I think I got a Real Easy Question

L

LordVngr

Registered Users (C)
So I got a simple question about immigration and I checked a few threads that kind of looked like what I wanted.
I had to laugh at some of the Shenanigan's / Situations I was reading about and could they get away with it.

That said, here is my simple story.

I'm a 53yo U.S. Citizen born and raised and I'm also a U.S. Veteran.

I have been chatting with this Nice 41yo lady from Lima Peru.

I'm slowly falling in love with her and just might fall all the way.

I'm even slowly thinking about Marriage.

No The Real Deal man. Sleeping with her, living with her, the whole bit ;)

I even plan on spending the rest of my life with her.

What would be the Easiest Way for me to bring her to the U.S.

Would I have to marry her in Peru and live with her there for a set period.

If so how long.

how soon after marriage do I start Paperwork. How long does it take. Where do I start the paperwork there or here.

Is Peru on some sort of blacklist / no import list.

Cant I just get her some sort temp visa to bring her here and then marry her, get her a green card and put her on a path to citizenship. If so Which Visa do I want.

Honestly if this woman is willing to spend the rest of her life with me and take care of me it's The Least I can do.

Besides I would think as a U.S. Citizen and A Vet I could marry Anybody I want and bring her here as long as she isn't a criminal or on some watch list. I kind of think the government owes me on this and really cant say NO.

Forgive me But I'm a total Newbie on Immigration Laws.

What's the Real Deal guys. How do I play this

Thanks for your responses in advance

LV
 
I would recommend you to travel to Peru and meet her in person and than decide. Sometimes "chatting" online and real life go in two different directions.
I am not saying it will go bad for you - I myself met my husband by chatting online in 2004. I am from Poland and he is American. We got married in 2010 and we are still together, so yes - these things DO work :)
But make sure you meet her in real before you go any further (my husband had a few trips to Poland and I visited USA as a tourist many times before we got married) :) Unless you already met and you know that this is love... than good luck!
 
There are two general options:
* Marry her first, anywhere. Then she goes through consular processing to get an immigrant visa in Peru, which may take around a year.
* Get her a fiance visa (K-1), and marry in the U.S. and then file for adjustment of status.
 
ALL Good Advice guys.
Just what I am looking for

Totally agree on going to Meet her Before anything is done
BUT I'm a working stiff, I don't have money for Multiple Trips.

And Yes I read the horror stories about the Overseas wife
including Peruvian ladies. It gives one Pause for sure

I'm trying to think with the Right Head here guys. :)
I'm looking for the Right Person for Me

So let me ask you This.

I would like to maybe Retire in South America, Maybe.
She knows this and she seems to accept it.
I like the idea of being a Expat someplace.
It makes me feel Special.

Anyway, IF I Moved to Peru and Married her
And Lived there the rest of my life
Can I make her a Citizen While we live in Peru.
Without Ever Coming back to the U.S.

I'm sure she is going to outlive me
And if I marry her I would want her to be a Citizen
Before I died. So she could come here after I'm gone if she wants.

Can I do This OR do I have to bring her back to the states
and live for X amount of time in the U.S. First.
If so how long do we have to live in the U.S.

The way I figure it
If you Really want to know if that Overseas Lady Loves You
Tell her you want to live in Her Country and See what she says.

The floor is Yours.......

LV
 
LordVngr said:
Anyway, IF I Moved to Peru and Married her
And Lived there the rest of my life
Can I make her a Citizen While we live in Peru.
Without Ever Coming back to the U.S.
Click to expand...

No. She would have to make at least one entry to the US for her green card, then for citizenship she would have to reside in the US with you for 3 years (trips outside the US are allowed, but the trips must not total more than 18 months during the 3-year period, and the trips should not exceed 6 months each).
 
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Question after the interview?

Hi everyone !!

My wife and I just got an interview today at USCIS center for the adjustment my status.
The interview went through really well and very easy which make me more paranoia and worry.
The lady was really nice and did not ask us any tricky or personal questions. She did not even ask how and when did we meet, or bother to look all pictures I brought with us. She was kept looking all the documents which I submitted before and asked all about basic information to make sure it matched.

