Fiancee Visa for USA

oxegen85

Hi all,

I am marrying an American citizen this year. I am just wondering has anyone here done the same or know the procedure. Does the fiancee visa take long to get? We would like to move to USA once we get married. Will the visa hold me up for a few weeks?

Would appreciate any info people have.

Thanks

InTheTrees

I married an american, but unfortunatly I cant help because I squeaked in under the old law where you could go through the visa process after you were in the US rather than having to do it before you arrive.

I dont even want to tell you how long the delay was from our application to our interview (over a year) but it was in San Jose and not Dublin where I expect it would be faster.

silja

It'll be more than a few weeks I am afraid. If you want to get married and stay in the USA, you need a K1 (= finace visa). It takes 6-8 months from start to finish, then you have 6 months to use it and must get married within 90 days of arriving in the USA. After marriage, you apply for Adjustment of Status, and can start workingand travel only once you get it, which is another 3 months or so.

Your other option is to get married first, then apply for a visa. You can get married in Ireland, while in the USA on the visa waiver program (if so, you MUST leave after your 90 days, otherwise you commit immigration fraud which can lead to a lifetime ban), or anywhere else. Then you apply for a CR-1 (spousal visa). It takes about the same time as a fiance visa, but leads to an immediate green card upon entry to the USA, which means you can look for work immediately, and this visa is also cheaper.

I came over on the spousal visa, so if you want anymore info on that, feel free to ask!

oxegen85

silja,

I would love if you can give more info on that. My situation is basically im going to america on the 6 month tourist visa (B2).. then I am coming back and we are getting married. Can you start the process before you get married. Can ya pm me any other info.

Thank you again

oxegen85

o.. i just reread what I wrote. I would be looking for a K3 visa (spouse visa). Would this take shorter? It says id have to apply for it in the country the marriage takes place and then you can go to usa and wait for the processing of the case

silja

You cannot start the spousal visa before you get married (you must submit the marriage cert), and with the fiance visa, you must get married in the USA. One option could be to get legally married as soon as you next meet- ie when you go to the USA as a tourist. It only has to be a legal wedding, so you can do it cheaply in a court house (make sure you take photos for the visa interview later though). Then your newly wed husband can start with the paperwork, and by the time you need to leave the USA after 6 months, it will soon be time for your spousal visa interview in Ireland anyway. Youc an then have a church/ spiritual blessing in the USA or Ireland whenever you choose.

Forget the K3 visa- it used to be faster than the CR-1 visa, with the disadvantage that you need to Adjust Status once in the USA, ie cannot work for several months (like on the K-1 fiance visa) and have to pay more money for paperwork. However, nowadays the CR-1 and K3 spousal visas take the same amount of time outside the country, so the CR-1 is the better option as cheaper and gets you a greencard right away.

Tips:
- keep any emails, chat lots etc, letters you send eachother, phone bills showing you ring eachother.
- Keep hotel receipts, plane tickets and such things.
- Take photos when you are together, ideally with eachother's family to show they support the relationship.
- If your US fiance has not filed taxes for whatever reason, get him to do so now, as he will need to submit proof of that as part of his Affidavit of Support (which basically means he needs to show he can financially suppport you). He will need to make at least 19'000 dollars a year assuming it is just you and him (no kids or other dependants).
- Bit early now, but if you have lived in any other country for 6 months or longer, you will need a police cert from there, so look into how to do that; Ireland is easy- just go to the local police station and fill in a form, and you'll get the cert in the mail a couple of weeks later.
- You will need a medical when it comes time for the interview; for that, you will need proof of childhood and other vaccinations. You should be able to get these from your GP or the local Health Board.

silja

In tuition: it is illegal if you plan on getting married before you get to the USA. Yes, some people get away with it, but many do not and if they find out, you get banned for lfie from entering the USA. Not something I'd want to risk if I had a US citizen husband.

oxegen85

thanks for all your info... whats illegal? if I went on a tourist visa and got married? is that illegal? my plan would be to go to usa get married in a courthouse.. then apply for the spouse visa from america and come back to ireland and have a reception (cant get married again as the hse said I wont be able to)

o btw im a man .. probably confused you with the way I spelt fiance/e... sorry..

thanks

InTheTrees

silja wrote: »

It only has to be a legal wedding, so you can do it cheaply in a court house (make sure you take photos for the visa interview later though). Then your newly wed husband can start with the paperwork, and by the time you need to leave the USA after 6 months, it will soon be time for your spousal visa interview in Ireland anyway.

This is what we did way back.

The state of Nevada is the place for quick marriages. We went to one of those cheesy Las vegas wedding "chapels", they drove us to the courthouse afterwards and we got the licence. No questions asked (well some) and its done in an hour or two.

Not too romantic though.

silja

Getting married in the USA is fine; people do it all the time, especially in Las Vegas! What would be illegal is going over to get married and then staying without a suitable visa. As long as you leave after your visa-waiver stay or B2 tourist visa stay is over, you are fine.

oxegen85

ok so i think thats the only real option cos i dont wanna be waiting for the best part of a year for my visa to come after the wedding in ireland.. We kinda had or hearts set on the ceremony being in Ireland though.. suppose you cant have everything

InTheTrees

oxegen85 wrote: »

ok so i think thats the only real option cos i dont wanna be waiting for the best part of a year for my visa to come after the wedding in ireland.. We kinda had or hearts set on the ceremony being in Ireland though.. suppose you cant have everything

You could check more into Nevada It must be possible to get the licence without having the mock ceremony. You get the licence itself by standing in line at an office and then showing your pasports, paying a fee, and getting the piece of paper.

SO you could still have the formal ceremony in Ireland.

(congratulations on your marriage!)

Johann Vizagie

InTheTrees wrote: »

I married an american, but unfortunatly I cant help because I squeaked in under the old law where you could go through the visa process after you were in the US rather than having to do it before you arrive.

I dont even want to tell you how long the delay was from our application to our interview (over a year) but it was in San Jose and not Dublin where I expect it would be faster.

Fiance visa for the US?
Hi I am an Irish citizen and I am getting married to a American lady in October 23rd 2010. My question is do I need to apply for a fiance visa K-1 for the US even if we are heading back to Dublin, Ireland on the 3 November ? I will be heading over to the US on the 9 October and then heading back to Ireland after the wedding on the 3 November.
I will appreciate if you could give me some much needed advise.

Many thanks!

Johann

lonestargirl

Johann Vizagie wrote: »

Fiance visa for the US?
Hi I am an Irish citizen and I am getting married to a American lady in October 23rd 2010. My question is do I need to apply for a fiance visa K-1 for the US even if we are heading back to Dublin, Ireland on the 3 November ? I will be heading over to the US on the 9 October and then heading back to Ireland after the wedding on the 3 November.
I will appreciate if you could give me some much needed advise.

Many thanks!

Johann

Nope, you are fine to go and get married on the VWP. You only need the fiancee visa if you want to stay in the US.

Johann Vizagie

Thanks Lonestargirl, but what is the vwp?

Many thanks!

Johann

lonestargirl

VWP = visa wavier program, as an Irish citizen you don't need a visa to travel to the US, just apply for ESTA and off you go.

Johann Vizagie

Many thanks, I will then go and get married in October without any fiance visa!! Thought I need to let the authorities know....great news thanks!!

InTheTrees

You should also check the rules about marriage in the state in which you want to get married because different states have different laws.