New here with many questions

S

scandinavian07

New Member
Hello all!

I have met this wonderful man from Texas and we want to get married and I will then move to Texas rather than him moving here.
I found this forum and it seems really great!
So I have alot of questions now.
First, is it possible to get married in Texas and then go home and apply through the US Embassy in Copenhagen, rather then to stay and apply from within the US? Would it affect our application in a negative way?
This affidavit of support, is it so that if for whatever reason a marriage wouldn't work out, is the partner then responsible financially for the immigrant as long as you haven't applied for a US citizenship? It sounds so strange to me. Also, IF I would stay there with him and apply for AOS, how long is the process time before you get approved? Can it take more than 2 years? I'm wondering this because of posts I have seen on here considering the conditional green card, so lets say you would have been married for 2 yrs by the date you get your AOS approved, will you get a conditional GC or a permanent one?
I am too a careful person so even if we both want to get married and live together, hopefully the time you are together will be exactly what you hoped for, there is always the possibility it won't work out of course. I'm just a realistic person, and I am leaving my life behind to live in another country.

Well, I hope somebody can shed some light here, I'm sure I will have more questions coming. :)

Char
 
Some answers in bold

scandinavian07 said:
Hello all!

I have met this wonderful man from Texas and we want to get married and I will then move to Texas rather than him moving here.
I found this forum and it seems really great!
So I have alot of questions now.
First, is it possible to get married in Texas and then go home and apply through the US Embassy in Copenhagen, rather then to stay and apply from within the US? Yes, it is possible. The only problem is convincing the immigration officer at the Port of Entry, that you will in fact return home after marrying in Texas. The process is called Consular Processing.Would it affect our application in a negative way? No, it is actually better to proceed this way and you will be looking at getting a K-3 visa to come back to live with your husband.

This affidavit of support, is it so that if for whatever reason a marriage wouldn't work out, is the partner then responsible financially for the immigrant as long as you haven't applied for a US citizenship? It sounds so strange to me. The Affidavit means that if you become a resident (you get your greencard) then your spouse, or whoever signs the affidavit. Will be responsible to support you financially and thus you will not become a burden to the US government. Like asking for public housing, food stamps, disability, etc.

Also, IF I would stay there with him and apply for AOS, how long is the process time before you get approved? Can it take more than 2 years? I'm wondering this because of posts I have seen on here considering the conditional green card, so lets say you would have been married for 2 yrs by the date you get your AOS approved, will you get a conditional GC or a permanent one? If you file for AOS, the process in the best case scenario should take about 4-6 months from the date you send the forms (it depends if your FBI namecheck clears before the interview or not. If it doesn't then you never know how long is going to take before you get approved) The whole thing with the conditional card is... to ensure that your marriage is not "just for the greencard" and in good faith. USCIS first issues a temporary green card (valid for 2 years) to aliens who have been married to an US Citizen for less than 2 years. 90 days before those 2 years have passed, while still married to the same US Citizen, you will file another form to remove those conditions and send evidence that you are still married/living together. Then you may or may not be called for another interview and receive your 10 year Lawful Permanent Resident Card (Green Card). BUT YOU CAN NOT come to the US with a Visitor Visa or under the Visa Waiver Program with the intention of marrying and staying here and filing for AOS. You two would be better off applying for a K-1 (Fiancee) visa.

I am too a careful person so even if we both want to get married and live together, hopefully the time you are together will be exactly what you hoped for, there is always the possibility it won't work out of course. I'm just a realistic person, and I am leaving my life behind to live in another country. This is the best statement I read on this post. We have many and I mean MANY cases here of people who came, married someone and the marriage fell apart in a few months and people start posting threads that are titled "Divorced & Green Card" and such. The best and safe thing to do is come here with a K-1 visa and marry him, then file for AOS.

Well, I hope somebody can shed some light here, I'm sure I will have more questions coming. :)

Char
Click to expand...

Best wishes for you and your soon-to-be. :)
 
Thank you for the information and I assume that the K-1 visa would be the best for us then? How long would that take and if it is approved, do you have to fill in this I-130 application form or is it excluded since they know you are coming over with the intent to marry and stay in the States?
My intentions are pure and based on love, and I could of gotten a GC a long time ago if this was the case, I was married to a US citizen for 7 yrs but he was willing to move to me instead of me coming over to the US.

Char
 
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Texas women make good wives too. :)

Denmark is an awesome country, scandinavian07. Was there to visit Legoland in Billund some 22 years ago, left a lasting impression on me. Especially y'alls bright red sausage! Since I was heavily into Disney comics at the time I become known as Anders And within the group of travellers we were traveling with.

Aaanyway ... K-1 or K-3 sound like the best ideas to me too. For K-1 (alien fiance), you'd have to wait with the wedding until your K-1 status is approved of course, and you have to get married within 90 days after admission to the US I believe.
 
That is correct, the K-1 holder has 90 days to marry after entering the US. But they also get permission to work right away ;) (i think).
 
A K-1 I-94 indeed is authorized to work. However the I-94 does not state that and a lot potential employers still demand an EAD. There is a USCIS memo that K-1 status holders can produce which details their work authorization.
 
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