will notice that fiance visas are currently processing about two months ahead of marriage visas, so if getting her to the US maybe two months faster is of interest to you, then you could consider a K1. If staying under the same roof during visits is out because of your religion, then I can see why you choose the slightly slower (statistically) marriage visa route.

A couple things for clarity. The bold above, "apply for a visa" is not correct. It should read "once a visa petition has been filed in your behalf". Since actual visas are applied for much later, near the interview date, it is wise to remain in the country where the interview will take place between the time the visa is applied for and received. For a K visa, that's generally a matter of days. For CR1 and IR1 a matter of weeks. We really need to avoid interchanging the terms "apply for a visa" and "file a petition" as their meaning is vastly different.

Another clarification is that this is not a K1 case. The intending immigrant will be married before any petition is filed.

Issues with "residence" in a third country (neither petitioner or beneficiary's country of citizenship) will involve the immigration laws of the third country and will require research elsewhere. Some of our Canadian members can probably steer the OP in the right direction on researching Canada immigration issues. The case is complicated somewhat by the need of schooling a 15 year old English speaking child.

The couple will want to have a residence solution in place to cover the duration before filing a petition, so that they can make clear at which Consulate they wish the interview to take place. Unless the beneficiary wants to travel back to SA for a month or so for a medical and interview, K3 would be out of the picture.

Edited January 19, 2009 by pushbrk

[abrandt 0]

Hello Nich-Nick & pushbrk:

Thank you sincerely for taking the time to carefully review the issues I have detailed and responding with concise & sharp answers.

I will get back within the next 2-hours to respond in detail.

Thank you again!!!

[abrandt 0]

Hello Nich-Nick & pushbrk:

Thank you again for clear and straight forward responses.

At your recommendation, I just finished reviewing Direct Consular Filing at http://www.visajourney.com/forums/index.ph...mp;page=compare.

In this circumstance, the U.S. citizen

marries the foreign fiance

(either in the foreign fiance's country, in the US, or in a third country...the

location does not matter

as long as it is a

legal marriage

) and

applies DIRECTLY through the foreign U.S. consulate

for the

spousal visa

.

U.S. consulates typically will only do this for US citizens who are

residents

, however

if you do qualify

, it can be the

quickest route

,

depending on their wait time for the interview

.

Contact

your

respective Consulate

to

determine if this option is valid

.

On the surface, depending on their wait time for the interview at the closest location, this would appear to be the 1st option to pursue.

1. Is my thinking here correct regarding the potential efficacy a Direct Consular Filing???

2. I am going to explore the immigration rules of both Canada and Mexico to see if we can find a suitable opportunity to live outside the U.S. for 6 to 10 months while we are processing our U.S. immigration paperwork.

If

Direct Consular Filing

turns out to be a viable option, then this could considerably shorten the legitimate immigration waiting period.

Any comments or recommendations would be greatly appreciated!!!

Have a wonderful day!

[pushbrk 12,177]

Hello Nich-Nick & pushbrk:

Thank you again for clear and straight forward responses.

At your recommendation, I just finished reviewing Direct Consular Filing at

http://www.visajourney.com/forums/index.ph...mp;page=compare.

In this circumstance, the U.S. citizen

marries the foreign fiance

(either in the foreign fiance's country, in the US, or in a third country...the

location does not matter

as long as it is a

legal marriage

) and

applies DIRECTLY through the foreign U.S. consulate

for the

spousal visa

.

U.S. consulates typically will only do this for US citizens who are

residents

, however

if you do qualify

, it can be the

quickest route

,

depending on their wait time for the interview

.

Contact

your

respective Consulate

to

determine if this option is valid

.

On the surface, depending on their wait time for the interview at the closest location, this would appear to be the 1st option to pursue.

1. Is my thinking here correct regarding the potential efficacy a Direct Consular Filing???

2. I am going to explore the immigration rules of both Canada and Mexico to see if we can find a suitable opportunity to live outside the U.S. for 6 to 10 months while we are processing our U.S. immigration paperwork.

If

Direct Consular Filing

turns out to be a viable option, then this could considerably shorten the legitimate immigration waiting period.

Any comments or recommendations would be greatly appreciated!!!

Have a wonderful day!

Catch 22. Generally the requirement is that the US Citizen be a legal resident for six months, to qualify to file DCF. As such you would need to delay filing by six months, wiping out any potential time savings. People tend to ignore that basic arithmetic when making such a recommendation.

[msu17 0]

Yes, DCF is often the fastest route if you qualify. Each consulate has different rules regarding when they let people file for this option. You need to look into what it takes for you to move and get valid residency in SA or a 3rd country and then look into how long you will have to wait before they let you file DCF (a lot are 6 months or so) and how long that wait is to see if it makes sense time-wise

[Kathryn41 3,205]

Anyone who not a Canadian wishing to live in Canada needs to be approved for Temporary or Permanent Residence and have legal immigration documentation issued by Canadian Immigration and Citizenship. Canada offers Temporary residence for student and work visas both of which have stringent requirements. Permanent residence is based upon a point system which is also pretty stringent. Visiting Canada is allowed, but you are not allowed to live in Canada as a visitor nor would you be allowed to access the US Consulate for immigration processes unless you are legally resident in Canada. You can read up on Canadian immigration requirements here: http://www.cic.gc.ca

[abrandt 0]

Hello pushbrk, msu17 and Kathryn41:

Thank you for making me aware of pertinent details not disclosed at:

Direct Consular Filing

http://www.visajourney.com/forums/index.ph...mp;page=compare

.

Outside of my fiance coming to visit me in the U.S. ... marrying here... returning in 2-3 weeks to SA... later visiting together from time to time (U.S. or elsewhere)... and waiting 8 to 10 months for U.S. Immigration paperwork for U.S. permanent residence... are there any other viable options???

Thanks much in advance

--------------------

Our Timeline

10/03/08 - met on Internet

12/11/08 - proposed to fiance and got a big "yes" smile.gif

01/17/09 - posted request for help at VISAJourney.com