korswe

Hello! Thank you for helping to answer some of my questions in the past. I was hoping to get some feedback regarding my situation. Here are the facts:

I am a US citizen, and my wife is a Swedish citizen. We recently got married in California while she was on a 90-day tourist visa. Before her tourist visa ran out, she went back to Sweden to finish out the last semester of her college program. I will moving temporarily to Sweden in a couple of weeks to be with my wife (The Swedish government issued a permanent residence visa to me based on familial status). My wife has applied to some year-long graduate programs in the US, and it looks like she will be accepted to quite a few, so she will receive a F1 student visa sometime in July, at which time both of us will move to the US.

We are both young and do not know where we are going to settle down after graduate school. We could settle down here in the US or in Sweden. Since K3 allows her to travel in and out of the US for two years upon issuance (or entry?), wouldn't it make sense to apply for a K3 visa while she is here in the states on a F1 visa? Is this even allowed? If it looked like we are going to end up settling here, then I would hate to have her adjust her F1 status to AOS and deal with potential complications with the INS. Moreover, I think that some schools discourages this practice.

In summary, is it permissible to apply for a K3 while my wife is here on F1 OR should we just start the K3 process now notwithstanding the F1 issuance?

I hope I have been clear in asking the right question.

Thanks you!

~JM

Does the same rule for visiting while K1 visa is pending apply to my case? That is, as long as I can show that I do intend to go back home (e.g., morgage payment, schedule of classes, other incumbrances that would require me to go back...), I can visit while a visa process is pending. Is this a good assumption?

Hello! I have a question about entering the U.S. before a non-immigration visa (J1 or F1) issues.

I plan to apply for a F1 or J1 visa. As the F1 or J1 visa is pending, I want to visit the US for a month and THEN go back to my country (visa-waiver program country) to wait for the F1 or J1 to issue. After the F1 or J1 issues, I would like to come into the U.S. until my educational program ends. So, the issue is can I visit the US and go back before the F1 or J1 issues?

Apply for F1 or J1---------------->visit the US---------->after one month, go back to my country--------->F1 or J1 visa issues--------->come in under J1 or F1 visa.

I don't see any problem with this, because I'm not trying to adjust my status while I'm in the US.

Thanks for the help! You guys are awesome!

Hello to all.

If a european citizen enters the US as a visitor (visa waiver program), then could she obtain a temporary work permit at JFK point-of-entry? She is looking to work for 10 weeks while she's visiting the US.

Thank you!

I think that's called visa fraud.

That's what I wanted to find out. We do not intend to commit visa fraud. She will not work while she's here. Thanks!

No..... visitors are not allowed to work while visiting the USA....

Kez

Thank you for a quick reply!

Hello to all.

If a european citizen enters the US as a visitor (visa waiver program), then could she obtain a temporary work permit at JFK point-of-entry? She is looking to work for 10 weeks while she's visiting the US.

Thank you!

You can try, but it sure looks like she does not qualify.

Social Security Number (SSN) is a unique number issued to US citizens, Permanent Residents, and to certain foreign nationals who meet the eligibility criteria

Thank you all! I got the answer that I've been looking for. You don't need a SS number to get private health insurance. Awesome. You guys are fast! Keep up the good work!

That makes good sense. Then, would she be able to get a SS card just after getting married? I looked over the application for a social security card, and it said that as long as an "immigrant" has a I94 or better and a valid foreign passport, it will issue one that isn't allowed for work. I just need to get her a SS number so that I could add her to my health insurance plan.

She's doesn't have immigrant status as a visitor.

Maybe someone more knowledgable can chime in as well if there's some sort of loophole.

I agree that a visitor does not have an immigration status. Nonetheless, a visitor is entitled to a social security card (Non employment) according to this form: http://www.ssa.gov/online/ss-5.pdf

One other thought you should consider -- you are planning an awful lot. You should know that with immigration, all kinds of things happen - delays, denials, problems, etc. and it is STRONGLY recommended that you make NO plans until you have a visa in hand.

Good advice for some, but my situation is pretty cut and dry. I don't think a delay or problems hurts our case cos we'll just stay and live in Sweden until the K3 visa clears. There will not be a denial - I promise you that. I am federal employ without a single criminal record. US doesn't have an "immigration policy" against Sweden.

Do you mean she is going to enter on a K1? If so, yes, she can get her SSN about two weeks later. If she is entering on a visitor visa, no, she cannot get a SSN or work.

Not all health insurance companies require a SSN, but most require that you are married before they will cover someone.

Are you sure, because according to the Application for Social Security Card, it does not preclude a I94 (visitor) from getting a card for nonworkers. That's ok with us cos she doesn't have to work for a while.

That makes good sense. Then, would she be able to get a SS card just after getting married? I looked over the application for a social security card, and it said that as long as an "immigrant" has a I94 or better and a valid foreign passport, it will issue one that isn't allowed for work. I just need to get her a SS number so that I could add her to my health insurance plan.

I forgot to mention that I have a home in the States and can have my mail picked up by my brother and send to me in Sweden, so I guess this is ok during the K3 process.

Hi, folks. I have a hypothetical question. Let's say that my swedish fiance comes here as a visitor with a JFK point of entry, where she'll get her I94 card with a EAD stamp on her passport. Would it be possible for her to apply and get a social security card within two weeks of her arrival?

The reason I ask is because I want to add her to my health insurance, which I believe requires her to have a social security number. We plan to have children in the States someday, and it would be nice to have coverage during and after her pregnancy.

Here is the timeline:

Dec 27 2006 - fiance's entry into the US as a visitor - I94 with EAD stamp

(Should she apply for a SS card here?)

