Currently, I would rather process a couple on a Marriage Visa than on a Fiance Visa, but for different reasons than you might think.
Question
Dear Allan, I am still analyzing some of the advantages and drawbacks of each process. Once both the fiance visa and marriage visa covers my daughter who is 16, then the other important considerations seem to be as follows:
- The drawback with the Fiance(e) Visa seems to be that it can more easily be turned down than the Marriage Visa – please verify.
- With the Fiance(e) visa can I work immediately upon entering the USA?
- What is the likelihood of getting through with each visa?
If the Marriage Visa has a significant stronger likelihood of a positive outcome then this may be the deciding factor. Thank you.
Answer
Grace, people often misunderstand the advantages of a marriage visa as compared to a fiance Visa. A Fiance Visa is a perfectly fine way to immigrate to the U.S.
Marrying does not assure visa issuance. As far as immigration officers are concerned, marriage is simply a piece of paper. It does not guarantee entry to the U.S. If you are married, we process on a marriage visa. If you are unmarried, we process on a fiance visa.
What is important is that you have a genuine and sincere relationship. The strength of the relationship will be examined carefully, not so much whether you married or not. Generally, the more time you spend together as a couple is best. People who spend a great deal of time together tend to behave like a couple and are settled. Not everyone has the luxury of frequent or extended travel, so just do the best you can do.
Marriage
Marrying right away when you first meet in person can look suspicious. It can look like a set up. If you want to marry on your first trip, then it helps to avoid marrying within the first few days of arrival. Spend some time together. Relationships are supposed to develop naturally over time. The problem we all have is that long distance relationships are hard to manage, so just do the best you can do. Immigration is all about pluses and minuses. It is a plus to spend some time together in person first before marriage.
Work Authorization
It is possible to obtain work authorization upon entry to the U.S. on a fiance visa. We can obtain is about 80 % of the time. If it fails, work authorization can be obtained in just over 2 months currently after marriage in the U.S. as part of green card processing. On a marriage visa, work authorization is automatically granted upon arrival in the U.S.
Some Marriage Visa Advantages
For immigration purposes, there is an advantage to a marriage visa, but it is different than what you might think. In the event the visa is refused, it is easier to challenge a marriage visa denial than it is to challenge a fiance visa denial. This is a matter of how the rules work, not so much a matter of having a stronger relationship simply because you are married.
Right now, when a fiance visa is refused, the USCIS is forcing the case closed, illegally in my view. To challenge improper closure, you need to file a lawsuit, which can be a bit expensive. By comparison, the USCIS has no argument to force a marriage visa closed after refusal on administrative grounds, so we have more ability to fight refusal on a marriage visa.
The final advantage of a marriage visa is that we can preprocess on a green card, even before the foreigner arrives in the U.S. The green card is approved after entry. With the fiance visa it is a two step process. Your fiance must first enter the U.S., you must marry, and then the foreigner may apply for a green card.
If David is in Guyana and you have the chance to marry, I would go ahead and marry. This will help me respond in the event you have difficulty in obtaining the marriage visa. Either visa can be refused, but we have more of a fighting chance with the marriage visa under current conditions.
Kind regards, Allan Lolly
You are welcome to contact me if you like to discuss further.
nancy says
Hello, I have a situation. I have a Mexican fiance and he left on his own will a year ago and I petitioned him with a k1 visa and he was denied. He had been here ilegally one time got caught and was sent back. Next time he stayed about a year, the third time he stayed over a year which is when we met and decided to marry but was told that he had to return to Mexico in order for me to petiion him. The homeland security says he tried to entry with a false visa which is not true, how can we fix that? He can’t go personally to the border where they say he tried to go through. They won’t give me any information either, how can we even get close to fixing this problem if no one informs me what and how to do it? No matter what I do and whom I speak with, I get the same answer, he has been barred for 9 years due to the many illegal entrances to the US. Is there any chance for an i-601 waiver for our case? I do have hardship, financially and medically that impede me from taking my children and myself to Mexico. I have applied for SSI for myself and was denied I can’t find a job and they won’t let him back here. Is there anything we can do besides waiting for the 9 years?
