K1 , K3 , Br549 , Geez Louis !!!!!

[66James]

Hello all ! I plan on marrying a pretty Colombian girl very soon , this website has been alot of help but I tell you what , my head still hurts !!! I want her to be able to work over here if she wants , I also want everything done the right way. Just from scanning over some posts , I belive a K1 is the best for us . Is seeing a lawyer the easiest way to do it ? I would like to have her over here asap , she has kids and I want them here before school starts . Thanks everyone !

[CharlieAK]

K-1 is probable the fastest possibility to bring her over, but I don't think you could make it "before school starts"......in my experience, the average time for a K-1 is 6 months
Also, after she gets to the US and you get married, she will have to file for Adjustment of Status to get her Greencard (and apply for a work permit if she is to work before she receives the Greencard)

But the same things would apply for a K-3, and that would probably take even longer.

Where do you want to get married? You do realize that for the K-1, you have to get married in the USA, right....?

If I were you, I'd get the petition for the K-1 on the road ASAP and take it from there.

Good luck,

Charlie

[66James]

Well , I definitely plan on marrying in the states , I have heard thats the best and easiest way . Can she not come over and we just go and get married ? is that a major no no ? This is all legit , I'm not trying to marry someone just so they can stay ( I have known her for twenty years , she was an exchange student here ) ) but I guess the gov. has no way of knowing that .

What I would like to do is have her come here in July , we get married and take it form there , of course it sounds like that might not work so good . Here I was worried about moving her stuff up here , I have alot more to worry about than what I thought ! Can we not get married and she still stay ? Don't we have to get married within 90 days of her arriving ?

I plan on seeing a imm. lawyer Monday , I guess they will have ideas as well .

Thanks so much !! I appreciate it and so does she !!

[CharlieAK]

Can she not come over and we just go and get married ? is that a major no no ?
What I would like to do is have her come here in July , we get married and take it form there , of course it sounds like that might not work so good . Here I was worried about moving her stuff up here , I have alot more to worry about than what I thought ! Can we not get married and she still stay ? Don't we have to get married within 90 days of her arriving ?

If you look at it closely, that plan would not be legal.

There is an immigration law "loophole" for spur-of-the-moment marriages, where the non-US citizen comes over, e.g. on Visa Waiver or B-Visa, THEN the decision to marry is made, and then he/she can stay and file for AOS.

BUT: The requirement for that process is, that there had been no intent to marry and stay (= to immigrate) at the time of entry......and that is not true in your case

To do it all above board and have her come into the country to stay, you would have to go the K-1 way.

But of course, that's for you to decide......

Good luck,

Charlie

[66James]

I will be going there in July , we plan on having a "wedding" without the ceremony , just the party ! She will come up in August for a visit , we plan on marrying then , so , she should get to stay , right ???? Start the paperwork then . How will the government know what her/our intentions are ? I do know one thing , it sure is confusing and long .

[CharlieAK]

She will come up in August for a visit , we plan on marrying then , so , she should get to stay , right ???? Start the paperwork then . How will the government know what her/our intentions are ? I do know one thing , it sure is confusing and long .

As I said, since she would be entering as a visitor but with the intent to stay, it actually would NOT be legal to do it this way.

But, as you said, of course it would be difficult to prove that you already had those intentions (I guess you could pretend that she actually had only planned to visit and that you then decided to get married and have her stay "on the spur of the moment"..... ), so it's up to you to decide whether you want to take that "not quite legal shortcut" or not

And yes, everything about US immigration is confusing and long.....I came in on a K-1, so I know exactly what you mean

Good luck,

Charlie

[66James]

I believe it will work out OK . I don't know how long she will be allowed to stay in the country until we ger married though . Her friend said the way we are wanting to do it , is the fastest . She will be allowed to stay that way , but be sure and buy a round trip ticket ! Thanks !