andiclare

I'm new to all of this so I'll just introduce our situation and see if anyone can offer any advice or point us in the right direction.

I live in Texas and my fiance is in the UK. He's planning on moving here in Nov. and we are getting married on Nov. 7. Then in early December we're moving to Kansas to be near my family. (We're Catholic and we've already been approved for marriage in the Church and have completed the interview, pre-marriage preperation, etc.)

So...We're wondering the best way to go about this. It seems like the most straightforward way for my fiance to move here would be for me to file a Petition for Alien Fiance and then get a K1 visa for him. I have a couple of questions...

First, does anyone know if the $460+ fee can be waived or lowered possibly? Like, what the requirements are, etc.? We are very poor and have been saving money mostly for his plane ride here and for the move and getting set up in an apt. so we can find jobs once we arrive in Kansas. We are having the smallest, cheapest wedding ever so there are no financial corners to cut as far as the wedding.

My other question is if there is any other feasable way for my fiance to get his green card. For instance, could he come over on a visitor or temporary work visa and then once we get married we apply for a change of status? Or is that illegal?

Thanks so much in advance for any help/advice yall can throw our way!

henryh

I'd love to be corrected, but I don't think there is any way to get the fees waived. Also have you looked at the financial requirements for sponsorship? (I-864 and I-864P ) You might need a co-sponsor, which can be any US Citizen or LPR and is typically a friend or family member.

Noorah101

Hi, and Welcome to BE.

You mean you HOPE he will be moving here by November. Even if you file the I-129F now, in May, it can take between 6 - 8 months for the K-1 visa process, if everything goes smoothly. If you hit any snags, it could be longer. So don't make a definite November 7th wedding date, that cannot be changed if need be. Don't spend any money on the wedding which can't be refunded. Don't book anything that cant' be cancelled or re-arranged.

If you want him to come to the USA as your fiance, get married in the USA, and then have him remain in the USA after the wedding, the K-1 visa is your ONLY option.

I believe it is possible to get the filing fee waived, but you will have to google the requirements. I know it's very difficult, and you'll have to put together a rather detailed package of information as to why you cannot pay the fee. Just so you know, the I-129F filing fee is just the first part of the process. He will need money in the UK to get his medical done and pay for his non-immigrant visa. Also, after he arrives in the USA, he will need to apply for his adjustment of status, which is another $1,010 fee. Immigration is not cheap. Also, as someone else mentioned, make sure you have a joint sponsor for the I-134 and I-864 affidavits of support.

It is illegal for him to come to the USA as a visitor, with the intent to remain in the USA and adjust status to permanent resident.

As far as a work visa, does he qualify for one? If he wants to get some kind of work visa, it's FAR more difficult to get than the fiance visa, and takes FAR more time...he wont' be here by November on a work visa.

The only other option would be to have him come over on the VWP in November, marry you, and then return to the UK for his spouse Immigrant Visa processing, which takes about 8 - 10 months.

Best Wishes,
Rene

henryh

Not necessarily true. H-1Bs are still available and would allow entry on or after Sept 20th this year. But the qualification requirements are quite tough and he would need a US firm to sponsor him.

andiclare

thanks so much for the replies!

Noorah101

Here's a link to the information on the fee waiver: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

Rene

andiclare

Ok since I posted this morning I've spoken with the Immigration dept and we have a tentative plan set up. My fiance has a Visa waiver so the representative we spoke to seems to think it'd be best if he comes here on the Visa waiver, we get married, and then I petition for an I130 for a relative.

The rep is sending me the immigration package now with all the forms we'll need and also instructions for a fee waiver, which we really need but we understand they are difficult to obtain so we're not counting on anything.

andiclare

Thank you Rene

Noorah101

..... and then go back to the UK to process the Immigrant Visa, right?

Rene

meauxna

Do you understand the consequence of that? That your new husband will have to leave the US while waiting for an Immigrant Visa (he will be invited to apply for the iV after your I-130 is approved). The I-130 does not give him permission to stay in the US, even if married to a citizen.

andiclare

^^ hmm...well I don't know. The immigration rep. said that my fiance could stay in the country while we're waiting for the change of status application to be accepted (or denied)...

meauxna

You did not mention a 'change of status' application (the term for a family member is actually 'adjustment of status'.

It's a shame that the contract workers there continue to give out such incorrect information; people expect to get the right answer when they call an official office. Unfortunately, they've earned the nickname MisInformation Line.

Why do you think there are visas specifically for the purpose that you want, but if you don't feel like it you could just skip it? I mean, really think about it.

You should know (you're not going to like any of this, I know), it is illegal for a person to come to the US as a visitor (VWP incl) or other non-immigrant with the intent to immigrate on that visit.
That is, it's illegal to move here from the VWP when you intend to stay and file an adjustment of status.

Noorah101

OK, that is the illegal thing you asked about in Post number 1, and I answered in Post number 3.

It is illegal to use the VWP with the intent to marry and remain in the USA to adjust status to permanent resident. Unfortunately, USCIS 800-number employees, and even some lawyers recommend this method, even though it's not the correct route.

Make sure you know all the risks involved with this method, such as....your fiance should not lie at the POE, and if it comes up at the AOS interview that he misrepresented his intent at the POE, he can be denied his green card, and sent back to the UK. This can come back to bite you at any stage of the immigration process, even if he manages to get his conditional green card - it can still come up at the removal of conditions phase or the naturalization phase.

My layman's advice is not to go this route. Do either a fiance visa or an immigrant visa.

Rene

andiclare

This is all so confusing. Seems like there's an "official" route and then an "unofficial" route and the two reps I talked to today laid them both out side by side like they were both valid options.

Being new at this, I tried to get them to recommend one to me but they both said that they couldn't tell us what to do...they could only show us the options.

Most of the people who live in my neighborhood (in Central Texas) are Mexican nationals and as far as I can see they just come on over and there's a whole sub-culture already set up to help them get by illegally in society, without having to have proper ID, a grasp of the English language or the legal authorization to work and pay taxes here. Maybe that's why the USCIS reps gave me the options they did...maybe they assume that we're planning on manipulating the system because that's what so many people do anyway?

That's sort of frustrating to see, since from the start my fiance and I never considered doing this any way but the "right" way.

Thanks again for all the replies, we will consider all of these things yall have said.

Noorah101

Actually, there's a couple of legal routes, and one illegal route. The choice is yours to make.

Don't listen to the USCIS phone reps. They are not immigration lawyers, and they actually know very little about immigration. They are just contract workers to answer the phones and read from scripts regarding the most basic of questions. Do not rely on their advice.

If you really want a legal opinion, have a 1-time consultation with an immigration attorney. The attorney might also recommend the illegal route, we've seen it before. That doesn't mean you should take that attorney's advice, either.

Rene