Allan Lolly says
Nancy, I am sorry, but it is very likely I cannot assist. I would need to do some research before giving a final answer, but things are not looking good for your fiance. In this situation, he reentered the U.S. after being deported and then also on a separate occasion after being in the U.S. for more than one year unlawfully. Each reentry after immigration violations like this incur more and more severe penalties. There is a very good chance he is barred from the U.S. for life without the possibility of a waiver. The answer would depend on the dates of entry and exit and also on his age at each point. I could review and advise for a fee, but I have a feeling he is permanently barred. If you want to know one way or the other for certain, you are welcome to email me at allan@asl-lawfirm.com. Kind regards, Allan
Maria says
Dear Allan,
My boyfriend and I want to marry. He lives in Minnesota U.S., and I live in Brazil. We want to enter with the fiance visa application but he is very worried about buying a house first. He lives with his father. Is it necessary to buy the house before going through the process?
We met in April 2012, in July he visited me and stayed with me in Brazil 8 weeks. We want to marry quick because we want to have children and I’m 41 years old. This time relationship is enough to apply for a visa?
He earns about 25,000, it is enough to shows that he can support for me?
Thank you for your attention.
Maria – Brazil
Allan Lolly says
Maria, Greetings. It is not necessary to buy a house before you go to the U.S. It may be that your fiance wants a place for his new family and this takes time. At the moment, a fiancee visa through Brazil is taking about 7 months from the time we file until your visa interview in Rio. This should give him time to buy a house if he likes before you arrive.
If you want to marry before becoming pregnant, then you might consider marrying you first in Brazil or in a nearby country and file for a marriage visa rather than fiance visa. A marriage visa is currently taking us appx. just over 8 months. It takes about a month to marry in Brazil.
$25,000 per month stable U.S. earnings and reported on his Federal income tax returns, should be enough for either fiancee or marriage visa processing, provided the income is stable and your fiance does not have any other dependents. Kind regards, Allan
Amy says
Hello Allen – I am a US citizen currently living in the Netherlands with my Dutch partner and our 2 young children (ages 3 & 1). I have been a legal resident of the Netherlands/ EU for the part 5 years and both of our children were born here but they also have US citizenship (and valid US passports & SS numbers).
My partner was just informed that he is being laid off from his company. He will receive a generous severance package equal to approximately 15 months pay. He currently makes approximately 150,000 Euro per year. Although I had a manager-level job in the US prior to my move to the Netherlands (paying $120,000 USD annually), I quit my job when I moved to the Netherlands and have not worked since. I have stayed at home to raise our children. We are considering our options – one of them is to move to the US.
Ideally, my husband would work in the US and I would, again, stay with the children until they are in school, although I could work for my prior company as well. We are not currently married, although we had planned to do so but just hadn’t done it yet. We will get married here or in the US, depending on what makes most sense for the visa/ green card process. My questions are:
1) Can we apply for a marriage or fiancée visa if I currently don’t have a job based on our significant savings? (We have significant savings/ investments equal to much more than the minimum earnings requirement. My husband also owns a house in the Netherlands.) Frankly, me moving to the US ahead of him and working for at least a year before we apply for a Visa would likely keep us in the Netherlands.
2) Would a marriage or fiancée visa be a better choice for us?
3) What is the quickest way for my partner (future husband) to get work authorization to get a job in the US?
Thank you in advance!
Amy
Allan Lolly says
Amy, Greetings. Thank you for asking. You can use substantial liquid assets held in a U.S. bank account to qualify for a marriage visa, but not a fiance visa unfortunately. I believe it is easy to marry in the Netherlands (if not then Denmark or even in the U.S.), so processing on a marriage visa should not inconvenience you too much.
In your case, a marriage visa through the Netherlands is currently taking us appx. 8 1/2 months from the time we file until visa issuance. He would be work authorized upon his arrival in the U.S. with green card approval. There can be a quicker way to process if necessary, but it carries risks. A phone call would help to discuss possibilities if the timing does not work well for you.
You are welcome to contact me at allan@asl-lawfirm.com. Better would be a phone call, 1-888-483-0311 (toll free from the U.S.), if calling from overseas, dial +1 212-483-0311, 10 a.m. to 7 p.m., Eastern Time. I hope to hear from you. In the meantime, here is a link to more information concerning income requirements:
Marriage Visa Income Requirements
Kind regards, Allan
Carlos G. says
Dear Allan
My girlfriend and I want to mariry, I’m joining the US Air Force. .. and I’m 18 and she is 22 I’ve been here in US for almost 3 years I was born in El Salvador she’s in El Salvador, what can I do to bring her … where do I have to go. ….. in few days we are turning 1 of relationship and 4 years of known each other I have traveled to there once since I came …. and I’m about to go again and I want to take advantage of this trip. .. can you help me. ….
Sincerely
Carlos G.
