Newly Wed GC

[Ramsis]

Once i get my Citizenship and marry my fiance overseas. I wanted to be able to bring her with me after the wedding and avoid having her wait over there for a visa and leaving her waiting for it by herself over there.

So i want to know what is the best way for me to get that done or in other words fastest way for her to get a visa. Should she apply for a tourist visa then we apply for GC from the US. Or is it better if we try to apply for K3 visa at the US embassy over there after we obtain the marriage certificate?

thank you

[elcupacabras]

You 'cant' just go over, get married and then bring your spouse right back with you. US immigration doesnt work that way.
The easiest thing for you to do once you have your US citizenship, is to apply for the fiance visa as you can apply for that immediately after you become a US citizen. Your partner will then be able to come to the US approx 6-8 months later, marry you and then stay. If you go to your partners country and get married, in order for her to join you in the states is to apply for either the K3 or CR1/IR1 visa.

If your partner comes to the states, gets married to you and then attempts to adjust status (obtain a greencard), then this is classed as visa fraud as you have shown clear intent that you may go this route. The result could be the deportation and a ban from entering the states in the near future. Therefore I can not stress how important it is to obtain the relevant visa first before your partner attempts to enter the States and adjust status.

[Ramsis]

I know it is not that simple, that is not what i meant by it. however, if my wife applies for a tourist visa then she applies for a GC from the states that is considered fraud? if so i am glad i asked .

1- If we HAVE to get married at my partner's country, then the only way is to apply for the k3 or CR1/IR1 visa and wait right?

2- How long is the average wait for that visa?

Be advised that in that country people can get married on paper 1st (civil or by court that is) and get the marriage certificate before the wedding ceremony. So i was thinking about applying for her visa when i receive our marriage certificate and do the wedding after she receives the visa. That is why i like to know how long we are looking at. As you know scheduling a wedding is a big thing and we don't want to schedule a wedding and then do it and she still does not have the visa and i end up coming back here without her.

I was thinking about going overthere get married on paper and do the wedding a year after or so depending on how long the visa takes. I hope that helps clarify my case.

[trialanderror83]

She can come on vacation and stay. When you get your citizenship(which looks like very soon) apply for her PR status. You will avoid the fees and wait that come with the K visa. This will be the fastest way. She entered with inspection, you will be a US citizen period!


Married to US Citizen November 11, 2006.
Re-date for I-485, I-130, I-765, 12-11-06
NOA- I-485, I-130, I-765- 12-14
RFE I-485- 12-26
Biometrics(code 3)- done 01-29-07
RFE Received- 02-07-07
LUD I-765 - 02-23-07
Lud I-765 - 02-27-06 APPROVED!
ND- Interview(Tampa), 02-16-07
Interview Date - 03-20-07
LUD- I-485, I-130, 03-01-07
Interview- 03-20-07-APPROVED!!!
LUD I-130 Approved 03-20-07!!!
LUD I-485 Welcome notice sent, Card production ordered 03-23-07
LUD- Welcome notice received 03-27-07
LUD- I485 Approval notice mailed 03-28-07!!!
03-30-07 GC received!
106 days in all.

[elcupacabras]

While it 'is' possible to come over on a tourist visa and stay, there is no guarantee that the PR status will be approved. If intent is there already, and you enter the US and attempt to adjust status, then it is classed as fraud.

The K visas were created for a reason....to encourage someone to attempt to circumvent immigration laws in this way is very irresponsible. There is a possibility that AOS could be denied and his partner get deported and banned from the states...just because other people have success stories from going this route, doesnt mean everyone will have a happy ending.

[Triple Citizen]

What country would this be?

Originally Posted by Ramsis

Be advised that in that country people can get married on paper 1st (civil or by court that is) and get the marriage certificate before the wedding ceremony.

[Ramsis]

Originally Posted by Triple Citizen

What country would this be?

Egypt,and the period between the 2 steps are up to the couple. That is why its ideal for me to do the marriage on paper and use the marriage certificate to apply for her K visa and we can do the wedding after it arrives. I just would like to know how much time should we be looking at for that visa.

[Triple Citizen]

For a K-3, I would expect a 6-8 month turnover.

Originally Posted by Ramsis

Egypt,and the period between the 2 steps are up to the couple. That is why its ideal for me to do the marriage on paper and use the marriage certificate to apply for her K visa and we can do the wedding after it arrives. I just would like to know how much time should we be looking at for that visa.

[Ramsis]

Originally Posted by Triple Citizen

For a K-3, I would expect a 6-8 month turnover.

that would be ideal for me because we were hoping we can get married in May 2009 then do the ceremony March 2010. Because she can not leave Egypt before March 2010 because of her college anyways.

[elcupacabras]

Thats excellent Ramsis. Im glad the timing works out well for you (though just be prepared that sometimes some people take longer than others to get approved therefore its always best to have a 'flexible' wedding ceremony date just incase yours takes a little longer than usual).

Anyway. Heres a step by step guide of how to apply for a K3 when the time comes.
http://www.visajourney.com/forums/in...m&page=k3guide

[trialanderror83]

Originally Posted by elcupacabras

While it 'is' possible to come over on a tourist visa and stay, there is no guarantee that the PR status will be approved. If intent is there already, and you enter the US and attempt to adjust status, then it is classed as fraud.

The K visas were created for a reason....to encourage someone to attempt to circumvent immigration laws in this way is very irresponsible. There is a possibility that AOS could be denied and his partner get deported and banned from the states...just because other people have success stories from going this route, doesnt mean everyone will have a happy ending.

She will be fine if she enters with inspection. There is no guarentee that she can AOS with K visa. They are no guarentees in life.

I don't encourage anyone on here my friend, this is a public forum he will do what he wants.

[Ramsis]

What do you mean when you say that she can enter with inspection?

I would like to know all ways possible because that will help me decide how far apart the marriage ceremony will be from the day we get married on paper. thanx

[elcupacabras]

What 'enters with inspection' means is that your fiance would enter the US legally (ie- via immigration when she gets off the plane) as opposed to 'entering without inspection' (crossing the border illeagally/border hopping).

Many people have gone this route...entered the US on a toursit visa, married their partner then attempted to adjust status. This is fine so long as you can prove that the marriage happened as a 'spur of the moment' decision, and was not planned before US entry. To plan to marry a US citizen and then stay in the US before you enter is classed as visa fraud.

Trialanderror83 is right that K visa holders can be refused AOS (though highly unlikely unless of course the relationship is not legit), though as someone who comes on a tourist and then goes through AOS will find themselves under greater scrunity, and a denial of AOS results in deportion and a bar from the US. Just because you have entered with inspection does not mean everything is fine.