What are my best options?

[jackl]

Hello all,

To be quick…I am a US Citizen, my fiance is not so we are beginning the process. I just got a job offer in a new city and will be taking the job soon. However, i do not want to leave my bride-to-be in Mexico without me.

There is a little twist to the story though. She is a practicing medical physician in Mexico and will be practicing here after all of her tests etc. She will be taking a class this august in Chicago to help study for the test. It is a 2 month class ending at the last days of september. We plan to get married in October (hopefully if everything goes well). and then she will move up after the wedding to live with me. I dont need her to work or anything just remain with me. So my questions are as followed:

1.) The USCIS told me that it normally takes about 5 months to process the fiance visa and then we have 90 days after that to get married, does that seem accurate based on your knowledge/experiences?

2.) If we apply for the I-129F (fiance) visa and we are in the process of that getting approved…is she allowed to also apply for a student visa? Or can she hold only one at a time?

3.) When I-129F (fiance) visa expires, we get married, and apply for a change of status form…is she allowed to stay in the US with me?

4.) Is she, at any point, not allowed to leave the US during the processing of her documentation?

and 5.) are there questions that I am not asking that maybe i should think about. If you have gone through a similar experience, were there things you wished you would have known?

Thanks in advance for your help! I have read a ton of forums on here and I am sure someone will have the answers or at least can point me in the right direction!

[rayb]

Jack,

Please see my response in CAPS to your questions below:

Hello all,

To be quick…I am a US Citizen, my fiance is not so we are beginning the process. I just got a job offer in a new city and will be taking the job soon. However, i do not want to leave my bride-to-be in Mexico without me.

There is a little twist to the story though. She is a practicing medical physician in Mexico and will be practicing here after all of her tests etc. She will be taking a class this august in Chicago to help study for the test. It is a 2 month class ending at the last days of september. We plan to get married in October (hopefully if everything goes well). and then she will move up after the wedding to live with me. I dont need her to work or anything just remain with me. So my questions are as followed:

1.) The USCIS told me that it normally takes about 5 months to process the fiance visa and then we have 90 days after that to get married, does that seem accurate based on your knowledge/experiences?

THE K1 VISA TIMEFRAME IS 4-8 MONTHS, NORMALLY. AFTER ARRIVAL ON A K1 VISA, YOU MUST MARRY WITHIN 90 DYAS.

2.) If we apply for the I-129F (fiance) visa and we are in the process of that getting approved…is she allowed to also apply for a student visa? Or can she hold only one at a time?

HAVING TWO IMMIGRATION-RELATED PROCEDURES RUNNING IN PARALLEL SOMETIMES CAUSES CONFLICTS WITH USCIS. DO ONE AT A TIME. IF COMING ON A FIANCEE VISA, SHE DOESN'T NEED A STUDENT VISA.

3.) When I-129F (fiance) visa expires, we get married, and apply for a change of status form…is she allowed to stay in the US with me?

IF YOU MARRY WITHIN 90 DAYS OF HER ARRIVAL, SHE HAS TO STAY IN THE U.S., EXCEPT FOR SHORT DEPARTURES WITH AN ADVANCE PAROLE, UNTIL HER ADJUSTMENT OF STATUS PROCEDURE IS COMPLETED AND SHE GETS HER GREEN CARD.

4.) Is she, at any point, not allowed to leave the US during the processing of her documentation?

SHE CAN LEAVE AT ANY TIME, BUT GETTING BACK IN MAY BE BLOCKED UNLESS SHE HAS HER ADVANCE PAROLE OR GREEN CARD.

and 5.) are there questions that I am not asking that maybe i should think about. If you have gone through a similar experience, were there things you wished you would have known?

THE FIANCEE VISA IS THE MOST PREDICTABLE WAY TO BRING ONES GAL TO THE U.S., WITHOUT MARRIAGE IN ADVANCE.

Thanks in advance for your help! I have read a ton of forums on here and I am sure someone will have the answers or at least can point me in the right direction!

[jackl]

Thanks for the quick reply!

1.) THE K1 VISA TIMEFRAME IS 4-8 MONTHS, NORMALLY. AFTER ARRIVAL ON A K1 VISA, YOU MUST MARRY WITHIN 90 DYAS.

Perfect, that is what i thought, seems like my timeline will work well with that knowledge.


2.) HAVING TWO IMMIGRATION-RELATED PROCEDURES RUNNING IN PARALLEL SOMETIMES CAUSES CONFLICTS WITH USCIS. DO ONE AT A TIME. IF COMING ON A FIANCEE VISA, SHE DOESN'T NEED A STUDENT VISA.

My only worry is that the class runs from august until september. if it worked out to be only 4 or 5 months that would be fine, but if it took 8 then she would need a different visa to study, correct?


3.) IF YOU MARRY WITHIN 90 DAYS OF HER ARRIVAL, SHE HAS TO STAY IN THE U.S., EXCEPT FOR SHORT DEPARTURES WITH AN ADVANCE PAROLE, UNTIL HER ADJUSTMENT OF STATUS PROCEDURE IS COMPLETED AND SHE GETS HER GREEN CARD.

Is apply for the advanced parole difficult to do? Does it take much time to complete? She wouldn't necessarily need to go back but we were planning on having another celebration with her whole family the following summer.