Allan Lolly says
Carlos, Thanks for asking. Are you a U.S. citizen? When you join the U.S. military you have the opportunity of obtaining U.S. citizenship quickly. Once you have it, you can immigrate your fiancee to the U.S. on a fiancee visa, or on a marriage visa if you marry first. I believe there is an advantage in marrying now. You should be able to obtain military benefits for her and this can help increase your pay.
It is possible to begin marriage visa processing even if you are not yet a U.S. citizen, but U.S. citizens can immigrate family members to the U.S. more quickly than green card holders.
Here is more information concerning benefits for U.S. military servicemen:
US Military Deployed or Stationed Overseas
If you like you are welcome to call me to discuss further. My number is 1-888-483-0311 (toll free from the U.S.). Kind regards, Allan
hi allan says
I’m a Captain in the US Army and my girlfriend and I met online. I have two dependents on my taxes but money is good enough to support her. I have been thinking which way is more beneficial for us and provide us with a better/quicker way to get her a visa to USA. Our relationship is very strong but we haven’t been together yet. I was thinking marrying her on my first visit to submit the papers but I would like to know your advise. Should I try first a fiance visa application and wait to get married here in USA?
Or should we get married in Colombia and try the spouse visa?
Thanks for your response.
V/r:
KC
Allan Lolly says
KC, Greetings. It would help to know where you are stationed. You need to have enough earnings to cover your two dependents, your fiancee, and you. Given you are a Captain, your income is likely fine. It should be easy to marry in Colombia so I would encourage it. You can obtain family military benefits and it should be easy to marry in Colombia. Have her go to her local marriage registry and report she is marrying an American. Ask for direction and let me know if there is anything you do not understand.
Sometimes, marrying on the first visit looks suspicious, like a set up for a fake marriage. However, this is not so much a problem at the U.S. consulate on Bogota as it can be with some other consulates. The fact that you are in the military and likely have limited leave, plus that you can receive family military benefits, helps explain the reason for marriage on your first trip. It will be important to document the history of your relationship before travel.
She will be able to receive a green card immediately after entry to the U.S. on a marriage visa. This allows in and out privileges in the event you have a duty station outside the U.S. I am available for a phone call if you have an interest in possibly working together. My number is 1-888-483-0311 (toll free from the U.S.). In the meantime, here is more information regarding U.S. military members:
US Military Deployed or Stationed Overseas
Kind regards, Allan
Analiza Manrique says
Dear Allan,
im a filipina,.divorced and i have 2 kids i met my fiancee online we know only for a 2 months and were planning to get married here in japan,.this is our first time to meet and to be together,…is this will affect if we applied for a spouse visa?…what will yu be your advice to us!…thanks and i do appreciate your advice.
liza
Allan Lolly says
Analiza, Thank you for asking. A marriage in Japan the first time you meet in person can raise questions. It might be viewed as a marriage of convenience to help you immigrate to the U.S. and not because of a genuine marriage. Sometimes it can be a good idea to marry when you first meet, but it depends on the situation. Things to consider are your ages, religious beliefs, cultural background, how long you’ve known each other, amount of time spent together in person before marriage, and so forth. If he will only be with you in Japan a few days and you marry during that time, I would think it is not so good. If you will be together several weeks and you marry after a couple weeks, this is better. Each case is different. If you have an interest in discussing further, your fiance and you are welcome to call me at 1-888-483-0311 (toll free from the U.S.). Kind regards, Allan
Justin says
Allan,
I am in the US and my fiancee is in Hungary. We met online and communicated via Skype for two months. I made a week long trip to Hungary in December and I am going again in Feb. We know that we want to get married. We are both over 40. She has one 8 year old daughter. We have all the paperwork to file for a K-1, but I am not sure what would be the faster way to get them here, file K-1 now or spend the time to get everything in order to marry in Hungary and then file for a spouse visa. Any advice would be appreciated.
Thanks, Justin
Allan Lolly says
Justin, Thank you. It seems you want information only as opposed to my assistance with immigration filings. In this case, I can offer a paid consultation so that we both can receive a benefit from the exchange. Is this agreeable? I charge $60 for the first 15 minutes and then $3 each minute after that time. If interested, please call 1-888-483-0311 (toll free from the U.S.) and our receptionist will set it up. I hope to hear from you. Kind regards, Allan
Samantha says
Hi my boyfriend of three years lives over seas and I live here in the U.S I would like to file for a fiance visa, can you tell me what is the best steps to do that? Can I do the file myself or do I need to have a lawyer do it?
