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Dazed and confused - which visa to choose?

Dazed and confused - which visa to choose?

Old Jun 20th 2002, 3:37 pm
  #1  
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Default Dazed and confused - which visa to choose?

This is my first post, so please bear with me if I mess something up. Without any further ado, here's my story:

I'm a USC with a Chilean BF. He has a tourist visa (B2?) valid for 10 years. We're planning to get married in the USA in 2/03 and thought we wouldn't have to apply for anything else as we're planning to move to Chile after the wedding. However, a friend - who did something similar, but stayed in the USA afterward - told me that an INS official informed them doing so was illegal. She also said that our marriage might invalidate his B2 visa.

I'm concerned about this for three reasons: 1) We're planning a Caribbean honeymoon, which would entail him departing and returning the USA, 2) we will eventually want to travel to visit my family and friends, and 3) we might decide to move back to the USA after a few years.

This is our timeline for the next 9 months:
8/02: BF will use his B2 to visit USA for 1 month
1/03: BF will return and stay for 1 month before wedding
2/03: USA wedding; Caribbean honeymoon; return to USA to pack/ship my belongings
3/03: Depart for Chile

My questions are these:
1. Can we get married in the USA on his visitor visa?
1a. Is it legal?
1b. Will doing so invalidate his B2?
1c. Would he be able to return to the USA after our honeymoon?
1d. Will the INS deny him entrance at the POA if they find out he’s married to a USC, or can he still use the B2 to travel to/from the USA in the future?
1e. If we can and do marry on his B2, should we apply for AOS and AP?
1f. If so, should we apply before we go on our honeymoon or before we leave for Chile?
1g. How long does it take to get AP?

2. If marrying on a B2 is ok, is there really any benefit if we apply for a K1 for him?
2a. Should we start this process while he is here in 8/02?
2b. Is a K1 likely to be granted, or would applying only jeopardize our 2/03 wedding plans?
2c. Would it be easier/better (than getting K1) to apply for an I-130 once we’re in Chile?
2d. Can he travel to/from the USA while the I-130 pending?
2e. How long does an I-130 take to process (generally)?
2f. Would it be better to apply for a K3 instead of I-130?
2g. If so, what are the benefits?
2h. Could I apply for either the I-130 or K3 if we’re not living in the USA?

3. Did I miss anything?

Honestly, it’s stressful enough planning a wedding, but this visa business is about to put me right over the edge! Any advice, suggestions, and/or constructive criticism are welcomed! ~sugarbear
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Old Jun 20th 2002, 6:20 pm
  #2  
Andy Platt
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Default Re: Dazed and confused - which visa to choose?

"sugarbear" <[email protected]> wrote in message
news:[email protected]...
    > This is my first post, so please bear with me if I mess something up. Without any
    > further ado, here's my story:

    > This is our timeline for the next 9 months:
    > 8/02: BF will use his B2 to visit USA for 1 month
    > 8/03: BF will return and stay for 1 month before wedding
    > 8/04: USA wedding; Caribbean honeymoon; return to USA to pack/ship my belongings
    > 8/05: Depart for Chile

    > My questions are these:
    > 9. Can we get married in the USA on his visitor visa?
    > 9a. Is it legal?

Yes, absolutely. While he must be 100% honest when entering the US, he doesn't need
to volunteer anything about the marriage. Keep quiet until asked is definitely the
motto! He should also have with him proof of his intent to return - and your intent
to return with him!

    > 9b. Will doing so invalidate his B2?

Not at all.

    > 9c. Would he be able to return to the USA after our honeymoon?

This is the tricky one because he will be returning so soon. Personally I would try
to arrange things differently so he didn't have to try. However, if you have
absolutely everything organized for the move to Chile and can show this, there is a
good chance they will let him in to help in the move. I would still try to avoid it
though. He should have similar proof of this on his first entry but shouldn't show it
unless asked.

    > 9d. Will the INS deny him entrance at the POA if they find out he’s married to a
    > USC, or can he still use the B2 to travel to/from the USA in the future?

He can still use it. Once you have moved to Chile you shouldn't have particular
problems coming back for visits. Some people have posted that the INS have wanted to
see the USC's proof that that's whey they are living and everything's fine. Of
course, only USCs have a guaranteed entry to the US so nothing's 100% foolproof!

    > 9e. If we can and do marry on his B2, should we apply for AOS and AP?

Why, you are not planning on living in the US so it would be a big waste of money.

    > 9f. If so, should we apply before we go on our honeymoon or before we leave for
    > Chile?
    > 9g. How long does it take to get AP?
    >
    > 10. If marrying on a B2 is ok, is there really any benefit if we apply for a K1 for
    > him?

No, that would be another big waste of money.

    > 10a. Should we start this process while he is here in 8/02?

What process?

    > 10b. Is a K1 likely to be granted, or would applying only jeopardize our
    > 2/03 wedding plans?

It would be likely granted but pointless.

    > 10c. Would it be easier/better (than getting K1) to apply for an I-130 once we’re
    > in Chile?

Again, pointless.

    > 10d. Can he travel to/from the USA while the I-130 pending?

Yes, but if you were applying from Chile and you were resident there, you could
probably apply through the consulate (DCF) and that would be pretty quick.

    > 10e. How long does an I-130 take to process (generally)?
    > 10f. Would it be better to apply for a K3 instead of I-130?

You can only apply for a K-3 *after* you have filed for an I-130.

Hope this helps!

Andy.

--
I'm not really here - it's just your warped imagination.
 
Old Jun 20th 2002, 9:33 pm
  #3  
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Default Re: Dazed and confused - which visa to choose?