For example:

What is my full legal name? And have any other names?
What is my mother full name?
What is my father full name?
Do I attend in school right now? And what is my major? Do I have the enrollment paper or transcript with me?
When was the last time I entered to the US? And Do I have all I-20 and old Visa?
Where do I live right now?

Then she asked my spouse
What is your full name? And have any other names?
What do you do? And your income?
What do your parents do? And where do they work at?
How long have you been living in this address?

And !! She asked most the questions to double check with all documents, nothing else. We both sit together, no video tape. Then she asked me to sign on the paper and asked all the questions about background check ( arrested, do something illegal, bla bla) I said all No. She said "Good, now she needed to make copy some documents like my birth certificate, marriage certificate, and she took my I-94).

She said if she needs anything she will call us. and needs her supervisor to review it. Then we left.
I feel really worry now because the interview went really well, super duper easy compare to all my friend's experience and online but still don't know the result right away. So does anyone have the same situations and know how long it takes? in your opinion, will I get approved ? I am really really stress right now :(
 
Jackolantern said:
No. She would have to make at least one entry to the US for her green card, then for citizenship she would have to reside in the US with you for 3 years (trips outside the US are allowed, but the trips must not total more than 18 months during the 3-year period, and the trips should not exceed 6 months each).
Click to expand...


OK, So she HAS to come to the United States for her Green Card?
I could not get her a green card in Peru?

Once a person has a green card do they Expire or have a expiration date on them?
If she has a green card she really doesn't need to be with me to be a citizen does she?

I was married once before to a lady from Panama for 19 years.
She was already in the US when I met her.
But I remember she told me she was a residence.
She became a citizen on her own without any help from me.

What's the difference between Green card and Residency?

Could I just bring her to the US under some sort of " Visitor " Visa
Spend time with her here and verify Yes this is the one I want to be with
And then apply for this K-1 Visa and or green card.

She has told me the only way she can come to the states is if I fly
to Peru, Marry her, and then apply for paperwork to bring her back.

I'm not sure this is true though. People come to Visit the US all the time.
Why couldn't she just come to Visit me and then if we really hit it off
I start the paperwork process to keep her here while she lives with me.

If she did come Visit me and I want to keep her here Can I?
Or would she have to go back to Peru while I file paperwork and push it thru.
Could she Legally work in the US while under a visitor states or does she need the green card?

Finally and this is just My Thinking.
Unlike the Thread Stealer above I think this is going to be a calk walk for me.
I know people sweat bullets trying to get into the US or bringing family into the US
I anticipate No Such Problems.

Because of my Veteran status and My Citizenship I feel like I will walk in someplace and tell someone
THIS is My Wife, I'm a US Citizen and a Vet, Here is the Paperwork, Now lets get it done.
I will get back Yes Sir, It takes 6 months for everything to go thru, Have a nice day. And we walk out.
Am I Wrong in thinking this way.

Thanks....

LV
 
The first green card is conditional and is only good for 2 years. At the end of this period you both need to apply to remove the 'condition', and when the CIS grants it she will have a permanent green card that she can renew indefinitely without your involvement.

Green card is the popular nickname, the official name is "Permanent Resident Card". A person who has been granted "lawful permanent resident" status must carry this card.

She can visit USA to meet you as a tourist. After two months you can get married (should you choose to) and start the process of adjusting her status to permanent resident. She is not required to leave while the process is ongoing.

The green card will allow her to work, but since it will be many months before she gets that card, she can apply for employment authorization in the mean time. The EAD (employment authorization document) is typically issued in a short time, like a couple of months.

Your veteran status is unlikely to have any effect on the speed of the process. If for some reason you need it faster, you can apply for an expedite and they'll decide if it's warranted.
 
LordVngr said:
OK, So she HAS to come to the United States for her Green Card?
Click to expand...

