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  1. #1
    Join Date
    Aug 2011
    Posts
    4

    Default Marrying a Foreigner - Valid Visa, No Overstay

    Hey guys...
    I am an american citizen. I have been dating a citizen of Guatemala while now. She has a valid Visa (10 years) and has been here to visit me a few times and I've been there a couple as well to visit her. We want to get married and her come here to live with me in the States.

    What is the procedure for this? I am planning another trip there in November and we are planning to get married while I'm there, and for her to come back with me to live. Is there anything special that needs to take place before-hand? Will immigration allow her to enter with me? If so, will she have to return before the 6 month period to avoid any trouble or is there any way around this? I know nothing about the immigration system and I don't want to run into any snags.

    Please advise =)

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Marrying a Foreigner - Valid Visa - No Overstay

    If you plan on getting married in her nation of origin, the process for getting married will depend on the laws of that nation.

    Once you're married there, if you want her to enter as your spouse with intent to seek permanent residency, it would make sense to apply for a spouse visa. She would not want to enter on a tourist visa with the intent of remaining in the U.S., while misrepresenting her intentions at the port of entry - that could cause her to be subject to a denial of entry or removal.

  3. #3
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Marrying a Foreigner - Valid Visa - No Overstay

    Thanks for the response, Mr. Knowitall.

    How would I go about applying for a Spouse Visa? Shouldn't this be done after the wedding takes place or would this need to be initiated prior to? If this has to be done after, can she come with me to the States and we apply for the Spouse visa after she arrives? If it has to be done before, when should we submit this request, as the wedding is in November? What all is involved and what is an average cost for something like this?

    Thanks in advance for future responses.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Marrying a Foreigner - Valid Visa - No Overstay

    Read this.

    As spouse visas are for spouses, you must marry your fiancee before she qualifies. You previously indicated that your fiancee would be going home after the wedding, and thus were told of the type of visa you would seek for a spouse who returned home.

  5. #5
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Marrying a Foreigner - Valid Visa - No Overstay

    Thanks, Aaron.

    Sorry for any confusion, however I had previously indicated that I (an American Citizen) will travel there to marry her in her home Country (Guatemala) and immediately bringing her back with me to live. The link you posted indicates, to me, that a Fiancee Visa would be for my Fiancee moving here with me, to marry here. Should I apply for a fiancee or spouse visa for her previously or wait until she is here, or do we have to wait for several months after we are married to bring her here?

    As I'm sure you guys much more educated in these practices than I am, please let me know if you need additional information from me to advise properly.

    Thanks.

  6. #6
    Join Date
    Aug 2011
    Posts
    4

    Default Re: Marrying a Foreigner - Valid Visa - No Overstay

    Ok. So after doing some research, I think I may be starting to understand this immigration process.

    Steps that we have to take:
    1. I have to fill out form I-129F (Petition for Alien Fiancee)
    2. She has to apply for a K-1 visa in her home country of Guatemala (I don't know what type of visa she currently has). With this, she will fill out form DS-156K, provide two password photos, he existing passport and birth certificate.
    3. She will then have to go for a medical examination
    4. After the visa is approved, she will hold this packet (unopened) until we both return to the States
    4. I will then go to Guatemala where we will get married
    5. We both return to the States afterwards and file for a change of status for her

    Please let me know if this looks right, if I am missing anything or if I have it completely wrong.

    Also, does anybody know how long this generally takes? We are planning the wedding for the beginning of November? =)

    Thanks!

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