Allan Lolly says
Samantha, The advantage of hiring me is to help reduce risks and increase efficiency. No two relationships are the same and no two immigration officers are the same. Also, immigration agencies make mistakes even when you do things correctly. Often, immigration agencies do not agree with each other. Immigration is simply people with their hands on your file making snap decisions. What is required is case processing that anticipates problems and reduces the risk of having them. When a problem arises, an experienced attorney is prepared to respond appropriately. A common mistake by non-attorneys is to either follow the lead of the immigration officer or react emotionally. Instead, a strategic response is required to help improve chances of success.
If you have an interest in possibly working with me, I would be glad to discuss and answer any questions you have. Please contact me. Kind regards, Allan
Diego says
Dear Allan.
My fiance just got denied what should we do next should I go there and married her o should I appeal the fiance visa she’s from the Philippines she’s just was being honest to the questions and how it will take? Any advice would be appreciated.
Diego.
Allan Lolly says
Diego, Can you please call me to discuss, or use the contact methods available on this page so we can discuss further? You cannot simply marry and process on a spouse visa. The problem with the K1 will resurface and create a barrier to her immigration that must be addressed. It’s always best to tackle problems when they first arise and not wait to see what happens. You need to respond to the K1 denial if possible, but it must be done based on procedure and regulations, not just a complaint. I hope to hear from you. Kind regards, Allan
ROY MEDLIN says
hello allan, remember me? im roy medlin from the usa, you previously got me an approved i-601 waiver and the end result was great as far as getting my fiance here, however as you know she left immediately after marriage to me and never returned and abandoned her status here. however and i have her green card with me so she is not here in usa. since she left i have found another woman from which i want to marry. she is from philippines but currently working in dubai. my question to you is i am planning to go visit her soon as possible and is it better for us to file the fiance visa or some other type of visa which might include us marrying there . we are not rich and money and costs are important to us. i would like to have your assistance again allan since you helped with the hardest of waiver before with me and i really appreciate it so much. what do you think i should do as far as which visa is best for my situation. marry there or marry here. i have dealt with hardship with my previous fiance being apart and then her sudden departure. as money is an issue we can adjust her status here aftrer marriage so initially we want be hit with all the costs of pre-approval of status. i am hoping for the same results from my next journey and im sure with your help it would assure us of success. i an a previous client allan and want the best thats why im asking you for some assistance again. and as a past customer i do hope you will consider my injustice from the ex and try to lean favorably in my direction so as to get my life back on track again. i will wait your response allan and thanks so much with all you have done. R. Medlin
Marina says
Dear Allan,
My boyfriend is a US citizen and I am a Russian citizen. We’re 22 and just finished colleges. We met 1 year ago while both studying in Europe and have been meeting ever since (3 times:Ukraine, USA while I was there on a J1). I’ve stayed with his family for 3 weeks and met them. Now he’s coming to stay with me and my family for 2,5 months.
We want to get married, but can’t decide how is better to do it: 1) while he’s here in Russia and then obtain a spouse visa; 2) or obtain a fiancée visa and get married in the US.
Which one is more likely to get?
Which one would take less time?
Also, he’s just planning on getting a job and a place to stay, is he eligible to fill in the support papers? Can his or my family help by supporting us financially?
Thank you very much,
Marina
Allan Lolly says
Roy, Greetings. I am sorry to hear the prior relationship did not work out. Yes, of course I can help and I am sure we can work out a reasonable arrangement with the fees and so forth. Can you please contact me directly so we can discuss privately? Thanks, Allan
Allan Lolly says
Marina, As noted on the page, generally a fiancee visa tends to be quicker at this time, but the spouse visa is the better visa for the reasons stated. However, in your situation, there is the possibility of a quicker processing time for a spouse visa, depending on particulars that are not included in your query.