Absolutely yes. She can stay in Peru throughout the application process and interview for the green card at a consulate in Peru, but after being approved by the consulate she will have 6 months to enter the US. If she doesn't enter the US by the 6-month deadline (or a later deadline if they grant an extension), she doesn't get the green card.

Once a person has a green card do they Expire or have a expiration date on them?
Click to expand...
If she's been married to you for less than 2 years when her green card is approved, the green card will be a conditional one that expires in 2 years. Near the end of the 2 years she would have another application process to get a 10-year card, which may include another interview. Divorcing before the 2 years are done would jeopardize (but not completely destroy) her ability to get the 10-year card.

But if she's been married to you for at least 2 years before her first green card, the card would be a 10-year card and its status wouldn't be dependent on you staying married to her.

Note that even with a 10-year card, the green card would normally be canceled (even if it is unexpired) if she spends more than 12 consecutive months outside the US (or 2 years with a reentry permit).

If she has a green card she really doesn't need to be with me to be a citizen does she?
Click to expand...
Without you, she would have to be a resident for 5 years to become eligible for citizenship. Being married to a US citizen reduces that to 3 years.

What's the difference between Green card and Residency?
Click to expand...
Green card and permanent residency are the same thing. The important difference is between green card and citizenship. Green card holders can be deported or refused entry to the US for various reasons, including spending too much time outside the US as mentioned above.

Could I just bring her to the US under some sort of " Visitor " Visa
Spend time with her here and verify Yes this is the one I want to be with
And then apply for this K-1 Visa and or green card.
Click to expand...
Yes, if she can get a tourist visa. But tourist visas are hard to get for applicants whose country of citizenship has a high rate of overstay (I don't know if Peru is like that). They also would probably refuse the visa if they know about your relationship. The visa application asks about spouse/fiance/fiancee in the US. If she doesn't mention you on the tourist visa application, then she uses the visa soon after that to enter the US and marry you, her green card application would be jeopardized when they notice the discrepancy. However, if she doesn't marry you in the US, but instead leaves the US to await her K-1 visa, that wouldn't be a problem.

Does she have a good job in Peru? Has she traveled to the US before (without overstaying)? Has she traveled outside South America? If the answers are Yes to those questions and she has proof, that increases her chances of getting a tourist visa.
 
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Green card is for living in the U.S. If she doesn't plan to live in the U.S., she shouldn't get a green card.
 
Jackolantern said:
Yes, if she can get a tourist visa. But tourist visas are hard to get for applicants whose country of citizenship has a high rate of overstay (I don't know if Peru is like that). They also would probably refuse the visa if they know about your relationship. The visa application asks about spouse/fiance/fiancee in the US. If she doesn't mention you on the tourist visa application, then she uses the visa soon after that to enter the US and marry you, her green card application would be jeopardized when they notice the discrepancy. However, if she doesn't marry you in the US, but instead leaves the US to await her K-1 visa, that wouldn't be a problem.

Does she have a good job in Peru? Has she traveled to the US before (without overstaying)? Has she traveled outside South America? If the answers are Yes to those questions and she has proof, that increases her chances of getting a tourist visa.
Click to expand...


Wow, Just Fantastic Information. If I'm not talking to Immigration Lawyers I should be.
But the waters are starting to get kind of deep for me now guys so let me see if I can recap.


IF she could get a " US tourist Visa " she could come see me. And It's Not that Peru wont let her out, It's the US wont let her in. But the chances of the US giving her this visa are slim to none because of, Well that's just the way the System Works. Catch 22. Unless you come from a " Friendly Country " Say the UK or GR or IS. Right.

She says she is a Chef but you know, Don't think she has ever been to the US, traveled around South America, not sure about out side it so I'm pretty sure she couldn't get the visa. AND she wouldn't get it for SURE if she says she is coming to see Me. Right.

But lets say she does get a tourist visa and she comes to see me.
We hit it off and I say ok I want her to stay. I wait two months and I marry her.
Man, how do you even get a marriage license for that. She isn't really Legal.

