Fiance Visa or Marriage Question

D

depebalz

New Member
Hi-

I met a Thai woman who is here on a tourist visa. We met a couple of months ago, spent a lot of time together (camping, pictures, etc), fell in love-and now we want to get married. She has a 10 year tourist visa (?) and can come for 6 months at a time (?) but must spend 6 months out of the US in between visits (?). She needs to leave in a couple of weeks to be out by the 6 months deadline. She needs to go back to Thailand anyways, both to do some work and to visit her family.

So, I want to know the best course to take.

Does it help that she passed whatever it took to get her tourist visa?

We would both like for her to be able to work, but I would like for her to be able to visit me here in the US in the meantime. I can visit her in Thailand also.

So,
1. Should we get married here in the US before she leaves?
2. Should we apply for a fiance visa and plan to get married when it is granted?
3. Are there other options?

She wants to visit her family in Thailand and has some work to do (and of course has a lot of business to take care of to get her things in order before she moves here "permanently"). I just want to do everything "legally" and with as few potential hang ups as possible.

What are our options?

What about Realistic time frames?

Thanks,

Fred
 
Youve already identified the fiance and spouse visas- these seem like your only option unless of course your partner is able to obtain their own work based visa (very difficult to get).

As for which visa (fiance or spouse) to go for...well that all depends upon whether you prefer to be separated as either an engaged couple or a married couple. Both have their positives and negatives.

The fiance visa
-Positive = You can apply for it NOW without having to wait to get married (providing you are both free to marry of course), and you fiance should be able to join you in about 6-8 months.
-Negative = Your fiance will have to wait approx 3 months from marriage in the US before they can work (unless she obtains a temp EAD at JFK airport upon US entry). You also undergo costly AOS fees to obtain the greencard (currently at $1010). Also you fiance is not able to freely leave and re-enter the states until she obtains an advance parole document.

The spousal visa (there are 2)
K3
-Positive = Hmmmmm- cant think of any at the top of my head. Oh- its a multi entry visa therefore you do not have to wait for an advance parole document to leave and re enter the US.
-Negative = It takes about 8-10 months to obtain. Your spouse will not be able to get the temp EAD stamp at JFK (though the majority of K1 holders dont get it as they enter through alternative airports). You still have to suffer the AOS extortionate costs. You have to wait the same length of time for work authorisation as a K1.

CR/IR1
-Positive = Your spouse will become a permanent resident upon entry to the US with her fresh visa in hand- no need for pesky AOS and no need to shell out $1010 as is the case in the previous 2 options. Upon entry your wife will just need to sit tight and wait for her green card to be delivered (theres been a varied amount of time that people have had to wait for this. Some people have waited a mere 3 weeks, some 3 months- it all depends on the individual case).
-Negative = takes approx the same amount of time as a K3 visa therefore it is not the quickest route. Rules and processing times change all the time with USCIS. Before, this route used to take years, but now it has sped up and is on par with K3...however, there is no way of knowing whether USCIS will change it all up again mid way through your application and thus delay you and your wife reuniting.


K- so Ive rambled on a bit there. So in a nut shell, during these processes your fiance/wife is allowed to attempt to visit you in the states- HOWEVER she will not be guarranteed entry. One should always be prepared for your wife to be denied entry and turned around, therefore it is always wise for your partner to carry on her evidence that proves that she will indeed return back to her home country after her visits (use letters from employers, rental agreements, important 'cannot possibly miss' appointment letters due for after her return.
So- if speed in both of you reuniting is more important then I would suggest the K1 fiance visa. If her working asap is most important, then Id go for the CR/IR1.
Im a K1 graduate (who is now broke after filing my AOS fees :rolleyes:) so please feel free to ask any questions.
 
K-1 Seems to be the best option - How about Student Visa- also, my 2 year old son...?

:confused:

Hi-

I suppose that my situation is perhaps more complicated, or as complicated, or less complicated, than some others' situations out there. So, here goes...