Jan 12 2007 - legal marriage

(How about here? would this allow us to get her name changed?)

Late Jan 2007 - Apply for K3 visa while she's here living with me. Get her on my health insurance plan.

Feb 26 2007 - Until K3 issues, she and I move to Sweden - where health care is free. Try to conceive a baby late that year.

Early 2008 - Before the end of the 1st trimester, we move back to US (I'm a US citizen and she'll be a K3 visa holder) and apply for AOS and EAD.

Any suggestions or comments? I would appreciate it.

Hi, to all. I was wondering after a K1 visa issues, can my fiance take a month or two before coming into the states? She has to finish up school. Thanks for your help!

me - U.S. citizen

fiance - Swedish citizen

The expiration date will be noted on the visa itself (6 mos.)

Wow! You guys are fast! Thank you for the help.

Hi, to all. I was wondering after a K1 visa issues, can my fiance take a month or two before coming into the states? She has to finish up school. Thanks for your help!

me - U.S. citizen

fiance - Swedish citizen

No, it is not illegal to come to the US with the intend to marry. IF that was the case, all those couples getting married in Las Vegas would be illegal. The illegal part is to stay in the US after that and NOT going back to your home country to apply for K3. You are completely eligible for a K3. The only thing is that it would delay you two being together for a while but since you said that she has some exams etc. to do anyway...you should be fine and just go ahead, plan your wedding, apply for K3 and have a happy life togehter. Good luck.

Tremendous! K3 visa seems to be the better option for our situation given that my fiance has to go back to finish up school. I'm a firm believer in logic winning out over time. I appreciate all of you! Thank you.

Thank you all for your invaluable input. Can you elaborate on the K3 as it would apply to us? I was under the impression that it is illegal to come into the US as a vistor with an intent to marry. It would be hard to explain in an interview that we lacked the intent when there would be only a week between the time she steps onto the US soil and us getting married. Maybe we could make up a story like I met her in Vegas playing craps. I don't know. Hypothetically, my fiance can visit me here in the States and we could go to Vegas or a family court to get married, but wouldn't we be breaking an immigration law? After we get married on a visitors visa and she goes back to Sweden, how could I file a K3 visa knowing that we did intend to get married without going through the process?

People break laws everyday - jaywalking or spitting on sidewalks, not to mention fornication (which is so outdated just like any Sabbath laws and which I'm guilty of). The difference here is that the INS (nevermind what it calls itself nowadays to sound more generic to get out of the limelight) has known to make the immigration process as s-l-o-w as possible. I don't want to make the process any slower than what it already is.

Hi, folks! I'm so glad that I came across this message board. With some helpful advice, I applied it to our situation. If you have the patience and knowledge, I would appreciate your input. Here is our story (Note: I'm not married as the title suggests - We are engaged):

1. My fiance, a Swedish citizen, and I, US citizen, are planning to get married next January. We been dating for more than a year. I met her while I was an exchange student in Sweden. We moved in together for two months before I had to go back to the States to finish up school. Since then, she has visited me here in LA and lived with me for a month before going back to Sweden for school.

2. Like most EU citizens, Swedish citizens do not need to obtain a visa to visit the US, but cannot overstay their visits (no more than 90 days at a time I think).

3. We do not want to break any immigration laws, so we will pursue a K1 fiance visa

4. In January 2008, we are planning to have a big wedding in Los Angeles with her friends and family (all 50+ of them) flying here, and of course my big family will be there.

Here is where the facts get complicated:

5. Two months after the wedding, my fiance needs to go back to Sweden to finish up and defend her master's thesis. She'll be done by May 2008, at which time she'll come back to live with me in the States for good.

The main issue is how to time K1 process, her going back, and filing for an Adjustment of Status (AOS) with the INS.

Here is our plan:

1. July 2007 - Apply for a K1 fiance visa. From what I could gather, it takes about nine months the whole process (me turning in forms, the US embassy in Sweden getting her forms, her conducting an interview, etc.)

1. January 2008 - Have a family wedding in January 2008 in Los Angeles without signing a marriage license. It'll be just like a normal wedding, but without the minister signing anything. We won't even apply for a marriage license. From what we could gather, one needs to apply for a marriage license and marry within 30 days for the license to be valid. If there is no marriage license, then there is no legal marriage. We think that this is a good compromise between having a grand wedding for the families and friends and not jeopardizing her going back and reentering.

2. Late February 2008 - She goes back to finish school.

3. She waits in Sweden to get her interview within the US embassy in Stockholm, Sweden. After the K1 issues, she comes here hopefully within a month after the interview.

5. When she comes here on a K1 visa, we get married officially in Minnesota at a court house. I plan to go back to Minnesota anyways for job reasons, and from what I've heard MN is immigration-friendly. For example, she wouldn't need a special visa or a green card to get a driver's license in MN. All she needs is her passport and her foreign-born birth certificate. In contrast, CA requires a special visa (e.g., H1 visa) or a green card to get a driver's license! That's crazy, because presumably someone could be without a driver's license for more than a year in Los Angeles! You can't get anywhere in and around LA without driving. It would be unfair to her for having to depend on me to drive her to places all the time. If I put myself in her shoes, I would go insane!

6. With the marriage certificate in hand, she files for an AOS in hopes that she'll be granted a status of permanent resident within a year. This is important to us, because we intend to live in the US nine months out of the year and the rest in Sweden.

Any advice or suggestions on our plan on the timing issue? What is the likely wait between filing an AOS and getting a permanent residency for MN residents? Thank you for your help.