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HELP!!Getting married soon need advise

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airmack

Junior Member
(Florida) I am getting married to my fiance who is able to travel on her fiance visa. She will not be staying in the states. We will be doing it legally. My questions is...when we start the paperwork in her country, will she be allow to travel to the US for a few days on occastion while the paperwork is being completed? If not, is there a waiver we can get? Thanks
 


AHA

Senior Member
Your post is confusing.
Does she have a K1 fiancee visa (valid for only 1 entry into the US) already? Or are you marrying outside of the US and applying for a spouse visa?
 

evcalyptos

Senior Member
(Florida) I am getting married to my fiance who is able to travel on her fiance visa. She will not be staying in the states. We will be doing it legally. My questions is...when we start the paperwork in her country, will she be allow to travel to the US for a few days on occastion while the paperwork is being completed? If not, is there a waiver we can get? Thanks
No, according to you she has a visitor's visa, is coming to get married and then she'll return to her home country.
https://forum.freeadvice.com/immigration-9/visa-waiver-program-question-435894.html#post2073362

You actually start the paperwork in YOUR country, by you filing the I-130 afteryou get your marriage certificate (must be the recorded copy).

She may travel to the US as a visitor while waiting for her petition to be approved. She just uses her visa and understands that she is VISITING and may not stay to adjust her status. No lying at the border! If you're going to do it right, do it right. :)
 

airmack

Junior Member
yes, she is not planning on living here. We are planning on doing it the legal way, but just want to make sure that she can travel on her visa waiver while we are doing the paperwork. So when I file the 130 form. How long does that take?
 

evcalyptos

Senior Member
yes, she is not planning on living here. We are planning on doing it the legal way, but just want to make sure that she can travel on her visa waiver while we are doing the paperwork. So when I file the 130 form. How long does that take?
I'm sorry for the way this might sound, but you're not really at the point of filing your own case.
Why would you file the I-130 if she is not planning on living here? I --think-- I know what you mean, but your language is not clear.

Now you say she has a visa waiver.. where is she from? A visa waiver is NOT the same thing as a tourist visa.

You want to make 'sure' she can travel while a petition is pending but you do not give any information to help give you an accurate answer. Most people can travel with a petition pending, but some can't.

The I-130 is one single step in a multi-layered process. Do you know what visa she will apply for? Generally, an immigrant visa case for a spouse will take just under a year to complete.

Please do some internet searching for family based immigration sites that have explained the process in layman's terms, or seek professional help. You're really in for a year or more of misery if you don't get it straight what you're doing --before-- you start.
 

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