If he has a job in Russia, generally this will not satisfy income guidelines and he may very likely need a financial cosponsor. Here is information regarding income requirements:
https://asl-lawfirm.com/blog/income-requirements-for-fiance-and-marriage-visa-processing/
Since he is planning to travel to Russia and bring you back to the U.S., it is certainly worth having him call me to help sort out an immigration plan. I hope to hear from either one of you. Kind regards, Allan
jacob says
Dear Allan, my girlfriend is a Russian citizen and I a us citizen…we met in early June of 2013 through a dating website and continued to communicate with each other through skype and emails until November 2914 when we both decided to meet in Israel to see if we were as compatible in person as we were through Skype…we spent a whole week together and it was like we knew each other for ages…she is in her late twenties and I in my mid 30’s….we both have children from past relations …we are constantly keeping conversations through Skype everyday and through skype we have met our parents and each other’s children…this year we are planning a trip to Disney world to see how are children are with each other as well as we are to how we both react to each other’s parenting skills…as we speak my gf is waiting for her daughters passport so she can apply for a tourist visa to USA …I would be lying that we have not talked about marriage …but if everything goes well on this next trip …barring she does not get declined on tourist visa…we both feel the next step is to marry…I guess my question that I need advice from you is ….we both want to be together and to raise are two kids together and frankly traveling every 6mths to other countries is not financially feasible for us and the children are only 3yrs old..we can’t have a unstable environment like that for them…and we don’t want to commit visa fraud by getting married here in USA …even though that has crossed my mind to ask her ….I just want us to jeopardize are chances and have her and her baby daughter banned from us for fraud….my family have stated that I should ask her to marry and from there file for a spouse visa but we don’t think that it’s that easy…we just don’t want complicate are chances of creating a family together …what is ur advise on this so we can make the right decision so we can be together everyday and not just 2x a year for 1 week….she teaches English in Russia and speaks English fluently …she is a college grad …I work as a manager and make above 30,0000 yr here in us …I’m a single dad and my son lives with me …so I know I am able to support us until she is able to legally work here in USA….I need some advice cause we need direction…thank u
Josie says
I am in the process of getting divorce, so i can marry the love of my life who lives in Costa Rica. Is there anyway i can file a petition for him and we can get marry here as soon as my divorce is over or i better wait for my divorce and go to Costa rica an get marry and try to get him here after we get married? We want to know what is the best way for us to be together as soon as possible. Money is an issue so we need to know which is the option for us. Thanks.
Allan Lolly says
Jacob, All visas are issued at overseas consulate posts. If you want to marry in the U.S. while she is visiting and return her to Russia at the end of her visit, then she can immigrate to the U.S. on a spouse visa due to the marriage.
Often, when a couple marries during a visit, they do not want to then end the visit by departing the U.S. and that’s the rub. Each visa has its own purpose, so the idea is to misuse the visitor visa for immigration purposes. This is possible, but risky. A phone call would help. I would like to see if there is a way to manage the risk of loss, which is what immigration is all about. When there are problems in immigration, they tend to be huge problems, so it helps to get advice early to be aware of and manage those risks. Please contact me if interested in possibly working together with me on her immigration filings. Kind regards, Allan
Sarah says
Hi Allan
I am Legal Permanent Resident and will be eligible to apply for naturalization on August 2014. My fiance and I are planning to take the Spousal Visa route, and get married on April 2014 in the Philippines.
However, people have been discouraging me to apply for spousal visa because they believe that the fiance visa will be the best option for my fiance and I. They say that it is relatively faster and spousal visa will take years to be approved. I have done research, and so far Spousal Visa seems to be the best fit for the both of us, and that the time difference between Spousal Visa and Fiance Visa are not much different.
What I am planning to do is to apply for our Spousal Visa as a Legal Permanent Resident, immediately after marriage, then upgrade it, when I receive my citizenship.
What is your opinion about this? Which of the two option do you think are the best fit for us?
Thank you so much.
Allan Lolly says
Sarah, In your situation based on what you wrote, I would favor the spouse visa. If you have an interest in possibly working with me on your immigration filings, you are welcome to contact me to discuss further. Kind regards, Allan
Allan Lolly says
Josie, Thank you for your inquiry. A fiance visa is the quickest option, but a spouse visa is ultimately cheaper. If you have an interest in possibly working together with me on case processing, can you please contact me and we can discuss further? Kind regards, Allan
Anna says
Hello,
Your site is very informative! I have been dating a dutch man who lives in the Netherlands for about 4 years now. We are in constant communication and visit each other several times a year, so proving legitimacy is not a concern. However, I am confused as to whether the fiancé or spousal visa is better for us? We currently don’t have the finances to marry, but will be getting engaged very soon. If I marry him in the Netherlands (im talking a courthouse marriage and not the celebration we would like bc of finances), would that be a problem? Would they need to see that we had our religious marriage ceremony done? Also, when he does get approved and comes to the states, will he be issued an EAD right away? Because of finances, we would hold off our marriage ceremony and celebration until we can save up enough…would we have to live together as soon as he is here? Do you think it would be quicker for him because he is from the Netherlands and not a country with a massive amount of people seeking immigration to the US (ex India)? How long do you think it would take to get a spousal visa and also how long for a fiancé visa? If he got a fiancé visa, how long would it take for adjustment of status and to obtain an EAD? He would need to work as soon as possible, so that he could save up for us to marry and begin living together, as in our religion we cannot live together until we are married by religious ceremony.
