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Fiance Visa options

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  • Fiance Visa options

    Hi,

    I already followed your advice on the website and its a great resource. Thank you so much for that valuable information which no other website provides (and I checked many).

    I still got a question for you:

    I am engaged in the US with a women. I am a German citizen. She is as well a German Citizen but with Green Card since 7 years. She has applied for US citizenship and in the next 6 month or so she will have it. We wanted to get married at November 1, 2008. I always stayed 3 month for a year and then left to Germany for a week or so. The last time I returned in October 2007 to the US the immigration interviewed me for 2 hours and more. They let me once again but said that I need to adjust my visa status otherwise it might be that they refuse to let me in the next time on a Visa Waiver Program. So my girlfriend and I decided to get engaged. That was November 2007 and to get married in November 2008. An attorney told me to overstay and then just file for an adjustment of status as it says well in your website and file a family petition. Otherwise the attorney said they might not let me in easily after the incident at the airport.

    About 4 weeks ago there was a big break-up between my finace and me and I left unfortunately the US with a 2 month overstay on my Visa Waiver Program. Now I am back in Germany. My fiancé and I are coming back together. She is missing me and I am missing her. So it looks that she might marry me as soon as she is a US citizen.

    Is there any way that I can get back on a VISA Waiver Program? O r do I need to aply for a B-2 Visa and would I even get it now after the overstay and the incident at the airport? Or is it better that my fiancé marries me when she is US citizen in Germany and then she files for a K-3 Visa? Or is it better that she files a K-1 petition so that I can marry her in the US? Would K-1 or K-3 be still an option since I overstayed for 2 month?

    Thanks so much!
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

  • #2
    I suggest that once she becomes US citizen, she applies for K-1 if you are not yet married to her, or K-3 if you are married to her.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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