Faster: Fiance or Spouse?
Nov 30th 2002, 9:53 pm
#1
Guest
Posts: n/a
Faster: Fiance or Spouse?
Hello I was hoping for some advice. I live in Boston and my girlfriend came
to the USA as an Au Pair (she does not have the 2 year rule applied to her).
We met in June and have fallen in love & want to spend our lives together.
Her Visa expires on Jan 9th and she has to go back to Ecuador by February
8th (she is leaving Feb 6th). She wants to go home to see her family and I
am planning on visting her in April & then I would like to bring her back a
few months after that. The question is... Would it be better for us to get
married when I go to see her in Ecuador (her parents are hoping for this for
religious reasons) and then bring her in as a spouse or would it be easier
to NOT get married & then bring her in on a fiance visa? Even if we do get
married in Ecuador we would have a marriage in the US as well for my family.
My other more important question is this.... I am already getting all the
paperwork together. Now if I file it in February when she leaves and we
plan on getting married in April, which form should I file? Because
technically at the time I file we will not be married but by the time she
comes here we will be. I would just like to avoid any problems in the
future and help things go as smoothly as possible. Any input would be
greatly appreciated. You can post here or email me directly:
[email protected]. Thanks! -Rich
to the USA as an Au Pair (she does not have the 2 year rule applied to her).
We met in June and have fallen in love & want to spend our lives together.
Her Visa expires on Jan 9th and she has to go back to Ecuador by February
8th (she is leaving Feb 6th). She wants to go home to see her family and I
am planning on visting her in April & then I would like to bring her back a
few months after that. The question is... Would it be better for us to get
married when I go to see her in Ecuador (her parents are hoping for this for
religious reasons) and then bring her in as a spouse or would it be easier
to NOT get married & then bring her in on a fiance visa? Even if we do get
married in Ecuador we would have a marriage in the US as well for my family.
My other more important question is this.... I am already getting all the
paperwork together. Now if I file it in February when she leaves and we
plan on getting married in April, which form should I file? Because
technically at the time I file we will not be married but by the time she
comes here we will be. I would just like to avoid any problems in the
future and help things go as smoothly as possible. Any input would be
greatly appreciated. You can post here or email me directly:
[email protected]. Thanks! -Rich
Dec 1st 2002, 12:15 am
#2
Guest
Posts: n/a
Re: Faster: Fiance or Spouse?
One of the requirements of the fiance visa is that the fiance is not married
on entry to the USA. If you are married at the time of her entry you have no
choice but to go the K3 spousal visa route. So you file based on what your
status will be at time of entry. I did K1 fiance so I don't know if its a
requirement to submit a copy of your marriage licence with your app if you
go for a K3 visa, if it is you will have to wait till after you married to
file the petition.
Fiance visa is typically quicker than the spousal visa at the moment but a
lot of that depends on your service center and consulate neither of which I
can give you any ideas on, hopefully someone else will.
If you take the fiance visa route you could have a religious ceremony in
Ecuador as long as it doesn't make you legally married. Then have your legal
wedding in the USA after she enters on the fiance visa.
Hope that helps a bit
Morkai
Rich Coloyan wrote:
> Hello I was hoping for some advice. I live in Boston and my
> girlfriend came to the USA as an Au Pair (she does not have the 2
> year rule applied to her). We met in June and have fallen in love &
> want to spend our lives together. Her Visa expires on Jan 9th and she
> has to go back to Ecuador by February 8th (she is leaving Feb 6th).
> She wants to go home to see her family and I am planning on visting
> her in April & then I would like to bring her back a few months after
> that. The question is... Would it be better for us to get married
> when I go to see her in Ecuador (her parents are hoping for this for
> religious reasons) and then bring her in as a spouse or would it be
> easier to NOT get married & then bring her in on a fiance visa? Even
> if we do get married in Ecuador we would have a marriage in the US as
> well for my family. My other more important question is this.... I am
> already getting all the paperwork together. Now if I file it in
> February when she leaves and we plan on getting married in April,
> which form should I file? Because technically at the time I file we
> will not be married but by the time she comes here we will be. I
> would just like to avoid any problems in the future and help things
> go as smoothly as possible. Any input would be greatly appreciated.
> You can post here or email me directly: [email protected]. Thanks!
> -Rich
on entry to the USA. If you are married at the time of her entry you have no
choice but to go the K3 spousal visa route. So you file based on what your
status will be at time of entry. I did K1 fiance so I don't know if its a
requirement to submit a copy of your marriage licence with your app if you
go for a K3 visa, if it is you will have to wait till after you married to
file the petition.
Fiance visa is typically quicker than the spousal visa at the moment but a
lot of that depends on your service center and consulate neither of which I
can give you any ideas on, hopefully someone else will.
If you take the fiance visa route you could have a religious ceremony in
Ecuador as long as it doesn't make you legally married. Then have your legal
wedding in the USA after she enters on the fiance visa.
Hope that helps a bit
Morkai
Rich Coloyan wrote:
> Hello I was hoping for some advice. I live in Boston and my
> girlfriend came to the USA as an Au Pair (she does not have the 2
> year rule applied to her). We met in June and have fallen in love &
> want to spend our lives together. Her Visa expires on Jan 9th and she
> has to go back to Ecuador by February 8th (she is leaving Feb 6th).
> She wants to go home to see her family and I am planning on visting
> her in April & then I would like to bring her back a few months after
> that. The question is... Would it be better for us to get married
> when I go to see her in Ecuador (her parents are hoping for this for
> religious reasons) and then bring her in as a spouse or would it be
> easier to NOT get married & then bring her in on a fiance visa? Even
> if we do get married in Ecuador we would have a marriage in the US as
> well for my family. My other more important question is this.... I am
> already getting all the paperwork together. Now if I file it in
> February when she leaves and we plan on getting married in April,
> which form should I file? Because technically at the time I file we
> will not be married but by the time she comes here we will be. I
> would just like to avoid any problems in the future and help things
> go as smoothly as possible. Any input would be greatly appreciated.
> You can post here or email me directly: [email protected]. Thanks!
> -Rich
Dec 1st 2002, 12:54 am
#3
Guest
Posts: n/a
Re: Faster: Fiance or Spouse?
You can not begin the K-3 process until you have a valid marriage certificate.
So you would not be able to get a jump on the process that way. The Service
Center in Vermont where you would file either the I-129 F for a K-1, or the
I-130 for the K-3, is historically the fastest of the Service Centers. I've
noticed lately that that might not be the case now (I've not really kept up on
this as I am past this part of the process) it is something to check out.
It sounds like the best thing to do is what Morkai suggested. In your shoes I
would try to get a question to an attorney (perhaps one of the guys who post
here) just to be sure that the religious ceremony won't cause any problems for
the K-1 visa.
Good luck!
Marc
So you would not be able to get a jump on the process that way. The Service
Center in Vermont where you would file either the I-129 F for a K-1, or the
I-130 for the K-3, is historically the fastest of the Service Centers. I've
noticed lately that that might not be the case now (I've not really kept up on
this as I am past this part of the process) it is something to check out.
It sounds like the best thing to do is what Morkai suggested. In your shoes I
would try to get a question to an attorney (perhaps one of the guys who post
here) just to be sure that the religious ceremony won't cause any problems for
the K-1 visa.
Good luck!
Marc
