GC and marriage experience needed

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dima2ooo

Registered Users (C)
I've recently become a citizen and I've been seeing someone who is in the country on a tourist visa. We are considering marriage, but I am not clear what my options are. It seems we can 1. marry in the U.S. and apply for her GC based on this marriage, 2. get married in the home country and apply for GC based on that, 3. apply for a fiance visa for her after she gets back to her home country.

I need some advice on which route to chose. In particular, how long each one takes and what are the costs involved? Also, what are the potential pitfalls for each?

Our goal is to get her a permanent legal status in the U.S. and work permit ASAP.
 
Well, if she came here as tourist she had to declare that she was not an intending immigrant so marrying and then immediately filing for adjustment is problematic at best.

You and she could marry now, file an I-130 immediately, then you could file an I-129F for a K-3, spouse visa then she could go aboad to get it and return. Ther is no fee for the I-129F if filed based on an I-130 filed by the same USC petitioner. Then she could file for adjustment when the I-130 is approved.

Ther may be other possibilities...

You could go abroad and marry and file the I-130 abroad and wait for the visa processing either together or her alone.
 
BigJoe5 said:
Well, if she came here as tourist she had to declare that she was not an intending immigrant so marrying and then immediately filing for adjustment is problematic at best.
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Good point.

BigJoe5 said:
You and she could marry now, file an I-130 immediately, then you could file an I-129F for a K-3, spouse visa then she could go aboad to get it and return. Ther is no fee for the I-129F if filed based on an I-130 filed by the same USC petitioner. Then she could file for adjustment when the I-130 is approved.
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Forgive me, I am a little lost in terminology here. If we get married in the U.S. and file an I-130 isn't that an intent to immigrate while she is still on a tourist visa?

Also, what's the timeframe for this route? At what point of I-130 processing can I-129F K-3 be filed and how long do they take before approval under this circumstances?
 
dima2ooo said:
Forgive me, I am a little lost in terminology here. If we get married in the U.S. and file an I-130 isn't that an intent to immigrate while she is still on a tourist visa?
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No, what they are concerned about is completing or attempting to complete the immigration process within the US. If she interviews for the GC or fiancee visa at a consulate, immigrant intent becomes a non-issue.

Also, what's the timeframe for this route? At what point of I-130 processing can I-129F K-3 be filed and how long do they take before approval under this circumstances?
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If you're going to marry first (instead of fiancee visa), don't bother with the I-129F/K-3, just go with the I-130. After I-130 approval and a successful consular interview she would get an immigrant visa in her passport. Upon admission with the visa she would immediately become a permanent resident.

Whereas with K1 or K3, she would still have to file I-485 and other paperwork after entering the US, and do another interview to complete the GC process.

However, K1 has the advantage in that it usually takes half the time (or less) to get the visa as the K3 or I-130 route. So even though there will be more paperwork and process after entering the US with the K1, it brings her back to the US more quickly. You can file for the K1 while she is still in the US, and then she can continue to stay for the rest of her authorized B1/B2 status, and then go back to interview for the K1 in her home country; that would minimize the time she has to spend outside the US.
 
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Jackolantern, thanks for the K1, K2 and I-130 comparison.

Jackolantern said:
However, K1 has the advantage in that it usually takes half the time (or less) to get the visa as the K3 or I-130 route. So even though there will be more paperwork and process after entering the US with the K1, it brings her back to the US more quickly. You can file for the K1 while she is still in the US, and then she can continue to stay for the rest of her authorized B1/B2 status, and then go back to interview for the K1 in her home country; that would minimize the time she has to spend outside the US.
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How's the K1 route different in terms of steps to take? At what point does marriage come in and what forms are to be filed?
 
1. File for K1 using I-129F
2. K1 paperwork is processed and then forwarded to consulate in her country (this takes 2-6 months)
3. K1 interview at consulate (you don't need to be there)
4. She enters the US with K1 visa
5. Marry her within 90 days after entry
6. File I-485 and associated paperwork
 
Jackolantern said:
1. File for K1 using I-129F
2. K1 paperwork is processed and then forwarded to consulate in her country (this takes 2-6 months)
3. K1 interview at consulate (you don't need to be there)
4. She enters the US with K1 visa
5. Marry her within 90 days after entry
6. File I-485 and associated paperwork
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I see. I may be missing something, but if we marry and I file I-130 would that be much longer than going via K1? It seems she can stay in the U.S. while waiting for an I-130 approval. Processing times for I-130 are under 5 months, according to a tracker I found.
 
dima2ooo said:
I see. I may be missing something, but if we marry and I file I-130 would that be much longer than going via K1? It seems she can stay in the U.S. while waiting for an I-130 approval. Processing times for I-130 are under 5 months, according to a tracker I found.
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By the time they approve the I-130 and forward it to the consulate and the consulate is ready to interview her, it would be more like 6-9 months.

When did she apply for the B1/B2 visa that she used to enter the US? Were you engaged to her at that time?
 
Don't mean to hijack the thread, but I figured it's better than creating a new one. Anyway, I'm in a similar situation. My girlfriend is going to be starting the application process for Naturalization very soon, and in a few months time we were thinking of getting married. First of all, would this affect her application status in any way? And secondly, I am not an American citizen. I'm Canadian, so would I have to wait until she is officially a citizen before she could sponsor me for Permanent Residence status? Or are PR's allowed to sponsor as well? Basically I just don't want to do anything that will delay her citizenship process, but as we are in a long distance relationship I'm searching for ways that will get us together sooner rather than later. Thanks for any clarification.
 
LPR's can sponsor their spouses, but only if the spouse is in the US legally or outside the US towards the end of the process.

Note that sponsorship by an LPR spouse involves a wait of several months during which the immigrant spouse gains no legal status as a result of the relationship (unlike spouses of USC who almost immediately gain or maintain legal status via concurrent I-130/I-485 filing). So for an immigrant spouse who is already in the US, that would usually mean having to leave the US in order to avoid overstaying and losing eligibility, unless it is a long-term status like student visa or H1B or TN.

First of all, would this affect her application status in any way? And secondly, I am not an American citizen.
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No effect on her status, but the marriage could hurt your ability to visit the US.
 
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Can I be in the US legally, simply on a tourist visa? Of course as a Canadian I'm allowed to be in the country for up to 6 months. Or do you mean legally in the sense that I'm working or a student?

Also, how exactly would the marriage hurt my ability to visit the US? Would I be denied access to the country in any way? I suppose the best route is to wait until she has citizenship, but just like to hash out some scenarios if she didn't attain it straight away.
 
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