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Fiancee & spouse visa

The answers to the most frequently asked questions

Maria ZarakhovichQ: How to start applying for fiancee visa? I tried to go on the INS web site but couldn't find anything helpful.

A: The general requirements of law are that you have met your fiancee in person at least one time; that your marriage would not be incest, that both you and your fiancee are able to enter a lawful marriage (and are not married to other random people); and that you will be able to support and maintain your fiancee financially in the United States; and some others. The process has two steps. First your petition packet is approved within the United States by the US CIS. Then the approval is cabled to the consulate near your fiancee. The process is completed in the consulate overseas.

Q: My Faience is in Finland. I met my faience online and she has visited me 2 times in the last year. We want to be together as soon as possible. What is the best way to go about this? All info I have found is written so that only a lawyer can read and understand. What kind of Visa is needed and how long do we have to wait to be together? Any information you can give me would be greatly appreciated.

A: The visa you are looking for is K-1, fiancee visa. The overall processing should take between 2 and 8 months. There is a wealth of information available at www.uscis.gov, under "How Do I". You can also read the instructions on form I-129F. The information on this web site and on the form is pretty easy to follow.

Q: My fiancee got a B 2 visa to come to visit me after our K1 visa application. Now the1-129 petition has been approved. My question is if we got married in US and cancel our K1 visa application how big the chance is she can change her status successfully?

A: You may want to consult with a competent immigration attorney regarding this issue. Generally, those who obtain B2 must prove that they have no intent to remain in the United States indefinitely as an immigrant. Those who ultimately enter the US, meet someone, date, fall in love and marry are not in danger of getting in trouble for fraud. Those who simultaneously obtain a B2 and an approval of 129F seem a bit more at risk. In the past, this might not have mattered much. Given today's anti-immigrant climate, you may want to obtain a consultation as to the best, safest way to proceed.

Q: My boyfriend is in the Philippines. I met him when I once visited Philippines and I visited him 2 times in the last 2 years. We want to be together as soon as possible. What is the best way to go about this? Is it easier to bring him to the United States if I marry him in Philippines or is it easier to apply for a K1? How long do we have to wait to be together if I marry him in Philippines and bring him here in USA? Does it takes longer than a K1? Can you tell me which one is easier and quicker? Any information you can give me would be greatly appreciated .Thanks a lot.

A: Assuming that you are a US citizen, it is best to petition for the K1 visa. The priority times for Philippines are backed up beyond belief. You will be much better off seeking K1. Approximate processing times are as follows: 6 months to get the petition approved; approximately 6 to 10 months for the rest of the process. A spouse petition could take between 3 and 5 years.

Q: I am preparing a I-129F for a K1 and K2 for my Russian fiance and her daughter. While this petition is pending can my fiance apply (and get!) a B2 visa? She currently has (for another 3 months) a B2 (1 year/multiple entry) with which she has successfully entered and exited (back to Russia) 3 times (she's going to enter and return a fourth time before it expires). Given this good record will they give her another B2 while the K1/K2 process unfolds (and while her daughter finishes going to a good school in Russia)?

A: No

Q: I have traveled to Russia two times. Once 5 years ago and also just last month ago. I met my fiancee during my first visit but she was about to be married to a Russian man. Her marriage ended after one year. I recently found her 9 months ago and we speak by phone everyday. I spent August with her. We would like to get married. She first needs to get permission to take her son out of the country. I am going back to Russia for the holidays. Would it be better to get married there and apply for an immigration visa or apply for a fiance visa. Which is easier and faster. Of course, we will not do either until she gets documents about her son

A: There are several options available to you. One is the fiancee visa, which doesn't take a lot of time, but requires that her son is not subject to any exit restrictions. Another is a similar visa for wives of US citizens and takes roughly the same amount of time as the fiancee visa. If the custody issue takes longer than expected, consult an immigration attorney to discuss your other option: you can initiate a more lengthy process which would get her and the son the green card but will require a lot of time.

Q: I met a wonderful Russian lady that I care for dearly. We are a 9 on a scale of 1 to 10 with 10 being the best. We are planning to meet early next year to plan our future and arrange our marriage. I have heard many opinions from different people on marriage. Is it easier to bring your wife to the United States if you marry in Russia or is it easier to apply for a K1 and wait? I have heard that it might take longer if you marry there and then apply to bring her back to the United States. I feel that it would be nice to marry there so that her family and friends could enjoy the occasion. We could repeat our vows here once she arrived for my family and friends.

A: Processing times may vary depending on where exactly she lives and which service center you filed the petition with. You do have several options available to you, which you should discuss fully with an immigration attorney.

Q: Is there any possibility to apply a fiancee visa for her since she was deported from USA? I would like to know about the information in regards with this kind of matter.