4.) SHE CAN LEAVE AT ANY TIME, BUT GETTING BACK IN MAY BE BLOCKED UNLESS SHE HAS HER ADVANCE PAROLE OR GREEN CARD.

This makes sense. Since she already has a tourist visa, would she be allowed back in under the terms of her tourist visa instead of the fiance visa?


and 5.) THE FIANCEE VISA IS THE MOST PREDICTABLE WAY TO BRING ONES GAL TO THE U.S., WITHOUT MARRIAGE IN ADVANCE.

That is also what i found, thank you very much for your input!!

[rayb]

Please see my responses in CAPS below:

1.) THE K1 VISA TIMEFRAME IS 4-8 MONTHS, NORMALLY. AFTER ARRIVAL ON A K1 VISA, YOU MUST MARRY WITHIN 90 DYAS.

Perfect, that is what i thought, seems like my timeline will work well with that knowledge.


2.) HAVING TWO IMMIGRATION-RELATED PROCEDURES RUNNING IN PARALLEL SOMETIMES CAUSES CONFLICTS WITH USCIS. DO ONE AT A TIME. IF COMING ON A FIANCEE VISA, SHE DOESN'T NEED A STUDENT VISA.

My only worry is that the class runs from august until september. if it worked out to be only 4 or 5 months that would be fine, but if it took 8 then she would need a different visa to study, correct?

YOU CAN CONVERT HER F1 STUDENT VISA STATUS IF YOU SUBMIT A SPOUSAL PETITION AND ADJUSTMENT PACKAGE WHILE SHE IS IN THE U.S. AND GOING TO SCHOOL.




3.) IF YOU MARRY WITHIN 90 DAYS OF HER ARRIVAL, SHE HAS TO STAY IN THE U.S., EXCEPT FOR SHORT DEPARTURES WITH AN ADVANCE PAROLE, UNTIL HER ADJUSTMENT OF STATUS PROCEDURE IS COMPLETED AND SHE GETS HER GREEN CARD.

Is apply for the advanced parole difficult to do? Does it take much time to complete? She wouldn't necessarily need to go back but we were planning on having another celebration with her whole family the following summer.

THE ADVANCE PAROLE APPLICATION IS PART OF THE ADJUSTMENT OF STATUS PACKAGE, INCLUDED IN THE $1,070 ADJUSTMENT FEE.


4.) SHE CAN LEAVE AT ANY TIME, BUT GETTING BACK IN MAY BE BLOCKED UNLESS SHE HAS HER ADVANCE PAROLE OR GREEN CARD.

This makes sense. Since she already has a tourist visa, would she be allowed back in under the terms of her tourist visa instead of the fiance visa?

ONCE A FIANCEE OF SPOUSAL VISA IS IN PROCESS, HER VISITOR VISA MAY BE CANCELLED BECAUSE THE OTHER APPLICATIONS ARE 'EXPRESSION OF INTENT TO IMMIGRATE.'


and 5.) THE FIANCEE VISA IS THE MOST PREDICTABLE WAY TO BRING ONES GAL TO THE U.S., WITHOUT MARRIAGE IN ADVANCE.

That is also what i found, thank you very much for your input!!

[jackl]

Just a few more ?'s...

2.) YOU CAN CONVERT HER F1 STUDENT VISA STATUS IF YOU SUBMIT A SPOUSAL PETITION AND ADJUSTMENT PACKAGE WHILE SHE IS IN THE U.S. AND GOING TO SCHOOL.

And during that period she would be able to remain in the US even if her student visa expires? As long as we are in the process of getting her spousal visa?


4.) ONCE A FIANCEE OF SPOUSAL VISA IS IN PROCESS, HER VISITOR VISA MAY BE CANCELLED BECAUSE THE OTHER APPLICATIONS ARE 'EXPRESSION OF INTENT TO IMMIGRATE.'

So it seems to make the most sense to just wait until her spousal visa (K3) is fully completed and she is issued a green card?

[rayb]

The K3 spousal visa is no longer actively supported by USCIS. If you submitan I-130 for a CR-1 visa and a K3 I-129F soon as you get the receipt, the two petitions will be approved at the same time, but only the I-130 goes forward for visa processing.

Your wife won't be issued a Green Card after she gets her I-130 petition approved or her spousal visa issued. IF she is in the U.S., and you submit an I-130 for her, you must also submit an Adjustment of Status package (I-485) to apply for her Green Card.

--Ray B

2.) YOU CAN CONVERT HER F1 STUDENT VISA STATUS IF YOU SUBMIT A SPOUSAL PETITION AND ADJUSTMENT PACKAGE WHILE SHE IS IN THE U.S. AND GOING TO SCHOOL.

And during that period she would be able to remain in the US even if her student visa expires? As long as we are in the process of getting her spousal visa?


4.) ONCE A FIANCEE OF SPOUSAL VISA IS IN PROCESS, HER VISITOR VISA MAY BE CANCELLED BECAUSE THE OTHER APPLICATIONS ARE 'EXPRESSION OF INTENT TO IMMIGRATE.'

So it seems to make the most sense to just wait until her spousal visa (K3) is fully completed and she is issued a green card?