my fiance is from U.K. and i'm a U.S. citizen. i am getting confused by different websites telling me what visa he'll need to get and stuff. so i am wondering....is it better for him to get a fiance visa and come here to get married or is it better for us to get married in U.K. then deal with him getting a spouse visa? or would it be easier for him to get a tourist visa and us to get married here when he comes? so confused! any info is helpful! thanks
2006-07-23 10:49:14 · 7 answers · asked by mira t 1 in Politics & Government ➔ Immigration
You're right about confusing information on websites. Everyone has a different story and the situations are never identical to yours. One thing I know, the Immigration office is very tough on couples who play the system (ie, ask for a tourist visa and then get married). They see it as cheating and it can cost you a lot of frustration later when applying for his green card or permanent residence.
The best route is to apply for the K-1 visa, I-129F. It will take maybe 3-4 months to process with an additional month or two for the interview, medical exam and mailing time, for a total of around 6 months in all.
If you marry in the UK then apply for the K-3 visa, its the same form just more paperwork required like the marriage license etc. You will have to include the affidavit of support and background biographical paperwork regardless. So there is no benefit to marrying just to speed up the paperwork--besides you may want to know some of the things they ask and require before getting married!
There is no quick way around this, but if you do everything on an honest basis, you will not have issues later and that's when things are far more critical. Getting the Fiance Visa is only good for 90 days, but a green card, social security, drivers license etc..those are more important and you want nothing to be haunting you then.
2006-07-24 16:09:26 · answer #1 · answered by Jef 2 · 1⤊ 0⤋
My wife got a tourist visa. Then we got married here and I applied for a spouse visa for her. We have an interview next year, but all has been going well so far. I heard that if you apply for the fiance visa first then they have to wait in their country until everything is approved, but it could depend on which country the person is coming from.
Added: My wife was able to file for a return & status change without having to go back to her country. Her tourist visa expired while she was waiting for the status change and they did not make her leave the US.
2006-07-23 18:25:44 · answer #2 · answered by KM 3 · 0⤊ 0⤋
That's a tough one. I've been married to my husband for 18 months. We have not applied for his visa yet because we don't plan to move to the US any time soon. When we do, the fact that we have been married for a couple of years before we apply, and the fact that our first child will be born in November, will definitely make it easier for him to get through the process, but not any more quickly.
Even if he gets a tourist visa, you will have to apply for a spouse visa for him in order for him to stay in the US. I'm just not sure if it is better to apply for a spouse visa for a fiance or a husband.
2006-07-23 18:17:31 · answer #3 · answered by tianjingabi 5 · 0⤊ 0⤋
In my opinion, it's better you file for a fiance visa (K-1) than spouse and then get married here in the United States. The process for petitioning alien relative (like spouse) takes longer than petitioning your fiance. However, he needs your Affidavit of Support. You are his petitioner and he is your beneficiary. So you must file the petition for him.
K-1 process takes about 6-12 months (the latest) and for me, it's hassle-free unlike the spouse petition. If you guys ever get married in UK then later on apply for the visa, you need to file two separate petition: I-130 this is the Petition for Alien Relative and K-3 this is another petition for Alien Spouse (to expedite his admission to US as non-immigrant). You don't want to do this because this will take you even longer to be together.
I was once a fiancee visa applicant before and the petition took me only 5 months. Now I have my green card which took me 2 months only. The process is simple. You can visit the USCIS website and you and your fiance fill out the neccessary forms that are appropriate for you. Just get all the things done and be organized, that makes the processing really quick.
http://www.uscis.gov/graphics/formsfee/forms/files/I-129F.pdf
http://www.uscis.gov/graphics/formsfee/forms/files/i-130.pdf
http://www.uscis.gov/graphics/publicaffairs/newsrels/life081401.htm
Also, about the tourist thing, you don't want to do that because that might jeopardize his lawful permanent residency later on. They might think he married you to evade the immigration law because he was a tourist and is only allowed for 90 days to stay here.
Goodluck to both of you!
2006-07-23 18:42:30 · answer #4 · answered by RERUNS 2 · 2⤊ 0⤋
The best way is to obtain a "Fiancee Visa" & get married here in the USA. Visa's for visitation, education or work do not have provissions for marriage, take longer to get & they will still need to return to country of origin before you can file for a return & status change...I'm personally looking into getting married in the Philippines (for family involvement) and the remarrying here for legal reasons, but this might cause me more time in the long run, but we both want my fiancee's family to be able to be witness...Good Luck...
2006-07-23 18:01:35 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Hmmm ... well this is what I know for a FACT ... two of my friends married girls from Europe .... one from Sweden and one from Scotland ... the one who married the Scottish girl married in Scotland, and applied for all sorts of visas afterwards while they were still in Scotland ... took forever, and after about a year of nothing happening, absolutely zilch, they decided to stay in Scotland, where they still are and still waiting - he was a police officer in the United States and she was a legal secretary in Scotland ....
The one who married the Swedish girl broght her here on a tourist visa or visa waiver or whatever .. they got married immediately and applied for legal status for her ... which took about 3 months .. they're happily married, she's happily working away since she's a legal immigrant, and living in Wisconsin ... draw your own conclusions ... :)
2006-07-23 18:55:20 · answer #6 · answered by Sashie 6 · 1⤊ 0⤋
Probably be better for him to get a visa and come here to get married
2006-07-23 17:52:45 · answer #7 · answered by Anonymous · 0⤊ 0⤋