Which way to go?

[Anahit]

An 18 year old U.S citizen, who was visiting her home country, fell in love, and wants to marry an alien. She called me for an advice, but I've never dealt with it before.
What choices does she have? Is it easier/faster to petition for a fiance or a spouse?
Should she come back, then start the process here?
Please advise!
Thank you.

 

[Suzy977]

An 18 year old U.S citizen, who was visiting her home country, fell in love, and wants to marry an alien. She called me for an advice, but I've never dealt with it before.
What choices does she have? Is it easier/faster to petition for a fiance or a spouse?
Should she come back, then start the process here?
Please advise!
Thank you.

Assuming you're talking about your daughter, I'm asking you: Isn't to fast (only after a visit) to fall in love...and isn't to soon (being only 18) to get married?***

Answering to your question: I believe the legal approach is to petition a fiance visa.
The fastest, not necessarily 100% legally right, is to bring the future husband here and marry him, and file for I-130 and adjustment of status.


***Please don't be offended, I'm not getting judgemental I just expressing my friendly concerns/opinions...especially when I know that people back, in our old countries are "falling in love" very fast with anything and anybody with an American Passport

 

[Anahit]

Assuming you're talking about your daughter, I'm asking you: Isn't to fast (only after a visit) to fall in love...and isn't to soon (being only 18) to get married?***

Answering to your question: I believe the legal approach is to petition a fiance visa.
The fastest, not necessarily 100% legally right, is to bring the future husband here and marry him, and file for I-130 and adjustment of status.


***Please don't be offended, I'm not getting judgemental I just expressing my friendly concerns/opinions...especially when I know that people back, in our old countries are "falling in love" very fast with anything and anybody with an American Passport

O, NO, she is not my daughter. My younger daughter is turning 20 soon, and she is not going to get married at least in the next 2 years, I hope.
I absolutely agree with you, but she obviously made up her mind. We're still trying to make her see things more clearly, and think about the consequences of her actions...
Thanks for your concern, and your response.

 

[ocworker]

An 18 year old U.S citizen, who was visiting her home country, fell in love, and wants to marry an alien. She called me for an advice, but I've never dealt with it before.
What choices does she have? Is it easier/faster to petition for a fiance or a spouse?
Should she come back, then start the process here?
Please advise!
Thank you.

depending on if she can file a DCF in her home country, and what kind of restriction might have for the DCF approach.

if she files a petition for a fiance, once the application is approved, her fiance would need to come to US, and get married within 90 days. Then a girl would have to file the other paper work (which i am totally unfamiliar with them).

If she files a petition for a spouse; and if she would file the DCF, she could do it in her home country provided she has all required documents.
to do DCF for spouse, she needs to file one I-130 and G-325A. Her husband needs to file a G-325A for himself too. they would submit to the local US embassy with required documents. she should check with the US Embassy there.

Either way, she would have to submit the documents to prove she can support her husband in US financally.

I do not know why Suzy excludes getting married and file the spouse for immigrant visa is not part of the "100% legal" way to do that.

both ways are 100% legal if the marriage is legal, and she has met that guy 2 yrs prior filing the finace petition.

 

[Anahit]

depending on if she can file a DCF in her home country, and what kind of restriction might have for the DCF approach.

if she files a petition for a fiance, once the application is approved, her fiance would need to come to US, and get married within 90 days. Then a girl would have to file the other paper work (which i am totally unfamiliar with them).

If she files a petition for a spouse; and if she would file the DCF, she could do it in her home country provided she has all required documents.
to do DCF for spouse, she needs to file one I-130 and G-325A. Her husband needs to file a G-325A for himself too. they would submit to the local US embassy with required documents. she should check with the US Embassy there.

Either way, she would have to submit the documents to prove she can support her husband in US financally.

Thanks, ocworker.
I understand, the girl's aunt is going to sponser him.

 

[ocworker]

Thanks, ocworker.
I understand, the girl's aunt is going to sponser him.

I believe if she wants to go to the easy path, file the fiance visa, and marry in US, and do all other paper work.

I had to face the same decisions 2 months ago. I decieded to marry with my girlfriend in her home country, and I filed the I-130 via DCF. She got the packet3 and mailed back. she is waiting for the interview letter and medical exam info. etc.

at least, when my wife comes to US, she would have the greencard and she would work, travel, and etc without too much restriction.

 

[Anahit]

I believe if she wants to go to the easy path, file the fiance visa, and marry in US, and do all other paper work.

I had to face the same decisions 2 months ago. I decieded to marry with my girlfriend in her home country, and I filed the I-130 via DCF. She got the packet3 and mailed back. she is waiting for the interview letter and medical exam info. etc.

at least, when my wife comes to US, she would have the greencard and she would work, travel, and etc without too much restriction.

I appreciate your input!
Can't your wife come on K visa?

 

[ocworker]

I appreciate your input!
Can't your wife come on K visa?

she could come to US on a K-visa. However, we decided not to go on that path. it is because it might result the similar wait till for the K-visa vs Immigrant Visa for spouse. The benefit for getting her on Immigrant visa (IR1 / CR1) is she gets her (conditional) green card once she comes to US. So we would not have to go thru all AOS again (mostly AOS would take much longer than DCF).

the DCF processing seems pretty fast on her case. The I-130 was approved within 5 business days. They sent the packet 3 to her right the way. We were just holding on for some personal reasons for not send back to them. However, we decided to send back the packet3 for interview few days ago. we would expect to receive an interview notice from the AIT within 2 weeks.

 

[Anahit]

she could come to US on a K-visa. However, we decided not to go on that path. it is because it might result the similar wait till for the K-visa vs Immigrant Visa for spouse. The benefit for getting her on Immigrant visa (IR1 / CR1) is she gets her (conditional) green card once she comes to US. So we would not have to go thru all AOS again (mostly AOS would take much longer than DCF).

the DCF processing seems pretty fast on her case. The I-130 was approved within 5 business days. They sent the packet 3 to her right the way. We were just holding on for some personal reasons for not send back to them. However, we decided to send back the packet3 for interview few days ago. we would expect to receive an interview notice from the AIT within 2 weeks.

Good luck to you!