Visa Help - Fiance in Germany - i am very confused

[JAYIT78]

My fiancee' and I are planning to get married hopefully in February. She lives in Germany and I live here in Texas. We were going to use the K-1 visa and she was just going to sit and wait there in Germany for 6 months to a year or however long the process takes. We have not applied for the K1 yet because the german consulate told us the customs officers at the airport will deny her entry into the US when they see she has a visa pending. She is going to visit in February and then I am going to file for the best possible visa. Does anyone know if she flys here in February just for a visit under VWP if it is possible if we can just get married here in Texas and use the K-3, CR-1, or IR-1 visa. It is very hard as it is to sit and wait and it seems no one at the consulate in Germany wants to help or if giving us differing answers. All of the immigration forums I have been to seem to offering different advice and this is a very important decision. When she leaves she for good she will have no job and no place to live if she is deported. She and her 5 year old daughter were wanting to wait here while the visa was being processed since the wait times are so extensive. The material I have looked up is a little confusing. I think the K-3 says she can move here while the visa is pending. I have also heard since the K-3 is a non immigrant visa she can only come to the US after the visa has been approved but wait here while her permanent status is pending. I am so confused can anyone shed some light on this for us. We are both honest people we are not trying to break any laws we just want to do the right thing and we want to be together.

It gives me a headache to write that I thank ya'll for taking the time to read it

 

[elcupacabras]

Hi there.
First question you need to ask yourself is whether you want to be separated as either a married couple or as an engaged couple as all of the visas you mention (K1, K3 and IV) require that the beneficiary retrieve their visa through an interview in their home country. For all those visa the beneficiary (your fiance) cannot move over to the States with you....yes they can visit using the Visa Waiver Program and then return back to their home country when their 90 days are up, but they cannot move over....no visa allows you to move over whilst the visa is pending. Regarding visiting whilst a visa application is in process, then yes, this is possible. Many people have done it. I have known of many people who are in the process of a K1 fiance visa who have gone over to the states to visit their fiance....if your fiance wants to do this then she will have to have evidence on their possession showing that they have intent to return back to Germany (lease/rent agreements, letter from employer, car payments/contract etc) so it is possible. It is also possible for your fiance to go over to the States and marry you on the VWP, begin the K3 application and then return back to Germany once her 90 days are up. The only downside of this is that the wait time for a K3 visa is longer than a K1....added to that that you cant apply for a K3 visa until youre married, whereas you can apply for the K1 right away. Just bear in mind that there is no guarrantee that your fiance will be admitted into the states whilst the K1 petition is in process (it is entirely up to the discretion of the POE officer....though this will always be the case whether a visa application is in process or not). Also, if you go for the K3 visa if you chose to marry on their next visit to the States, if your then spouse wants to visit you whilst the K3 is waiting for approval (roughly 10 - 12 months for approval.......8 - 10 months for K1) your spouse's application will also be in the system and they may have to prove their intent to return home upon entry (your spouse will be able to stay in the States up until their 90 days of the VWP expires....then they will have to return back home). Therefore chances of being admitted are roughly the same regardless of whether youre applying for K1, K3 or IV.
If I was to give my personal opinion, then I would say go for the K1 visa 'now'. This visa has by far the shortest waiting time and your fiance is still able to visit, but like I said, must have proof on them to prove that they are going to return home when the VWP expires. Im currently in the process of a K1 visa and stuck in the UK waiting for approval....we chose it cos my fiance wants me over with him asap and so this was by far the best option. By all means, have your fiance come over and marry and go for the K3, but that gives an estimated time for them to come over to the States for a permanent move over roughly around Feb 2009. But thats just my opinion.
You mention the CR-1 and IR-1....the CR-1 is the 'better' version of the K3 as this requires no adjustment of status therefore if you went this route after marriage, your then spouse would enter the States (after the application of course- just like the K3) as a Greencard holder.......IR-1 is for couples who ahve been married 2+ years in which they foreign spouse then gets an unconditional Greencard. So if you were going to do the marriage in Feb, I would recommend the CR-1 over K3 (much less hassle upon arrival in the States- though foreign spouse still needs to return home at the end of their 90 days).
Good luck. Feel free to ask any other questions.