Any advice is greatly appreciated!
Rose says
Hello Allan. I am an international college student with an F-1 visa, and I am attending an American college. My F-1 student visa will expire the first week of July 2014. I married a U.S. citizen last year, but he cheated on me and that led to us getting a divorce.
A little while after getting divorced I met a really great guy. We eventually began a relationship and he is now my boyfriend. My boyfriend recently asked me to marry him, and we are now engaged. Because there are multiple visa/marriage options to choose from, we were wondering which of the following scenarios below would be our best option to do and why:
Scenario #1 – My boyfriend and I get married in the United States before my visa expires, we submit a Form I-130 Petition for Alien Relative, and then I go back to the Philippines while our marriage visa paperwork (Form I-130) gets processed and awaits approval. [Alternative Description: My husband is a U.S. citizen living in the United States. The immigrant is living overseas, married, and awaiting Form I-130 approval].
Scenario #2 – My boyfriend and I get married in the United States before my visa expires, we submit a Form I-130 Petition for Alien Relative, and then I stay in the United States while our marriage visa paperwork (Form I-130) gets processed and awaits approval. [Alternative Description: My husband is a U.S. citizen living in the United States. The immigrant is living in the U.S., married, and awaiting Form I-130 approval].
Scenario #3 – I go back to the Philippines when my visa expires in July. And my boyfriend submits a FORM I-129F Petition for an Alien Fiancé, and I remain in the Philippines while our Fiancée visa paperwork (Form I-129F) gets processed and awaits approval. [Alternative Description: My boyfriend is a U.S. citizen living in the United States. The immigrant is living overseas, engaged to be married, and awaiting Form I-129F approval].
Scenario #4 – Some other scenario not mentioned above.
Allan Lolly says
Rose, The best answer is none of the above. I do believe it would be best to keep you in the U.S. and sort out your immigration filings here. You would only go to the Philippines for personal reasons, but from an immigration standpoint it is best to keep you here in the U.S. for now. If you have an interest in possibly working with me on your immigration filings, please contact me off-post and I will be glad to discuss and assist. I hope to hear from you. Kind regards, Allan
Allan Lolly says
Anna, It is possible to obtain work authorization upon his arrival in the U.S. on a fiance visa. Currently, fiance visa processing through the Netherlands is taking us appx. 7 months or so from the time we file until his visa interview. By comparison, a marriage visa is taking us appx. 1 year. The marriage visa is generally the better visa and it is overall cheaper. It also guarantees work authorization upon arrival in the U.S. Please contact me off-post if interested in possibly working together with me on immigration filings. Kind regards, Allan
Marie says
Hello,
I’m a US citizen and my fiancé is British. We’ve been together for over two years and have had multiple visits. We’ve known each other since 2008. We got engaged last month and just found out yesterday that I’m pregnant. What are our best chances for being together during pregnancy and having him here for the birth? I have a spine injury that will prevent me from traveling to him. Any advice on how to proceed? He’s always been here legally and left on time.
Allan Lolly says
Marie, Can you please call me to discuss if interested? This case is very doable, but there are some cautions here. For example, if he wants to visit to help with the pregnancy, he will likely be blocked. Foreigners who visit cannot take jobs from Americans willing to work. It’s a matter of being aware of your options and putting together an immigration plan that makes sense. I hope to hear from you. Kindly, Allan
Eveliina says
Hi, I am Finnish and my boyfriend is American who is serving in the Air Force. I´ve been living in the States for 2 years under a student visa and we have been living together but now I am finished with school and I am going back to Finland for a little bit. We are planning to start a family and I assume that requires for us to get married for me to be able to live with him in the States or where ever he gets located.
So I guess my question is if there is a different way to apply for a K1- visa for a military member that would make the process faster or what would be the best (easiest and fastest) way to be able to get married and live together?
Thank you for your help!
Allan Lolly says
Eveliina, I routinely obtain expedites for military members, but for good cause. Being in the military is not sufficient. There must be something happening with his duties that would create a particular problem for your relationship. Immigration is convenient only for the U.S. government. You may need to adjust your plans to take into account immigration processing. If you have an interest in perhaps working with me on your immigration filings, I would be glad to discuss. Kindly, Allan
Walters Abdul-Ganiu Osman says
Hello Sir,
Goodevening, please my name is Walter, I am from Ghana, West Africa. My fiance is in USA. We love each other so much, we have been together for over a year now, buh our love is more of those who have known and be together for years… we have never meet in person, Buh we chat all day and night and do uncountable audio calls and video calls as well, I have known and been talking to her family while she does the same to my family. Now we are tired of being away from each other and she wanted to go for a fiance visa for me, plz would it be possible, can I get the visa to go live with her in the USA. she said, even if it has to do with her coming here to Ghana to meet me before coming to her in America she would do so. please Sir. what is the way out and what is the best thing to do, because we really love each other and distance is being an obstacle between us now. thank you Sir ans hope to hear from you soon.
