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Question: Fiancee in U.S. already

Question: Fiancee in U.S. already

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Old Dec 30th 2003, 6:28 pm
  #1  
Snowkid 23
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Default Question: Fiancee in U.S. already

Hi,

My fiancee is a Chinese woman, i'm an American citizen. She's working
here on OPT (temporary work permit). We plan on being married in June.
To prepare for this, I believe we need to fill out an I-129F (?), no other
forms seem to apply. The next step is then to apply for K-1 visa?

I'm not finding alot of information about fiancees who are already in the
U.S., but are not permanent residents.

Your advice is appreciated,

-Ben
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Old Dec 30th 2003, 7:55 pm
  #2  
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Default Re: Question: Fiancee in U.S. already

Originally posted by Snowkid 23
Hi,

My fiancee is a Chinese woman, i'm an American citizen. She's working
here on OPT (temporary work permit). We plan on being married in June.
To prepare for this, I believe we need to fill out an I-129F (?), no other
forms seem to apply. The next step is then to apply for K-1 visa?

I'm not finding alot of information about fiancees who are already in the
U.S., but are not permanent residents.

Your advice is appreciated,

-Ben
[email protected]

Generally if your fiancee is already here you can marry and then apply to adjust status. I don't know if her current work permit has any restrictions on doing this. You might look into seeing if there are any intent issues, etc associated with her permit. To go the K-1 route via the I-129f she would have to return to her home country to have the visa issued.

There might be people in this group who know more particulars on her OPT, maybe they can help out with any restrictions, etc.

MarDae

Best of Luck with whatever you decide!
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Old Dec 30th 2003, 8:22 pm
  #3  
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Default Re: Question: Fiancee in U.S. already

Originally posted by Snowkid 23
Hi,

My fiancee is a Chinese woman, i'm an American citizen. She's working
here on OPT (temporary work permit). We plan on being married in June.
To prepare for this, I believe we need to fill out an I-129F (?), no other
forms seem to apply. The next step is then to apply for K-1 visa?

I'm not finding alot of information about fiancees who are already in the
U.S., but are not permanent residents.

Your advice is appreciated,

-Ben
[email protected]
Hey there Ben!!

If she is in the country already, she will have to marry you, then apply for AOS, but I am not sure if she will be able to do so under the visa she is currently holding. If she has no restrictions.. go ahead and do it. As for the K1.. she needs to go back to her country to get it
Take care!
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Old Dec 30th 2003, 10:45 pm
  #4  
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Default Re: Question: Fiancee in U.S. already

Originally posted by Snowkid 23
Hi,

My fiancee is a Chinese woman, i'm an American citizen. She's working
here on OPT (temporary work permit). We plan on being married in June.
To prepare for this, I believe we need to fill out an I-129F (?), no other
forms seem to apply. The next step is then to apply for K-1 visa?

I'm not finding alot of information about fiancees who are already in the
U.S., but are not permanent residents.

Your advice is appreciated,

-Ben
[email protected]
Hi:

You have to provide more facts -- are you saying that her OPT on the F-1 expires in the near future and she will return to China? If that is so, you had better file the I-129F NOW and don't be so sure she will be back in June.

However, if the OPT expires April 2004 or thereafter, it pays to remember that F-1's have a 60 day grace period in status after graduation or completion of OPT -- no need to have her leave until you marry, file I-130/485 combined and get advance parole.
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Old Dec 31st 2003, 12:41 am
  #5  
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Default Re: Question: Fiancee in U.S. already

Originally posted by Snowkid 23
Hi,

My fiancee is a Chinese woman, i'm an American citizen. She's working
here on OPT (temporary work permit). We plan on being married in June.
To prepare for this, I believe we need to fill out an I-129F (?), no other
forms seem to apply. The next step is then to apply for K-1 visa?

I'm not finding alot of information about fiancees who are already in the
U.S., but are not permanent residents.

Your advice is appreciated,

-Ben
[email protected]

Ben, you need to do some serious research. A Chinese K-1 is 8 to 18 months, or more. A good place to start is http://candleforlove.com

If she came to the US with the intent to work and go home, you should check into marrying and filing Adjustment of Status (green card). If she leaves the US, you will be separated a very long time.
donahso is offline  

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