CORRECT Answers ..please..why am I getting different answers???

Robert Jorge says on Sep 24, 2007, 11:11:

Well, number one; if you guys get married in the US, the K1 visa doesn't apply to you. It is by definition a fiance visa. Do people do what it sounds like you are going to do? Yes. And a lot of them do succeed in the immigration process. Many do not. All face a gruelling process, best helped by an expensive attorney. Basically, you are taking a risk by doing what you want to do. A K1 or K3 visa is not risky. If you have a legitimate case, your toughest challenge is the wait during the visa process.

--"I believe in making the world safe for our children. But not for our children's children, because I don't think that children should be having sex." - Jack Handy

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Colombiano_divino says on Sep 24, 2007, 11:19:

Thanks RObert...great info..i guess thats what ill have to do and wait around for anxiously in love..jajaja... i just wanted to know if we could get married here tommorrow without any disturbances in our plans....and then for her to come here next year with no problems already married and almost a us citizen

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Gator says on Sep 24, 2007, 11:52:

Flip a coin-and you have 50/50 odds which you will face if you marry here. Suggest marriage in Colombia and apply for a CR visa. This is a conditional resident visa and she will be granted residency upon entry into the USA, then permanent residency
after two years.

I would strongly suggest you do it correctly and not face future problem. DO NOT listen to friends on this matter. The US Embassy, Consul Section, can deny anyone a visa no explanation or reason required

American citizens have two means of bringing their foreign husbands or wives to the US to live (if you are not yet married, please visit our section for fiancé(e) visas).

* You can "sponsor" your spouse's immigrant visa for entry to the United States. If you follow this process, your foreign spouse will complete the visa process completely outside the US, and then arrive in the US and obtain permanent residency status immediately. You will need to submit an immigrant Petition for Alien Relative, Form I-130. After USCIS, the National Visa Center and the US Embassy complete all the necessary administrative processing your spouse will be granted an immigrant visa. Your spouse will receive an IR1 or a CR1 visa.

(Note: An IR-1 (IR stands for "Immediate Relative") visa allows your spouse to immigrate to the U.S. A CR1 Visa (CR stands for "Conditional Residency") will be given to you if your marriage is less than 2 years old. It is conditional for two years.

* You can obtain a K-3 visa. The K3 visa is a non-immigrant visa for the US. K3 visas are granted normally within a few months. You should use the K3 visa to start the process outside of the US, then travel to the US to complete the immigration process. Please note that in this case, the application must be made in the country where the marriage took place. If your marriage took place in the US, your spouse must apply for a K3 visa through the US Embassy in the country of his/her residence. Furthermore, and somewhat confusing – the applicant needs to have form I-129F (called "petition for alien fiancé(e)) also filed on his/her behalf. Since K-3 is a relatively new visa category, USCIS continues to be using the Form I-129F and it is still called a "petition for alien fiancé (e)" rather than a "petition for alien spouse". After the visa has been issued, the spouse can travel to the US.

If you both already live in the US.

The U.S. citizen must submit a Petition for Alien Relative (form I-130) to appropriate US Citizenship and Immigration Services (USCIS) office to prove that the marriage is genuine.

Attached to the visa petition are the following items:

* Biographical forms (forms G-325A) for both the husband and the wife with photos attached.
* Proof of the petitioner's citizenship. This can take the form of a U.S. Passport, a Certificate of Naturalization or Citizenship or a certified copy of the citizen's birth certificate.
* A certified copy of the marriage certificate.
* Certified copies of the documents that terminated any previous marriages of the husband or wife, including final divorce decrees, and certificates of annulment or death.

At the same time, the foreign-born spouse, assuming he or she entered the U.S. lawfully, should submit an application for adjustment of status (form I-485), which is an application for a green card. Normally you will also have to submit form I-485 along with green card photographs, an affidavit of support from the spouse, an application for employment authorization, an application for a travel permit (known as "advanced parole") - assuming the non-citizen spouse has not been in the U.S. unlawfully for 180 days or more - and numerous other USCIS forms.

As to your other question basically we don't want to be apart for so long. What can we do to avoid this?

Sometimes in order to avoid a lengthy separation, the couple returns to the U.S. immediately after the marriage (using a visitor visa) and proceeds to file the necessary applications once they are both in the U.S. BUT, the USCIS does not like this, and it is not uncommon for the USCIS to stop the foreign-born spouse at the Port of Entry and exclude him or her from the U.S. as an intending immigrant. The will cite this as visa fraud-a kiss of death for future visa requests.

However, if the foreign-born spouse manages to enter the US, USCIS will not deny his or her application for a green card solely because he or she entered the U.S. on a temporary visa when their real intent was to remain permanently in the U.S. You should instead apply for the K-3 visa in order to work and live legally in the US, while waiting your permanent residence.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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august says on Sep 24, 2007, 19:47:

CD, that's impressive that she even got to the States in the first place. I was under the impression that it was damn near impossible for Colombians to get ahold of those these days. It seems like a lot of us are in these immigration policy jungles - good info there Gator.

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lpdiver says on Sep 26, 2007, 13:24:

It is only fraud if you lie about it or if she came here on the tourist visa with the intent to marry.

I don't understand your desire to be married "on paper" then send her back and "stage a proper marriage".

t

"cook some rice!"

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