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ninahhhdreams
Feb 9, 2009, 12:50 PM
I am going to the Dominican Republic this summer to marry and bring my future husband back to the US. The thing is, what papers would we need, how much would it cost, and would it make more sense to get a temporary visa for him in case the marriage doesn't work out?
The only way he said he could return back with me to the US is if we married. Could anyone tell me why this would be the case?

DoulaLC
Feb 9, 2009, 01:11 PM
I'm curious as to why he thinks he can't come into the US unless he is married to you?

Lowtax4eva
Feb 9, 2009, 01:14 PM
Sounds like he is using you to get a green card... he could obviously enter the US as a visitor but doesn't want to do that... there is a fee of $1010.00 (to start off) to apply for a green card through marriage

lawanwadee
Feb 9, 2009, 01:16 PM
I am going to the Dominican Republic this summer to marry and bring my future husband back to the US. The thing is, what papers would we need, how much would it cost, and would it make more sense to get a temporary visa for him in case the marriage doesn't work out?
The only way he said he could return back with me to the US is if we married. Could anyone tell me why this would be the case?

This part is not true.. "The only way he said he could return back with me to the US is if we married. "

I assume that he is not qualified to obtain any other types of non-immigrant visa on his own. The fact is you can't bring him to US immediately after marriage.

The safer choice is fiance's visa. If you have met in person before at least once during the past two years, you may file K-1 visa. See details here: How Do I Bring My Fiancé(e) to the United States? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=39c0194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)

Once he enters US on K-1, you have 90 days to decide whether you want to get married or not. If not married in 90 days, he must leave US.. can't married anyone else. A lot of things could happen in this 90 days.. It's worth getting through this channel, so you won't end up whining about immigration fraud when marriage gets sour.

lawanwadee
Feb 9, 2009, 01:18 PM
I'm curious as to why he thinks he can't come into the US unless he is married to you?

He is not qualified to obtain either visitors visa or student visa... want to bet? :p

lawanwadee
Feb 9, 2009, 01:18 PM
Sounds like he is using you to get a green card... he could obviously enter the US as a visitor but doesnt want to do that... there is a fee of $1010.00 (to start off) to apply for a green card through marriage

Agree 100% about he's trying to "use" her for green card.

ninahhhdreams
Feb 9, 2009, 01:19 PM
Sounds like he is using you to get a green card... he could obviously enter the US as a visitor but doesnt want to do that... there is a fee of $1010.00 (to start off) to apply for a green card through marriage


Would this be the case for a person who was in trouble with the law? Or would he automatically be denied if he were a criminal?

ninahhhdreams
Feb 9, 2009, 01:22 PM
He is not qualified to obtain either visitors visa or student visa... wanna bet? :p

WOW! I didn't see all the responses, but thanks! Why wouldn't he be able to qualify? OMG!

lawanwadee
Feb 9, 2009, 01:25 PM
Would this be the case for a person who was in trouble with the law? Or would he automatically be denied if he were a criminal?

If he has previous criminal record, you must have immigration attorney filed a waiver on his behalf, or the case would be denied.

ninahhhdreams
Feb 9, 2009, 01:28 PM
And how costly is that?!

lawanwadee
Feb 9, 2009, 01:31 PM
and how costly is that???!!!

A few thousands.. depends on how good the attorney is. A top notch one could be up to 5K.

DoulaLC
Feb 9, 2009, 01:34 PM
That is just part of the cost. There are several hoops to jump through along the way... each stage requiring a good amount of documentation and fees. As lawanwadee said, contact an immigration lawyer. Depending on the criminal charges, he may not even be able to gain access regardless.

ninahhhdreams
Feb 9, 2009, 02:00 PM
OK so, hmm... what if this was not the case and alls was needed was just to apply for a fieance visa. Is that costly? And once we were married here in the US, I was told every 2nd anniversary we were to report to immigration to verify the marriage. What if we marry, he gets his visa, and the marriage fails? What recourse is there after that?

Lowtax4eva
Feb 9, 2009, 02:07 PM
Applying for the fiancée visa is $190 but there may be other fees (fingerprinting, medical examination etc) I haven't looked too far into it. You may want to consult with an Immigration attorney, some will sit with you and listen to your situation for a small fee and give you advice about what you should do. Then if you want them to do all the papers that is when it gets expensive. I suggest this because if he does have a criminal record it will get complicated quickly.

Fr_Chuck
Feb 9, 2009, 02:07 PM
Is there a reason it should fail, I am sorry I guess I never hear people saying it may fail before they are even marrried.how long have you know him,where did you meet,how many dates have you went out on

lawanwadee
Feb 9, 2009, 02:22 PM
Application fee for fiance's visa is $455, and another $1,010 for adjustment of status, plus $340 in case the applicant wants to get work permit so he/she can start working immediately.

After 2 years he/she must apply for removal of condition which costs $545.

The most important issue is the Affidavit of support which is a legal contract between you and US government. It is a legally-enforceable promise to the effect that if the alien receives any means-tested public benefit from any federal, state, or local agency or private entity the sponsor will reimburse that entity for the benefits provided.

