craic

Hello, everyone, hope you can help, I'm going mad over this whole issue!

My fiance is from South America, I'm a dual US/Irish citizen resident in the US. He's here visiting me on a tourist visa at the moment. We want to get married at the end of the year and are trying to work out (very quickly) where to do it.

Question:

I can't get a very clear picture of whether the K3 process is definitively shorter/less complicated/expensive than the K1 one. Anyone know? For family reasons, we would prefer to get married in Ireland or, as a second option, in his home country, but if K1 is much more straight forward, then we'd have to think about doing it here in the US.

Second question:

Have any of you K3ers married outside the home country of the foreign spouse? Will this create additional complications for us do you think? Would it be safer to do it down South American way?

Last question:

We have only one thing to fear with US immigration. Fiance got a five-year tourism visa in his home country earlier this year based upon false job credentials (we knew that as a student they would never have given him a visa). Could this come back to haunt us, even if he has left the US before we get married and apply for immigrant visa? I'm don't think they would find out, but it's a niggling worry....

Would really appreciate your advice - thanks a lot!

Craic

Rete

Either way it is going to be difficult for you and the wait will be long. The K-3 at the present moment is at a standstill. Read the posts on this newsgroup and other US immigration newsgroups and you will see the even if the K-3 is approved here in the US, that the wait for it to get to any other country other than Canada and the UK is months and months.

As you knew enough about the workings of the US Consulate in the South American country your fiancee comes from to allow and perhaps encourage him to commit a fraudulent act to obtain a tourist visa because otherwise he would have been denied, then you know that this act of fraud which is now documented by the US Consulate might well prove to have been written with his blood. Yes, it can come back and bite him in the arse. He will need to do a biographical form (G-325A). Either he tells the truth on that form or continues with the lie. Choice is his.

You can marry anywhere in the world if you want. Only the country you marry in can tell you if you are allowed to or not. INS doesn't care as long as your wedding is legally sanctioned.

If you go the K-3 route, figure at the present time that you will be married and living apart for about a 9 months to a year.

If you go the K-1 route so that you can marry in the US you will be together from the start of the marriage and can apply for advance parole for him so that you can go to Ireland for another wedding with your family, etc.

But with either visa you will have to deal with the US Consulate and the fraudulent statement he documented when he applied for his tourist visa.

Rete

craic

Rete, thanks ever so much for your post. I had no idea that K3 took that long - I thought that it was a much preferable option to K1. But let me ask - via the K1 route, will it not take 9 months (or however long) before we can get married?

It's hard to face up to being apart that long, although I know so many people have had to.

What if we were to tie the knot here (in a couple of months' time) and to apply for Adjustment of Status?

Thanks again!

Craic

Rete

A K-1 typically takes 3 to 6 months for completion. A lot depends on the service center you have to use and the US Consulate. Also figure into that timeline the documentation required by the foreign fiancee, long form birth certificate, police clearance if applicable, medical and if they have had any arrests during their lifetime the need to acquire court records and then the time needed for applying for and getting a waiver for the inadmissibility of the FA if the K-1 is denied because of the arrest record.

As for the K-3, it is a new visa and INS has opened one service center to handle all of the petitions. Imagine the hundreds of thousands of I-130 petitions out there in limbo and 2/3rds of all the petitioners have now applied for K-3's. The camel's back is breaking.

As for your second thought you can do that of course. He cannot leave the US until you have filed for his AOS after marriage and his obtaining advance parole. You can also file for his EAD so that he can get a social security card and work.

Rete

craic

This is all such a shock to the system. It sounds like tying the knot here without him leaving the country is going to be our best option. Would it be fair to say that his chances of attaining Adjustment of Status would be the same as getting a K1? It was not our intention to get married here when he came into the country. And can you give me an idea of how long AOS normally takes?

On the issue of our "fraud" (it sounds so awful! we just wanted to be able to maintain our relationship without leaping into marriage), will he be asked for tax forms or anything? I'm not sure tax forms even exist in Ecuador, at least not for anyone below the millionaire line....!

Thank you again,

Criac

Rete

No one can give you a timeline on Adjusting Status without knowing what INS office you will be using. Each and every district INS office has a different timeline for adjustment. In New York State, for example, we have three district offices, NYC, Buffalo, Albany. In NYC it takes approx. 18 months. In Buffalo approx. 4 months. In Albany approx. 6 months. In Boston approx. 8 months. In Phoenix, AZ approx. 4 years

He does not have to show income tax returns. If you were to marry here the issue of the fraudulent B-2 will most likely not be an issue.

You are the one that will have to be his financial sponsor via an affidavit of support (I-864) and show that you have income of 125% of the poverty guidelines and/or assets 5 times that amount. If you don't have the income and/or the assets you will need a co-sponsor.

My strongest suggestion is to go to this site and read about:

http://k1.exit.com/

Tourist Adjustment

You can also read about the K-1 and the K-3 and direct consular filing (not available in all countries). Get a handle on the different approaches and decide what is best for your case scenario.

Rete

craic

Rete,

That site has loads of info. But god help the people in Arizona. I'm in Washington DC - do you know if I can find a timeline anywhere for the process here? I've just done a news group search but didn't come up with anything.

I think that everything else is pretty straightforward in our case, but would you advise we contact a lawyer because of the job thing? It's a lot of money, but maybe better safe than sorry?

Thanks!

Craic

Rete

Go to the AOS experience page after my name and then to Arlington, VA. Believe that is the INS office you will be using even though the INS website says Washington, DC. The address is Arlington, VA on Fairfax Drive.

Bookmark the INS website as well. It is invaluable re forms and fees and field office information.

http://www.ins.usdoj.gov/graphics/index.htm

Rete