A: It depends on when and why she was previously deported. You need an immigration attorney to assist you.

Question: Does a felony drug charge disqualify me from bringing a fiancee to the U.S.?

Answer: It does not disqualify you from successfully petitioning for a fiancee.

Q: Does my girlfriend need a fiancee visa (to get married to a USA citizen), if she has already visited the USA many times and has a valid visitor visa?

A: If she already has a valid B1/B2 visa, she may use that visa to enter the US instead of asking for another one. This holds true in your specific situation only because she has already traveled on that visa before. Generally, the US government may prosecute a person for fraud or misrepresentation if the visa regime is violated. If one obtains a tourist visa with the purpose of entering the United States and remaining there indefinitely, one violates the visa and is subject to criminal and immigration consequences. However, where one obtains a tourist visa and uses it for tourism several times, then falls in love in the US and reenters on the same visa to marry, it is permissible to change the status within the United States. This is probably a much longer answer that you bargained for, but this is also why you should retain an immigration attorney to assist you.

Q: Is this possible if you were recently approved for K1 by BCIS, but have not been able to get the State Department to schedule an interview? Should I cancel the K1 application first, or can I leave that pending for the six months we're waiting to submit our DCF paperwork?

A: Yes, it is possible. You may want to retain an immigration attorney who could determine what the delay is attributable to. The State Department may have lost the approval in its system. On the other hand, some consulates are extremely backed up and are unable to schedule appointments promptly.

Q: What documents are needed, in addition to what we submitted for the successful I-129 application? (Police report etc)

A: What documents are needed for what? Assuming you are talking about K-1 processing, then whatever the embassy asks for. The documents will be listed on the form that you will get from the embassy/consulate. The list is not a suggestion. They really mean everything.

Q: If my Russian girlfriend is in USA on work/study visa what is the best way to pursue her getting a green card through our marriage and living with me in the states? If we get married while she is in USA, do I then apply for K3? And will she= have to leave should her work/study visa expire and the K3 visa is still in process?

Q: K-3 visa is meant for those spouses of the United States citizens who are overseas at the time of filing. If the woman is already here, she would need to reenter with a K3 only if she elected to depart after her J1 expires.

A: You should consult with an immigration attorney to explore all of the options available to you and pick one that fits your situation best.

Q: My wife and I were married in Virginia in September of last year. She is from Russia. We made a very difficult decision in October. See, she had only one year remaining at her University to obtain her diploma. We first thought that she should just stay in America and let her work visa expire while we wait for another visa to be approved. Since we got married it would have been easy to keep us together and her here, but instead we decided that she should follow the restrictions of her J type visa and return home to finish her final year at her university. We love each other very much and lived together for several months before getting married. I've traveled to Siberia to visit for the holidays and to meet all of her friends and my new family. we have both been extremely busy with studies and work. I don't know very much about the procedures we should follow. Everything I read about online is dealing with people who aren't yet married. We ARE married and wish to be together as soon as possible. Is there any way to get her back here to me soon? Is it possible
to get permission for her to wait here with me while the petition is being reviewed and ultimately approved?

A: It depends on whether or not she is subject to the two-year foreign residency requirement. If she is, you need to file a family petition together with a waiver request. If she is not, then just the family petition. You should hire an attorney to assist you in this case, because it is not as simple as it seems.

Maria Zarakhovich, is licensed by the Florida Bar and practices immigration, family and federal criminal law. The answers to the reader's questions do not constitute specific legal advice, are not intended as such, and are only intended for general information, guidance, and education of the public. Every situation is fact-specific and requires a full consultation with an attorney. An answer to your question does not form an attorney-client relationship or an attorney-client privilege in any way.

 

Useful links:

  • Petition for Alien Fiance Visa Kit - A citizen of the United States may file this form to petition to bring your fiancé(e) and that person's children to the United States for the purpose of marriage.
  • Green Card by Marriage Kit - A citizen or lawful permanent resident of the United States may file this form to establish the relationship to certain alien relatives, in this case a spouse (husband/wife) who wish to immigrate to the United States.
  • Green Card by Family Sponsorship Kit - A citizen of the United States may file this form to establish the relationship to certain immediate alien relatives (unmarried son/daughter under 21 years of age, or married child of any age; brother/sister if petitioning citizen is 21 years old; mother/father if petitioning citizen is 21 years old; husband/wife) who wish to immigrate to the United States.
  • Russian Fiancee K1 Visa Kit - Complete Fiancee Visa Kit For With Specific Details For Women Of Russia And Former Ussr.
  • LegalMatch - Our mission is to help you find a trustworthy, competent lawyer who cares about you and your matter and has the proven expertise to provide excellent service.

 

 

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