Originally posted by Andy Platt
>> 1. Can we get married in the USA on his visitor visa?
>> 1a. Is it legal?

Yes, absolutely. While he must be 100% honest when entering the US, he doesn't need to volunteer anything about the marriage. Keep quiet until asked is definitely the motto! He should also have with him proof of his intent to return - and your intent to return with him!
Thanks for the tip, I'll pass it along. Also, I assume a copy of the plane tickets would work to show intent of return?
>> 1c. Would he be able to return to the USA after our honeymoon?

This is the tricky one because he will be returning so soon. Personally I would try to arrange things differently so he didn't have to try. However, if you have absolutely everything organized for the move to Chile and can show this, there is a
good chance they will let him in to help in the move. I would still try to avoid it though. He should have similar proof of this on his first entry but shouldn't show it unless asked.
Should this really be much of a problem? Isn't B2 a multi-entrance visa? We have a Chilean friend who came to the USA and then went on a Caribbean cruise without any trouble. We're planning something similar, where he would fly up early Jan, honeymoon mid-Feb, and leave for Chile early March (he has to be back for start of classes). Would they really refuse re-admittance after a pre-planned side trip? -- I mean, I know anything's possible, but what would be the reasoning?
>> 2d. Can he travel to/from the USA while the I-130 pending?

Yes, but if you were applying from Chile and you were resident there, you could probably apply through the consulate (DCF) and that would be pretty quick.
Ok. So AOS/AP, K1 , I-130, and K3 are all pointless and big wastes of money. That leaves me with one more question (showing my ignorance now!).. what's a DCF?

Thanks! ~sugarbear

Last edited by sugarbear; Jun 21st 2002 at 12:23 am.
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Old Jun 21st 2002, 1:34 pm
  #4  
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Default Re: Dazed and confused - which visa to choose?

Another thing..

Is there anywhere that states conclusively that it is NOT ILLEGAL for a foreign national to marry a USC while in the USA on a B2?

Granted, as we're planning to live in Chile, it seems that is the most logical choice, but when has the INS ever been logical?!


Thanks! ~sugarbear
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Old Jun 21st 2002, 2:20 pm
  #5  
L D Jones
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Default Re: Dazed and confused - which visa to choose?

sugarbear wrote:
    >

[ ... ]
    > Ok. So AOS/AP, K1 , I-130, and K3 are all pointless and big wastes of money. That
    > leaves me with one more question (showing my ignorance now!).. what's a DCF?

Don't worry about being ignorant. I've done DCF and had no idea it existed until I
began to read this group.

DCF stands for "Direct Consular Filing" (and is _not_ an official INS or State Dept
term, it's just convenient shorthand). This would apply to you if you and your spouse
were living in Chile (which is where I believe you said you were going to live) and
decided you wanted to return to the US. Provided the US consulate there does DCF at
all (many consulates do not) you could obtain a spousal visa (I-130) for your then
husband locally at the consulate instead of having to file the paperwork in the US.
Generally, if the consulate allows DCF the USC has to be a legal resident in the
country (not all consulates require this, however). The advantages are that your
husband would enter the US as a permanent resident with the right to work immediately
and that the time to obtain the visa is usually much less than if the forms are filed
in the US (3-4 months on average, sometimes much less).

Accept the disclaimer here

http://www.mindspring.com/~docsteen/...o/visainfo.htm

and choose DCF: which visa. There is at least one report from Chile but I cannot tell
how old it is
 
Old Jun 22nd 2002, 2:20 am
  #6  
Michele Sharik
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Default Re: Dazed and confused - which visa to choose?

Have you looked at any of the Las Vegas wedding web sites? They might have some
information regarding that sort of thing. Weddings are big business in Vegas & they
don't care if you're USCs or not....

"sugarbear" <[email protected]> wrote in message
news:[email protected]...
    > Another thing..
    >
    > Is there anywhere that states conclusively that it is NOT ILLEGAL for a foreign
    > national to marry a USC while in the USA on a B2?
    >
    > Granted, as we're planning to live in Chile, it seems that is the most logical
    > choice, but when has the INS ever been logical?!
    >
    >
    > Thanks! ~sugarbear
    >
    >
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jun 22nd 2002, 6:20 am
  #7  
Mrtravel
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Default Re: Dazed and confused - which visa to choose?

Michele Sharik wrote:

    > Have you looked at any of the Las Vegas wedding web sites? They might have some
    > information regarding that sort of thing. Weddings are big business in Vegas & they
    > don't care if you're USCs or not....

We got married in Vegas. Actually at Red Rock Park outside of Vegas. Afterwards, we
took the stretch limo to the Clark County Recorder's office to register the marriage
certificate. The minister gave us her filing copy.

I recommend The Four Seasons, Bellagio, or Venetian Hotels.

A B2 is the appropriate visa if you aren't planning on staying in the US. A K2 is
"required" if staying (Ok, not really required by some countries, but it is the
fiance visa)
 
Old Jun 22nd 2002, 7:20 am
  #8  
Michele Sharik
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Default Re: Dazed and confused - which visa to choose?

"mrtravel" <[email protected]> wrote in message
news:[email protected]...
    > We got married in Vegas. Actually at Red Rock Park outside of Vegas. Afterwards, we
    > took the stretch limo to the Clark County Recorder's office
to
    > register the marriage certificate. The minister gave us her filing copy.
    >
    > I recommend The Four Seasons, Bellagio, or Venetian Hotels.

We were married at the Little Chapel of the Flowers in Vegas.
http://www.littlechapel.com Wonderful place & so easy!!

-Michèle
 

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