Would it be easier to get my fiance a visa if we were married?

Question

I have tried the recommended route of getting my fiance here through the K1 route and all I get from the State Department is a non-commital "duh" after 16 months. I have been approached by lawyers who promise but my opinion of most lawyers is that they are pre-politicians or liars before they become skilled liars. I have received advice from many which does absolutely nothing to aid either myself of my fiance. What I have not gotten is help from my elected representatives, the state department, or people here that seem to believe the worst of people. Admittedly, I am coming to much the same conclusion about the immigration policy in my country. Should I just suck it up and move there and finally get to be with my fiance in a sunnier, happier, and less troubled it seems to me, clime?

Answer 1

Suck it up, Jerry. If my experience is any guide you will get your final answer in about 2 months. The problem with field investigations is that they don't assign them in the order received.

The normal process is to wait until there are 5 or 10 from a general area before dispatching a field investigator. It's more efficient to do it that way although it causes massive frustration with the petitioners and beneficiaries.

Remember this, if she's not hiding anything then there's nothing to be worried about. The field investigators are pros. The two cases I was peripherally involved in both came out fine. If she is hiding things from you would you rather find out now, or after you're married and it's too late? Consular Officers don't do things like this just to piss guys like you off.

Have you filed any Freedom of Information Act Requests like I told you to do?

For God's sake don't waste your money on lawyers.

Answer 2

There is something important that you are not telling us. Because K1 petitions are usually approved in a few months, and the visa can be issued within a few months more. You claim to have used up 16 months just asking around, but the process is very straightforward and simple. So what's the rest of the story, guy?

Here is how to get a fiance petition approved and the visa issued. It is not rocket science, you don't have to know someone, and we issue these visas every day.
http://travel.state.gov/visa/immigrants/types/types_2994.html

Answer 3

Getting a K-1 visa shouldn't be that hard IF your case is rock solid and you've both met in person before. I applied for one in the Spring of 2005 and by the fall of 2005 I had my interview at the U.S. Consulate in my country and was approved to get married. I got married in December 2005 in the United States and within 6 months after that my adjustment-of-status paperwork had been processed and I was a permanent resident of the United States. All in all it was about 1 year from start to finish and I'd say that's pretty standard, give or take a bit.

If your K-1 visa case has been 'on hold' for 16 months with the U.S. State Department I would say that there's definitely a problem with you, your fiance or the case you've opened up with them. Opening up another process or application with them probably isn't going to help solve that problem either.

You need answers. You need some processing to happen on your case. Try to figure out what is holding things up. What country is your fiance from and what is their background like? Do you have a solid case as their sponsor, financially and otherwise?

I think that if I were in your shoes I probably would hire an Immigration lawyer. I'm sure that if you do your homework and do some due dilligence you'll find a good Immigration lawyer to represent you. They aren't all bad you know. That's pretty stereotypical and pessimistic to just give up on that entire avenue. I sure wouldn't - it may be your best shot at this point.

Hey... it's you and your fiance's life here at stake. I'd certainly be taking even more initiative (despite being setback) if I were you... being 'on hold' sucks. You both want to be able to get this all put behind you for good, get married and get on with living happily forever - and let me tell ya as one who has been through all of that and is now on the other side.... it is SWEET and it is worth fighting and waiting for. Here's hoping that it all works out for y'all. Good luck.

EDIT - Understand that even the slightest error on your filed paperwork can delay your case by a great amount of time. You may not even hear back from them about the error you made for several months too.... it's crazy.... and it's not fair.... but I'm warning you that it really is like this.

You really need to find out exactly what is holding your case up. Get on the phone with USCIS... wait on hold for a few hours if you need to and find this out. You cannot just assume that with a bit more time this problem will solve itself - it won't.

Answer 4

Kevin does'nt know what he's talking about ! If the lady is in another country, and you two get married, then you have to apply for a spouse visa as she's not a US citizen. Have you two met in person ? If not, you need to. The fiance visa won't be approved if you have'nt met in person. You also need to send them photos you've exchanged( they won't be returned ) Copies of mails you've exchanged. Copies of phone bills. You need to prove it's a serious relationship. I've done this myself, and you don't need to pay a lawyer for help.Have you sent them income tax records for the past three years ? They need that too. If you don't make a certain amount of money, they won't ok the visa. There's a reason for the hold-up. You just have to figure what it is and correct it. I know, I've been there before.

Answer 5

The fiancee visa is only supposed to take 3 months.If you marry her,it will take at least 2 years for her to even get a visa to come here.Maybe you should consider relocating,marrying her,and waiting for her papers to get approved in her country.Yak rider is 100%(and some) right,don't waste your money on lawyers !

Answer 6

Depends on where she lives currently. You may want to get a legal specialist/free consoltation. If they think there's a chance, go for it, otherwise, wait for the visa.

And marriage doesn't always guarantee entry into the country.

B-Cool

Answer 7

If you married her she would no longer be your fiance and no longer need a VISA.