Allan Lolly says
Walters, Yes, you must first meet in person before she can petition to immigrate you to the U.S. as her fiance. Also, she should consider chances of success. The more time you spend together in person helps increase the chance of success that the visa will be issued. Please have her call me at 1-888-483-0311 to discuss if interested. Very kindly, Allan
Bryan says
Hello, how are you? A lady and I met on Catholic Match 2 months ago, but never in person. She is from Haiti and lives there. We talk everyday through messenger, phone calls and even imo video calls. We have strong feelings for one another and can’t wait to meet for the first time. God’s willing it will be in Canada in October. She has applied for the Visa to come here 7 times prior (once after we started talking, six other times prior) but they always refused her. However, when she requests to come to Canada they accept with no problem. She’s been there several times. In addition she’s been to the Cayman Islands, Dominican Republic, and Mexico.
In the US, she has a 2nd Mom (also looked after her when she was little), several cousins, and her Godmother. In Canada she has a cousin there. I was wondering why would she be refused each time she applies for a Visa to come to the US? Also, is there anything that I can do in order for her to be able to first off come here even for a bit, then eventually have her be able to live here with me? Thanks for your time, God Bless You.
Erie Blanco says
Hello I have a quick question I am a student with D.A.C.A and an engaged to a Army solider we are going to get married when he comes back in late June. Can I go back with him to Tennessee where he is stationed? I am in California at the moment.
Allan Lolly says
Bryan, The basic problem is her history of denials. Each time she is denied a visa, any visa, typically this hurts her chances of obtaining a visa in the future. When there are multiple denials, the damage is so great that her chances of approval are virtually zero. Her history of denials can prevent her from immigrating to the U.S. based on your relationship as well. It may appear as if she will do anything to come to the U.S., even marry an American. Please do not have her apply for any more visas to the U.S. If your relationship develops and you have an interest in working with me, please call to discuss. Kindly, Allan
Allan Lolly says
Erie, You can travel throughout the U.S., no problem. You should consider not going onto the military base without first finding out if the Commanding Officer will not mind someone with DACA privileges being on a Federal facility. It should not be a problem, but for those who have overstayed, it sometimes can be a problem. Perhaps your future husband can inquire at the JAG office. Please contact me at 1-888-483-0311 if you have an interest in working together on case processing. Very kindly, Allan
Brandy Hilliard says
I met a man from Morroco over 5 years ago. There is a 20-year difference between us but I look very young. One year after we met online I went there and spent 3 months. We decided to get married. I went back for 6 months and filed finance papers. It took 1/12 years for an interview and they turned him down because they said he did not know enough about me. I gave them two years of daily phone calls, pictures when i was with him, Skype contact frequently and they still turned us down, i think it was the age difference bit I am an American and no one has the right to tell me I cannot marry someone younger. We are still together and I go there once a year for 6 months. We are both educated and we just do not know to end this or give it another try. Surely 6 years should prove something.Do we have any hope with the age difference?
Allan Lolly says
Brandy, The U.S. government has the responsibility of protecting our U.S. borders. They have ultimate say over who comes and goes. The government is not denying you the ability to marry. It is denying your ability to live in the U.S. as a married couple. It is saying you can be married in Morocco or somewhere else. This view often results in an abuse of power by the government, and it’s what I’ve fought for many years to counteract.
Statistically, marriages with a large age difference do not last after the foreigner is in the U.S., so there is good cause for concern.
You should not assume immigration is a simple matter. In my view, you should have sought help from a qualified immigration attorney early in the process so you better understand the situation. I’m here to help if interested in working with me on case processing. Very kindly, Allan
Jose Castillo says
Hello. I got a question im a us citizen and i live right at the border. I have 2 kids with my girlfriend from mexico i go there every today on monday may 23 i went to the us consulate in tijuana i got my 2 kids citizenship easy. my question is should i apply for a fiance permit or ask for something else me and my girl have been together since 2008. Thanks and GOD bless
Alyssa says
Hi Allan,
I have seen all of these questions and answers and have found them helpful. I was so seeing if you could anwser some of the burning questions I currently have.
