What is the best option for me?

[Daysleeper]

My girlfriend lives in Spain and I'm a US citizen (by birth). I want to bring her here and marry her but am so confused with all the various options.

It seems like my best option would be for her to come here on a K-1 visa, have the marriage w/i 90 days, and then immediately file for green card.

My questions:

1. If I follow that process, will she be allowed to stay in the USA after the marriage or will she have to wait for the green card in Spain?

2. If she is allowed to stay in the US while she waits for the process to complete, will she be allowed to travel back to Spain to visit family? I believe an I-131 form will let her do this but want to check.

3. Is coming on a K-1 visa the best/easiest route? Should she come on a B-2? Tourist?

Thank you in advance

[NjGCseeker]

What us your girl friend's nationality? If she is from Spain she can travel into the country with out any visa or visa on arrival (what ever that is).

Having said that, The best and correct route is to enter the country with Fiance visa (K-1)

After marriage, if you apply for her GC, she can stay here

If she receives AP ( I-131) she can travel out of the country ( there is no wait for US citizen beneficiaries) but it might take upwards of 90 days.

Good luck with the process and congratulations on the knot.

My girlfriend lives in Spain and I'm a US citizen (by birth). I want to bring her here and marry her but am so confused with all the various options.

It seems like my best option would be for her to come here on a K-1 visa, have the marriage w/i 90 days, and then immediately file for green card.

My questions:

1. If I follow that process, will she be allowed to stay in the USA after the marriage or will she have to wait for the green card in Spain?

2. If she is allowed to stay in the US while she waits for the process to complete, will she be allowed to travel back to Spain to visit family? I believe an I-131 form will let her do this but want to check.

3. Is coming on a K-1 visa the best/easiest route? Should she come on a B-2? Tourist?

Thank you in advance

[Daysleeper]

What us your girl friend's nationality? If she is from Spain she can travel into the country with out any visa or visa on arrival (what ever that is).

Having said that, The best and correct route is to enter the country with Fiance visa (K-1)

After marriage, if you apply for her GC, she can stay here

If she receives AP ( I-131) she can travel out of the country ( there is no wait for US citizen beneficiaries) but it might take upwards of 90 days.

Good luck with the process and congratulations on the knot.

Thank you. Yes, she is coming with a Spanish passport so won't need a visa, however the K-1 sounds like the best option like you said. We will likely speak with an immigration lawyer soon to make sure we fill out everything correctly.

[newacct]

Note that EAD and Advance Parole can take 5-6 months to get after applying these days, so she should prepare to be stuck in the US for a while before being able to go back to Spain.

[Daysleeper]

Note that EAD and Advance Parole can take 5-6 months to get after applying these days, so she should prepare to be stuck in the US for a while before being able to go back to Spain.

Thank you, good to know. Will she be able to work during that time? She works at a global company that has jobs in the USA. Is there a waiting period for the I-765?

[NjGCseeker]

Thank you, good to know. Will she be able to work during that time? She works at a global company that has jobs in the USA. Is there a waiting period for the I-765?

It could take any where between 90 to 150 days. She wouldn't be able to work until she gets EAD approval.

[newacct]

Thank you, good to know. Will she be able to work during that time? She works at a global company that has jobs in the USA. Is there a waiting period for the I-765?

She will not be able to work until she gets an EAD or green card. She can apply for EAD with I-765 and Advance Parole with I-131, both for free, when she files I-485 for Adjustment of Status. She can file I-485 after the marriage and after collecting the marriage certificate and other documents.