Where to marry, how much time to allow, etc.

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PaganAngel

Registered Users (C)
What a great forum! I've recently started investigating the process for my Argentine fiance and me (American). I've been living (unofficially, I'm still a US resident) in Argentine for the last 2 1/2 years. Now I want to return to pursue a master's degree, and bring my partner (of 2 years) with me.

The idea is to move in June, with a date of mid-August as the absolute latest (since my program will start at the end of August). Costs are important, but not the be-all, end-all. So, what's our best bet? Mary here? Mary there with a fiance visa? He has a B1, but it sounds like this would be legally compromising and unethical. Since I'll be studying, we want him to start working as quickly as possible. (I'll be taking out student loans, as well.) I came here to do an internship, so I have a relatively low income for one of the last three years, but have met the minimum in the other two.

What else am I missing? Any info/advice is greatly appreciated! We hope to avoid legal fees, if possible.
 
It looks like you have quite a rough road ahead of you. You could petition for a fiance OR marry abroad and apply for an Immigrant Visa OR marry abroad and apply for a non-immigrant K-3 (that requires an I-130 first then an I-129F BUT if they arrive at the Consulate together or close together, the K-3 will be closed and it will proceed to the Immigrant Visa processing).

Marry abroad and File Form I-130. If you reside outside the United States, file your relative petition at the USCIS office overseas or the U.S. Embassy or consulate having jurisdiction over the area where you live. For further information, contact the nearest U.S. Embassy or consulate. [You qualify for this.]

When the Form I-130 is approved, it will be sent for consular immigrant visa processing and the consulate or embassy will provide notification and processing information. See form instructions for more information. This option requires the I-864, Affidavit of Support, be approved before an Immigrant Visa can be issued. IF this is doable, this might be the best choice to meet your timeline.

I-129F for K-1 Fiance: What happens if we do not marry within 90 days?

Fiancé(e) status automatically expires after 90 days. It cannot be extended. Your fiancé(e) should leave the United States at the end of the 90 days if you do not marry. If your fiancé(e) does not depart, he or she will be in violation of U.S. immigration law. This may result in removal (deportation) and/or could affect future eligibility for U.S. immigration benefits.

I-129F (AFTER an I-130 is filed in the US at the Chicago Lockbox--you can opt for this) K-3 Spouse: Affidavit of Support

Form I-864, Affidavit of Support, is not required when applying for the K-3 or K-4 nonimmigrant visa. However, the K-3 or K-4 nonimmigrant will need to furnish evidence showing that he or she will not become a public charge while in the United States. You may opt to complete Form I-134, Affidavit of Support, to help demonstrate that your K-3 or K-4 nonimmigrant will not become a public charge while in the United States. When the K-3 or K-4 nonimmigrant visa holder applies for adjustment of status, he or she will adjust status as an immediate relative, and at that time will need to file Form I-864.

Good Luck,
 
PaganAngel said:
I came here to do an internship, so I have a relatively low income for one of the last three years, but have met the minimum in the other two.
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Income from non-US employment cannot be used to meet the financial requirements for green card sponsorship.
 
Find a cosponsor for financial requirements assuming you no not have adequate assets to compensate for too low income.

Face the fact that even if you are married there, he may not be able to immediately accompany you due to the processing times. It is not a big issue since marriage is (or should be) for a long time.

He could also file for an H1B if he can find a sponsoring employer. As a dual intent visa, he can be married either before or after entry. This income can be used for support.
 
is it really that complicated? It seems like a typical case...

Thanks for the replies. I'm sure my parents will co-sponsor if necessary, but since nearly all my income IS from US work, I will have to see what happens.

As far as marrying here and waiting--couldn't we avoid that by marrying in the US? Or is the turnaround time for a K-1 even longer than a K-3?

I don't think an H1B is a realistic possibility for him at this time.
 
PaganAngel said:
Thanks for the replies. I'm sure my parents will co-sponsor if necessary, but since nearly all my income IS from US work, I will have to see what happens.

As far as marrying here and waiting--couldn't we avoid that by marrying in the US? Or is the turnaround time for a K-1 even longer than a K-3?

I don't think an H1B is a realistic possibility for him at this time.
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The K-1 is usually a shorter wait. Also, you don't have to remain abroad under any of those options.
 
I understand that I don't have to remain abroad, we were just hoping to travel to NYC together when we returned, and that won't be financially possible if we don't return together--and it's preferable to be together. But yes, if necessary, we'll spend time apart, that just doesn't seem necessary at this point. It's good to know the K-1 is shorter.
 
K-1 provides a short time to enter the US (usually 2-4 months, although it may be longer if the particular consulate is slow), and avoids the immigrant intent problems that may arise with B1/B2 visa. Unless there are unexpected snafus the K-1 should definitely be approved before your planned move in June-August. But there will still be the I-485 process and related formalities after entering the US, so it doesn't necessarily result in a shorter time frame end-to-end than getting married outside the US and filing I-130.
 
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Thanks Jacko, we were originally debating the idea of entering on a fiance visa or B1/B2, not realizing the B-option was definitely illegal. It sounds like the finace visa is the best option, though...we're not in a huge rush to finish the process...but it'd be nice to enter the country together and for that to happen, things will need to get started over the summer.
 
PaganAngel said:
Thanks Jacko, we were originally debating the idea of entering on a fiance visa or B1/B2, not realizing the B-option was definitely illegal.
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It's not really "definitely illegal"; it is one of those things where it's "better to ask for forgiveness than permission". In other words, they will refuse entry with the B1/B2 if they know or strongly suspect the plan is to get married and immigrate; but if you manage to get inside the US, usually they won't deny the GC for spouses of US citizens if that is the only negative thing.

It sounds like the finace visa is the best option, though...we're not in a huge rush to finish the process...but it'd be nice to enter the country together and for that to happen, things will need to get started over the summer.
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You mean the Argentinian summer (i.e. within the next 1-2 months)? Remember the K-1 needs a 2-4 month processing time, so filing for it in the North American summer would be too late for your stated plans.
 
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Ugh...just when I think things are getting straightened out, you say "better to ask forgiveness than permission"...lol. Well, I am referring to the US summer (since I figure people here are oriented to the northern hemisphere)...

But, I have a couple things to work out before we apply, so I guess we'll try the K-1 route if we have time, and if not, beg forgiveness.
 
PaganAngel said:
But, I have a couple things to work out before we apply, so I guess we'll try the K-1 route if we have time, and if not, beg forgiveness.
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Be aware that you might not get the opportunity to beg for forgiveness. If they suspect he is already married to or will marry a US citizen after entering the US (something they might sense after seeing the two of you talking in the immigration line, for example), he could be refused entry with the tourist visa.

Since you're not moving to the US before June, you have time to apply for the K1. Apply now and he'll have it by summer. It's not a huge complicated thing. Once it's approved and stamped in his passport, he'll have 6 months to travel to the US, and then 90 days to get married to you within the US. Download it at www.uscis.gov/i-129f
 
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