My fiance and I met about 4 months into her 6 month "tour"/visit her in the US.

I have been legally divorced since January of 2008, so for about 9 months now (separated for about 14 months). I realize that I need to provide proof of my legal divorce-I do have the final divorce decree.

I have a 2 year old child with my ex-wife. I have my son 1/2 time.

I have the house (or the small amount of equity in the house) that me and my ex-wife bought together. (House is in my name).

With the large mortgage payment, and my less-than-large salary, I am going "in the hole" every month. So far, I have not broke even. I plan to supplement my income with a renter in my house, and will in addition have to either get a better paying job or get a second job.

My son is (honestly) my #1 priority. In other words, I do not want to risk "taking food out of his mouth" too much. Considering my financial situation (not being able to keep up with the bills and mortgage so far).

I'm not a "pinch-penny" - to much the exact opposite I think - but since my son is my #1 priority, I want to protect him. I'm sure that I will think the same about a second child - but - right now I have only the one.

So, I am considering the K-1 option (seems like the best option).

If "God Forbid" my marriage to the Thai woman did not work out, what chance is there that it could take food out of my son's mouth?

Any input?

I know that me and my fiance will have to (and will) talk about this stuff (painful and awkward for me and her I am sure). I just don't know what the law says and what I would have to do.

Seriously, I would really like the Fiance (K-1) option, as it gives more time for us to get to know each other. On a related note, I definitely do want another child, as my fiance does also-but she does not want to start working on a child until we are married (seems reasonable).

I have a strong desire to procreate-I want another child. I do love my fiance, but I do really want another child, and this desire for another child does affect how I look at my potential relationship with my fiance.

With all of that said...

Since I don't know the marriage/community property/etc laws, and whether or not these are affected by the international aspect (visas, etc). I would want to have any woman (US citizen or not) know that my son is the #1 priority, and that I need to protect him.

I do feel really uncomfortable with the international aspect of this relationship. I seem to have some advantage (this makes me uncomfortable even though I do love her and I know that the sentiments are mutual). But I do not want to risk my son's situation. If nothing changes significantly with my income situation, my fiance and future wife will have to work to help pay the bills and keep the house.

So, I am favoring the K-1 option in any case. (any input on the above rambling is welcome).

Assuming that we pursue this K-1 option....

Whatever "love" is...it is complicated by my past - my son...

Perhaps some questions for a marriage attorney? Or would an immigration attorney likely be able to handle some of these questions?

So, as far as the K-1 option, can we file for this in the next week, before my fiance leaves the states, or should we wait until she is back in Thailand?

In the meantime, what are the chances that my Fiance will be able to come visit me (on her B travel visa or otherwise) between filing of the K-1 and when it is granted?

On a separate note- I have been looking at English classes for her...I could probably swing (via loans, etc) for her to take intensive English classes. Perhaps get a Student Visa? I realize that she would be able to come back to the US much sooner - but I'm not sure if it would be considered fraud for her to be here on a student visa while we are getting to know one another better (like her learning English while also in our fiance period). Is it possible for her to be here on a student visa and at the same time be waiting for the K-1 visa?

This type of stuff is stressful for me (I cannot imagine it not being stressful on anybody). Especially because of my before-described situation...

Sorry for the incoherent nature of this posting...

Any input, constructive or otherwise, will be appreciated...


Thanks...



Youve already identified the fiance and spouse visas- these seem like your only option unless of course your partner is able to obtain their own work based visa (very difficult to get).

As for which visa (fiance or spouse) to go for...well that all depends upon whether you prefer to be separated as either an engaged couple or a married couple. Both have their positives and negatives.

The fiance visa
-Positive = You can apply for it NOW without having to wait to get married (providing you are both free to marry of course), and you fiance should be able to join you in about 6-8 months.
-Negative = Your fiance will have to wait approx 3 months from marriage in the US before they can work (unless she obtains a temp EAD at JFK airport upon US entry). You also undergo costly AOS fees to obtain the greencard (currently at $1010). Also you fiance is not able to freely leave and re-enter the states until she obtains an advance parole document.