But anyway, I'm "Somehow Married" and Now at this point I can go ahead and apply for a green card for her and even a early card for her to work. And she can Stay. US Law says I can do this.
BUT...........
Because she didn't say she was coming to see me on her visa app its going to be looked down on and there is a Good Chance it could be denied. Right.

What's happens to the Marriage, is it Annulled. If your still legally married US law says you have to Live in different countries now?

But Lets say it's approved. The first green card is for Two years and then you Both have to reapply for the 10 year. If you break up, she can reapply herself BUT she probably wont get it. With you she gets it no problem. Right.

Now at this point with you or without you she's is homebound to citizenship.

OR

She visits you IF she can get the visa and then goes home, I assume I would apply for a k-1 at that time, once I got it, bring here back here, marry her and then apply for the rest and get it now problem. right.

OR

On the other side of that coin I would go there and start the process at That end.

h-1 visa First, Marriage, apply for green card, wait x amount of months, homebound.

Do you or don't you Have to be Married to apply for a H-1 visa?

You Have to be married to apply for a green card Correct?


I have come to 3 conclusions. What an Onion. Every question I ask I have another.
And it seems to me the US Government is doing everything they can to keep her out BUT
If you can get her in country The US government will do everything it can to keep you from being Burnt.

Thanks Guys

LV
 
LordVngr said:
h-1 visa First, Marriage, apply for green card, wait x amount of months, homebound.

Do you or don't you Have to be Married to apply for a H-1 visa?
Click to expand...
H1 visa? H1 visa is for employment.

Did you mean K-1 visa? You must be unmarried to apply for a K-1 visa; its purpose is to bring a fiance/fiancee to the US to get married to a US citizen and later apply for a green card.

The K-1 visa requires meeting in person at least once in the past 2 years before applying for it; so it's kind of a catch-22 if she can't get a tourist visa to meet you. But there is the option of you going to Peru to meet her, or both of you going to a third country like meeting in the middle somewhere in the Caribbean or Central America.

You Have to be married to apply for a green card Correct?
Click to expand...
Yes, to apply for a marriage-based green card. But not to apply for other types of green cards such as parent-child or employment-based or the DV lottery.

But lets say she does get a tourist visa and she comes to see me.
We hit it off and I say ok I want her to stay. I wait two months and I marry her.
Man, how do you even get a marriage license for that. She isn't really Legal.
Click to expand...
People on tourist visas and even illegal immigrants can easily get a US marriage license if they have a valid ID, such as their passport.
 
The law says that a person applying for a US nonimmigrant visa (like a tourist/business visa a.k.a. B1/B2 ) is presumed to have immigrant intent until proven otherwise, and immigrant visas are very hard to come by. If she can show strong ties to her country like a successful career or business, considerable amount of property, family ties, financial obligations (mortgage etc.), then she might be able to convince the consular officer that she doesn't intend to stay.

The two months (60 days) are the safety buffer before you can get married. If she comes as a tourist and marry you the first week, the gov't will presume fraud on her part, that she's circumventing the K-1 visa process. Some say the 60-day rule is no more, but I would still wait if I were you, just to be safe.
 
LordVngr said:
AND she wouldn't get it for SURE if she says she is coming to see Me. Right.
Click to expand...
No. People can visit their significant other on a tourist visa. They of course need to prove significant ties to their home country to show that they will leave.

LordVngr said:
If you break up, she can reapply herself BUT she probably wont get it.
Click to expand...
Not true at all. As long as she can show the original marriage was bona fide, she will have no problem.
 
newacct said:
No. People can visit their significant other on a tourist visa. They of course need to prove significant ties to their home country to show that they will leave.
Click to expand...
She doesn't have the visa yet. Coming from Peru, without an established history of traveling to and from the US, she almost certainly won't get the visa if they know about her US citizen fiance or boyfriend.


Not true at all. As long as she can show the original marriage was bona fide, she will have no problem.
Click to expand...
But the "can show the original marriage was bona fide" part is often a problem for those who have divorced before 2 years. Not an unsurmountable problem, but still a problem.
 
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