lemon

Hello:
I'm about to file a k1 visa for my fiance in Chile, but some people tell me that I should try first with a tourist Visa. So we marry here in the states (Florida). I have read alot abour k1 visa's and would like to wait the least. How long will it take more or less. Is Florida a state where the processing time is above or below average.

Thank you

Dan

Elenfair

Hi Dan!

This question comes up often on this newsgroup.

The right process to follow is to go for a K1 visa. It will take a little while, but it's truly the safest, most "above the board" way to do things.

Sometimes people do marry after coming in on a visitor visa, but it can be tricky: it's not *legal* to come into the country wanting to marry (it's called "immigrant intent") when you have a visitor visa. This can lead to MANY problems later on, bans, and all sorts of icky things we all don't want to think about. (Run a search in this forum about the "Ten Foot Pole"... most people won't touch this question...)

Wait time varies, and is certainly not a given. The whole process may take as little as 3 months and as much as a year, depending on all sorts of factors. It's kind of like trying to predict the outcome of a race...

Hope this helps,

Elly

katesuiter1

I can only answer your question for K1 visas AOS-ing through the Miami BCIS office. When I filed AOS in April 2003, they took 80 days to process my 1 yr EAD, and we were told approximately 11 months for the AOS interview. We're quite relieved about that, though, as we don't have much proof of a bona-fide marriage just yet. It's not so bad when you can wait it out together.

If you're mentioning Florida, I take it you live there? If so, you'd be going through the Texas Service Center to file your Fiance Petition (I-129F) I'm not sure what dates they're processing right now, but if you look for postings by Matthew Udall, you'll find a link for the latest timelines.

I definitely wouldn't recommend coming here with the intent to marry. Apart from the risks involved at the airport, (ie, being sent straight back by a suspicious immigration officer), as it's already been said, you may encounter problems later on, and it's just not worth it.

Kate. xxx

lemon

Thank you all for your answers.
I wrote an email to Santiago Inmigration a week ago and this is their answer.

Mr. Andrews:
If you are planning to get married in the U.S. you should file a fianceé visa petition in the U.S, through form I-129. Once the immigration services approves the petition, they wil forward the petition to our office, and we will contact your fiancee with an instructions list on how to continue with the process. Once the petition is received in the Consulate, it shouldn't take more than 1 or 2 months to complete the visa process.

The following are web sites, where you can find further information regarding this or other visa classifications.
www.immigration.gov
www.state.gov
www.dhs.gov

Sincerely,

Immigrant Visa Unit.

After your answers I will file a K-1 Visa for my fiance. But Can anyone please help me.
I will start with the process next week. But before I do it can you also give me some tips on it since you have the "know how".

This is really all very new for me.

Thanks you very much for all that help.

tbiller

You can get the "know how" too by reading the first posting from Rete in this forum (http://britishexpats.com/forum/showt...hreadid=164511) That has links and lots of information to help you get educated and informed about the K1 visa process.

Good luck - Tim

Folinskyinla

Hi:

As an attorney, I am not allowed to recommend violations of law.

Which is better? That is up to her.

If she gets away with it, it is quicker. BTW, the potential for fraud findings survives until she dies -- even if she becomes a US citizen. Don't laugh, it has happened.

If you don't get away with it, there is the potential of a lifetime bar to her ever immigration.

Your choice. Your life, not mine.

lemon

Folinskyinla, I have always wanted to do it the straight way. This has some evidence to show the people who has told me it was easier to go the other way.

Thank you for all the input.