This past April I went on a cruise here in US and met a cruise employee from Serbia. He is now on vacation back home in Serbia. Since the time we’ve met – We communicate everyday via Skype and messages, even snail mail – and have developed a relationship in this manner. We both would like him to move out here, to the US and be with me in terms of marriage. What is the suggested best way to go about this plan without it sending red flags? I have been doing my research with k-1 visa vs a B visa, which if I understand, raises red flags?
And assistance and guidance would be much appreciated.
Thanks you,
Alyssa
Samri says
Hi Allan,
My boyfriend and I met on a dating site this year (January 2016) he visited me in May and he is going to be here until mid July we have a huge age difference between us (he is 26yrs older) he is a retired veteran. we are confused on which visa to apply fiance/marriage visa. please advise how our chances are. thanks
Nb: he is american and am kenyan
Allan Lolly says
Jose, It is likely a fiancee visa can serve you well, particularly if she is used to visiting the U.S. The U.S. consulate in Ciudad Juarez is the post designated to process her visa.
Very kindly, Allan
Allan Lolly says
Alyssa, There is no obvious answer based on what you wrote. Can you please call me at 1-888-483-0311 to discuss? Kindly, Allan
Allan Lolly says
Samri, Can you please have him call me to discuss if you have an interest in possibly working together with me on case processing? Kindly, Allan
Sean says
I am an American citizen, and my girlfriend is from China. After graduating college in the USA, I lived in China for a year where I did some consulting for a small education company, and where my girlfriend and I started dating. I returned to the USA a month ago, and am now looking at bringing her back here on a Fiance visa. My current issue is that I am a young guy, and upon returning to the United States, I am still in the process of looking for a new job. My girlfriend and I would like to begin the process of obtaining a fiance visa as soon as possible, and this means that it may be before I have started working. I do not know how long it will take me to find a job, and it may be a few months. On top of that, it may be in a different city or state than where I am currently living. I have family members who I believe would be willing to cosponsor me, but I don’t know if a lack of personal income at the time of filing for the fiance visa would be enough to hurt our chances of getting it. On top of that, if I end up getting a job in the middle of the process and go to another city or state, I’m not quite sure how I would handle the address change. I am very lost and confused as to all of this, and would very much appreciate any and all advice. Thank you, Sean
Allan Lolly says
Sean, It is likely you will need a financial joint sponsor if you want her to immigrate on a fiancee visa anytime soon. I’m available to help with case processing if interested. Very kindly, Allan
Lakeisha says
Hi my name is lakeisha an i have my baby father in Liberia an he want to come to the US because in a u.s. citizen and our son is a US citizen too and I was wondering do you have to take a DNA test to make it easier for him to come to the United States to be with us the test is for him and his son do he have to do that or we just need to get married
Allan Lolly says
Lakeisha, Normally, he should not need to take a DNA test to prove the baby is his baby, but sometimes this is required. It depends on the circumstances. Consulate officers are pretty good about identifying problems and investigating. Please call me if you would like to work together with me on case processing. Kindly, Allan
Rosa says
Hello,
I am a U.S citizen my boyfriend is in Mexico and I go every weekend to see him with our 3 year old baby. He tried getting a green card and got denied and got penalize for 10 years he is currently married but he is in process of getting divorce hopefully by the beginning of the new year. His 10 years are up in Sept of 2017. What is the best process to get him to come to the united states. I am really stressed been with him for 5 years and its becoming really expensive now that we have a baby.
Dear Allan says
she lives in U.S. Currently and they have been officially married for one year and a half, how can I protect my child? and me and her want to be together and I am so confused.
If we were both citizens things like this happen everyday in this country, but as she is from Haiti and here on marriage visa I am scared. I never felt so helpless
Allan Lolly says
I do not clearly understand the issue. It sounds as if your girlfriend from Haiti is married to another U.S. citizen and you have a child with her? You are welcome to call me to discuss if you have an interest in working with our office. I will see what can be done for her. Kindly, Allan
Allan Lolly says
Hi Rosa, Very often there is more than one bar and people just are not aware. Everyone’s situation is different, so I cannot advise you to wait until next year to try and bring him to the U.S. A phone call is needed. Also, a bar waiver is sometimes possible. I am very good at obtaining them for foreigners who are barred from the U.S.
We can start case processing before his bar is lifted to help shorten the time you are apart. There should not be a reason to wait if he only has the one bar. Can you please call me to go over your case and help develop a good strategy? We work with payment plans and our fees are reasonable. I simply do not yet know the scope of work. I hope to hear from you. Kindly, Allan