Need advice on how to start process

[dsmiami]

I am a naturalized US citizen and I live and work permanently in the US.

My fiancee is a working professional in our country of birth and has a valid 10-yr US visitor's visa.

We have plans to marry in our home country in January '10. Both of our families are there and a bulk of our friends are there. Applying for a K-1 fiancee visa does not make sense since we are not getting married in the US.

My question is - after our marriage in our home country - can she come to the US on her visitor's visa and then we can file paperwork for adjustment of status to become a US permanent resident?

We are not trying to go around the system, we are just trying to do this in the most efficient legal route. Having her wait in another country until her paperwork comes through seems like a bad way to start a marriage.

If our best course of action is to consult a legal professional, we will do so - but just wanted to toss out our ideas here. I appreciate any feedback.

 

[Al Southner]

I am a naturalized US citizen and I live and work permanently in the US.

My fiancee is a working professional in our country of birth and has a valid 10-yr US visitor's visa.

We have plans to marry in our home country in January '10. Both of our families are there and a bulk of our friends are there. Applying for a K-1 fiancee visa does not make sense since we are not getting married in the US.

My question is - after our marriage in our home country - can she come to the US on her visitor's visa and then we can file paperwork for adjustment of status to become a US permanent resident?

We are not trying to go around the system, we are just trying to do this in the most efficient legal route. Having her wait in another country until her paperwork comes through seems like a bad way to start a marriage.

If our best course of action is to consult a legal professional, we will do so - but just wanted to toss out our ideas here. I appreciate any feedback.

Well, if she comes here and she doesn't encounter any difficulties at the POE, then you can ask her to come and do AOS while in the country after getting married in you local county court. However, it could create a difficult situation at the interview for her, meaning her intent on that last trip was to remain in the US forever, not return to Russia. In short, she used her visitor's visa as a K1 visa. It does happen, she won't be the first one and probably won't be the last one to do so. However, it is illegal.


However, if she denied entry to the US, because CBP officers believe she has intention of staying in the US without returning to her home country, then you might be forced to go the K1 route. Remember, wedding in the US doesn't have to be lavish, you can go to Vegas and be married by a gay satanic priest... You marriage will still be valid, and will only cost you about $35 in fees...

No need to consult any lawyer at this juncture, but you should count the cost so to speak, if she's denied entry for whatever reason. Are you planning to travel back to the US after your marriage with her? If so, then she might be denied entry because she will be married to you. I read a case of this italian guy who came on VWP to see his girlfriend, she was denied entry because CBP officer suspected that he had no intention of going back to Italy. So, it could be challenging... I am advising you think through your options...

 

[PraetorianXI]

K-3 visa or CR1 visa.

Entering the USA with a visitor visa already married to an US citizen will be very difficult, more so if your intention is to adjust your status.

 

[dsmiami]

Further question

Ok - so if I start the process of applying for the CR1 - can she still visit me on her B2 tourist visa?
She will go back home as needed and return to the US to spend a month or two at a tiem.

 

[Al Southner]

Ok - so if I start the process of applying for the CR1 - can she still visit me on her B2 tourist visa?
She will go back home as needed and return to the US to spend a month or two at a tiem.

I don't think so, they might run her file and see she's being considered for a K1 visa. As such, I don't think they will allow her into the country if you go through K1 route. USCIS will never trust anyone who has shown intention to immigrate to the US to leave the country after a temporary visit...

So, for now you have to weight the cost of each route and decide what you can live with. You can marry her in Russia, then have her travel her for a visit and see if that will work, but she cannot disclose to CBP officer that she's married to a USC. I don't think they will ask her this question in particular, but they can ask the purpose of the visit. So, once she's here, then you can file for her after 90 days. However, what I am suggesting is illegal, so you have to decide if you want to do this route. I am not advocating this approach, but it has been done before by other people on this forum. Good luck and bring us some good vodka when in Moscow.