bstes

hi everybody,

i'm sorry to bother u yet again, but i'm trying to get an idea of all the options.

If me and my gf decided to get married while i'm in the US, can we apply for a spouse visa while i'm in the us?
And am i right when i say that if we can do that...that the application is forwarded to my embassy? If so...how long does it take....and do i have to be in belgium the whole time the application is running?

any additional information is always welcome,

Bart Stes
madly in love with a us citizen

Ticket To Us

In article ,
bstes wrote:
    > If me and my gf decided to get married while i'm in the US, can we apply
    > for a spouse visa while i'm in the us?
    > And am i right when i say that if we can do that...that the application
    > is forwarded to my embassy? If so...how long does it take....and do i
    > have to be in belgium the whole time the application is running?
    >
You can only file an I-130 directly to a consulate IF you are INSIDE
that country and the US citizen is also INSIDE that country. You have to
do it IN PERSON.

If you want to stay in the US and not return to Belgium, you can marry
and file I-130 and I-485 right now while you are in the US. If you want
to do the spouse visa through Belgium consulate, BOTH of you will need
to go there to do it. It may involve a few weeks to get the visa, but
you should ask yourself if it is worth it to you. From the standpoint of
immigration, it is the quickest way to get a green card that there is,
however.
--
US Ticket

Rete

Marriage in the US and remaining

If you were to enter the US under the VWP and marry your girlfriend, you have the option of filing the I-130, I-485, and host of other documents at the local INS office and staying here for the entire processing. You do not have to go back to Belgium to complete anything at all.

There are pitfalls to the above scenario, such as:

1. You committed any type of fraudulent act, physical or verbal, at the POE when entering. Might well result in denial of adjustment.

2. If you are not in a "speedy" INS office location, you might not be able to work for a maximum of 90 days aftering filing, as INS can take this long to set up your "interview" for getting your employment authorization document.

3. Without employment authorization you are not eligible for a social security card. Without the social security card, you will run into problems (which might or might not be surmountable) when trying to get a bank account, driver's license, credit card, etc.

4. You cannot leave the country and return to it without advance parole. A/P is only issued when you have applied for it either the same time as you apply for Adjustment or after and can take up to 90 days or more to obtain. If you leave the country without it, your application for adjustment is considered abandoned. So if you have loose ends to tie up in Belgium after your marriage, you won't be able to do that for a month or more.

Now here is a different scenario, marriage and DCF

You come to the US, marry and leave. Your wife can then fly with you back to Belgium and file for your permanent residency at the US Consulate there. She will file the I-130 and I-864 affidavit of support. The US Consulate will give you a checklist outlining the documents you need to have before they can do the interview. Wifey returns to the US or remains with you, doesn't matter as she is no longer needed in Belgium by the US Consulate. After you have your medical, your police clearance, your long form birth certificate and whatever other documents are required, you send the checklist back to the Consulate and they will schedule an interview. At the interview you will be questioned, not difficult questions, and if approved you can leave that afternoon for the US and at the POE your passport will be marked with an I-551 stamp. You are now a permanent resident of the US. You can work as soon as you have a social security card which you can apply for the moment you are out of the airport. You can travel without having to get special "permission" and remain outside of the US for 6 months or more but less than a year. You can get your driver's license asa you have your social security number. And you will not have to deal with INS for another 2 years.

And yet again, another scenario: Marriage in the US, return to Belgium, Wait out I-130/K-3 processing

After your US wedding you return to Belgium all by yourself. Wifey files the I-130 at the Service Center for you and when she gets the first Notice of Action she files the I-129F at the Chicago address and it is forwarded to Missouri and after approval it is forwarded to National Visa Center and after their okay it is forwarded to the US Consulate in Belgium and then...guess what? You will have to do all the things you would have had to do for the DCF, i.e. medical, police clearance, etc. but you will NOT enter the US as a permanent resident. You will enter the US as a K-3 visaholder and still have to apply for permission to work and adjustment of status.

Seriously here, these are your options (minus the K-1 scenario) for marriage first. Now anyone can tell you which of the three is the best scenario for someone in your position. Don't think you need to be Einstein to figure it out.

Rete

nat

What happens in the third scenario (getting married and leaving US and then applying for K3 and awaiting the I130/K3 process from alient's country) if you have lied at the port of entry? ie immigration officer asked if you planned on getting married and you denied it. Do they make notes of this on their computers? What questions are asked at the K3 interview?

Rete

Yes they make notes. And no it will not affect you because you have left the country and applied for permission to re-enter the US with a legitimate spousal type visa.

Not many US Consulates interview for K-3 visas. Usually first world countries will just process the K-3 through the mail system.

Rete

Jadm

when you marry a USC in the USA (yes you can on spur of the moment)
you will have to remain here and adjust your status (AOS).... took my
UK husband about 8 months with VT service center*