The spousal visa (there are 2)
K3
-Positive = Hmmmmm- cant think of any at the top of my head. Oh- its a multi entry visa therefore you do not have to wait for an advance parole document to leave and re enter the US.
-Negative = It takes about 8-10 months to obtain. Your spouse will not be able to get the temp EAD stamp at JFK (though the majority of K1 holders dont get it as they enter through alternative airports). You still have to suffer the AOS extortionate costs. You have to wait the same length of time for work authorisation as a K1.

CR/IR1
-Positive = Your spouse will become a permanent resident upon entry to the US with her fresh visa in hand- no need for pesky AOS and no need to shell out $1010 as is the case in the previous 2 options. Upon entry your wife will just need to sit tight and wait for her green card to be delivered (theres been a varied amount of time that people have had to wait for this. Some people have waited a mere 3 weeks, some 3 months- it all depends on the individual case).
-Negative = takes approx the same amount of time as a K3 visa therefore it is not the quickest route. Rules and processing times change all the time with USCIS. Before, this route used to take years, but now it has sped up and is on par with K3...however, there is no way of knowing whether USCIS will change it all up again mid way through your application and thus delay you and your wife reuniting.


K- so Ive rambled on a bit there. So in a nut shell, during these processes your fiance/wife is allowed to attempt to visit you in the states- HOWEVER she will not be guarranteed entry. One should always be prepared for your wife to be denied entry and turned around, therefore it is always wise for your partner to carry on her evidence that proves that she will indeed return back to her home country after her visits (use letters from employers, rental agreements, important 'cannot possibly miss' appointment letters due for after her return.
So- if speed in both of you reuniting is more important then I would suggest the K1 fiance visa. If her working asap is most important, then Id go for the CR/IR1.
Im a K1 graduate (who is now broke after filing my AOS fees ) so please feel free to ask any questions.
 
Sorry- not been on this site for a while.

Yep- the divorve decree is what you will need to prove that you are no longer married (and therefore free to marry)....so make sure you keep that nice and safe (make copies of it...if you go the K1 route you will need to send copies of your documents never originals)

Its obvious that you care very much for your son and that is heart warming....many people jump into marriage and put themselves first (I know a few people who have married without even considering the impact on their children) so kudos to you. Youve clearly thought about this and he is your number one priority.

Anyway....much of which you posted above isnt 'immigration related' in the sense. I think a long hard talk with your partner is needed before you persue this. I knew for a fact that there was no way I would come over to the US without getting a job asap so me and my now husband can each contribute to the upkeep of the home (as of now Im currently unemployed as I anxiously await my work permit). So talk with her and see what jobs she would like to do....two incomes are certainly better than one unless one income is more than enough to live comfortably. As for the issues about what would happen if things should not work out....then I would suggest talking with an attorney specialising in marriage related issues. I know some people dont agree with them, but a prenup could be a possibility (Ill not say any more on that as know a lot of people recoil at the mere mention of a prenup).... you could also discuss how this would be affected if you do have a child with your partner. Another point to realise that as part of Adjustment of Status you need to sign an affidavit of support for your 'then wife'. I dont know the full legal obligations that entails, but Im sure someone will chip in and add to that, or it could always be researched.

As for the other visas whilst the K1 is process, I dont think that these are possible. Of course, I could be wrong, but once a K1 is in the system, then it is clear that your partner has immigrant intent (after all, that is the whole point of the visa), therefore it is highly unlikely that the embassy will issue either a tourist or student. If its any consolation, me and my husband didnt visit during my application. Because of my job, I also couldnt leave until 4.5 months after the visa had been issued. That was torturous, knowing that I had this nice shiney visa sat in my cupboard that would allow me to jump on a plane to marry my sweetie, but I couldnt because of my obligations back in the UK.

Good luck with your journey.
 
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