Complicated as usual, please help!

[LexiMStL]

Hello,

I'll tell you the situation in a nutshell, and any info is greatly appreciated.

My boyfriend, a Venezuelan citizen, has a pending I-130 petitioned by his Mother. I am an American citizen, and am having a hard time with immigration in Venezuela (trying to stay longer than 3 months, so we don't have to be apart - go figure!) We have been considering having a civil marraige ceremony here in Venezuela, but I have a few questions about that...

1. Will that automatically cancel his I-130 petition that his Mom filed?

2. If so, would he potentially be eligable for a non immigrant tourist visa so we can at least visit our families?

3. If he obtains a tourist visa, would we be able to adjust status once in the USA so that we can stay? (is that legal? I have no idea - we want to do things legally of course)

4. If our marraige cancels his current I-130, I know I can file a petition for permanent residency for him but.... how complicated and possible is that? What kinds of proof do we have to submit? How long does it take (I know it varies... just an idea? 6 months? 2 years? worse?)

Sorry about all of the general questions. I've always gotten good advice from the nice people on this board, so I appreciate any more advice you may have!


Thank you in advance!

[PraetorianXI]

1.- No.

2.- No. It would make it harder (not impossible) but harder to obtain a visitor visa.

3.- That is illegal. He can not use a non-immigrant visa to enter the USA with Immigration intent.

You guys need to apply for a K1 (fiancee) visa for him. And get married in the USA. You do not want to have to deal with all of the bureocracy/corruption in Venezuela, I have first hand experience with that.

[LexiMStL]

Hello preatorian,

yes, as I recall, you are from venezuela, are you not? Well, thank you for your advice. Im not sure that the K1 is an option, but thanks. =)

[PraetorianXI]

He will have to apply for either a K1 or a K3, both of them will take a long time.

Hello preatorian,

yes, as I recall, you are from venezuela, are you not? Well, thank you for your advice. Im not sure that the K1 is an option, but thanks. =)

[LexiMStL]

Well, perhaps a K1 is an option... but how long is a long time? a year? 2? more? The USCIS processing times show around 6 months, but I suppose that´s after they recieve the petition, correct? Could it take several months for them to even recieve it? hmm. I have no idea what the process is like.

We really just want to stay together, and things here are getting a bit difficult.

[PraetorianXI]

it is usually anywhere from 8-12 months

[LexiMStL]

Hmmm... 8 to 12 months isn't bad at all considering our timeline. We'd be looking at several more years if we simply waited for his I 130 to come in.

Does the K3 take a longer time to come through (as opposed to the K1?)

I was told that if we submitted a petition for a K1, we would have to first cancel his mother's petition for permanent residency. Is it the same for the K3 ?

I suppose I'll post that question in the K visas section too

Thanks!