These obligations continue until the sponsor dies or the alien either (1) becomes a US citizen, (2) earns or can be credited with earning 40 qualifying quarters of coverage as defined by the Social Security Administration, (3) obtains in a removal proceeding a new grant of adjustment of status as relief from removal, (4) ceases to be a lawful permanent resident and leaves the United States, or (5) dies. Divorce of the sponsor and alien does not terminate this obligation.

DCcityboy
Feb 12, 2009, 06:56 AM
Would this be the case for a person who was in trouble with the law? Or would he automatically be denied if he were a criminal?

There are lots of reasons for B visa denials, the simplest being the officer believes the applicant is not a true visitor and is an intending immigrant. This is the same reason many F-1 visas are denied. The conoff believes they are using the B or F visa simply to enter the US and will overstay. Also if he has been denied before, it is that much more difficult to get the visa issued.

No automatic denial for a criminal arrest, charge or conviction, but certainly would want to have an immigration attorney review the case to see if it is one of the grounds of inadmissibility, used as a grounds for denial of the visa.

+1 on the K-1 finacee visa. Good luck! :)

DCcityboy
Feb 12, 2009, 07:10 AM
ok so, hmm.... what if this was not the case and alls was needed was just to apply for a fieance visa. Is that costly? and once we were married here in the US, I was told every 2nd anniversary we were to report to immigration to verify the marriage. What if we marry, he gets his visa, and the marriage fails? What recourse is there after that?


The K-1 fiancée visa process starts with your I-129 petition (with K supplement) to get the case approved by USCIS. After that, your finacee applies at AMCON for the visa. He enters the US on the K-1, you get married (see FR_Chuck's reply regarding marriage), then you apply to adjust status (AOS).

He will be scheduled for biometrics (FP and digital photo for PR card), they will start the FBI and security check, you will be scheduled for an interview at the local district office, you go to prove up cohabitation and co-mingling. At the interview, if you are married less than 2 years, the officer will grant conditional residence.

You need to file form I-751, 1 year and 9 months from approval date to remove the conditions. You submit the same type of documents as you did previously to prove up cohab and co-mingling. Same interview, all should be approved.

Your husband is eligible to apply for citizenship when he has been a LPR for 3 years, if he is still married to you at the time of citizenship. The 3 years runs from 1st CR approval date. Good luck first with your marriage, then with the immigration.:)

ninahhhdreams
Mar 5, 2009, 10:38 AM
Your husband is eligible to apply for citizenship when he has been a LPR for 3 years, if he is still married to you at the time of citizenship. The 3 years runs from 1st CR approval date. Good luck first with your marriage, then with the immigration.:)[/QUOTE]

thanks to all for your help and concerns!! I am doing things praeryfully and through a pi I contacted some months back. Hey, some would not do this, others do what they think is best.
People say these days" it is what it is", but I say It's what you make it. Since it is happiess and a future with someone I like and who wants a family like I do, plus wants me as well, I'm going to go for it.:)

meanwhile... tons of questions! Thanks to all for you wisdom and knowledge!!

ninahhhdreams
Mar 5, 2009, 10:39 AM
A few thousands.. depends on how good the attorney is. A top notch one could be up to 5K.

Lol! I was going to call it quits, but he is working two jobs... he told me $5,000.00?? Who knows lol

DCcityboy
Mar 5, 2009, 12:01 PM
Does he have a criminal record? If he does not, I think range of legal fees for a K-3, IV consular processing and AOS would be $2000 to $5000. If you need a waiver, add $2500 to $5000 depending on the nature of the conviction, etc.

ninahhhdreams
Mar 5, 2009, 05:15 PM
I really don't think there is a record because he would know he would not be allowed to leave the country. They are going to delve into both our backgrounds, I'm sure!

I have told him over and over, if all he wanted was just to come to the US, I would help him to achieve that status, just don't try to deceive me. What if, this is just a long shot though, I am deceived anyway and he, heaven forbid, runs off with someone from here or even someone from DR, what recourse is there then? Do people who do that get in the country and flee? That would be risky! Again, I ask questions about the what if's(someone previously asked me why was I speaking as if things could go wrong, but in every decision you make informed choices) because I just need to know every side of the coin). I mean, really, things go wrong even among people of the same country, when not careful... thanks!!

ninahhhdreams
Mar 5, 2009, 05:18 PM
Oh and how long will I need to be down there to get paperwork in progress. I heard someone say he's not coming back with me. Oh really? Does he have to wait, or something before he can come back with me. If so, how soon could he come?

DCcityboy
Mar 5, 2009, 05:44 PM
If you are married you would file for a K-3 visa for him. After the visa is issued, he enters the US and he then files for permanent residence.

If you are engaged, then the K-1 visa. File the I-130, then K-1, after the visa issued, he enters the US, you marry within 90 days and then he files for permanent residence.

If you really think he may be using you to enter the US, then you should not get married yet. At the most, file the K-1 and you have 90 days at least to decide to marry or not here in the US. Please note, that if he is here on a K-1 he cannot get permanent any way other than through your petition.

I hope all works out for you.

ninahhhdreams
Mar 5, 2009, 08:40 PM
OK so it seems, I file the I-129F petition here and he files the K-1?

If I will be there June 4 for a few weeks, shouldn't we be getting the paperwork started now?

Also, we have communicated via phone, email, im's for nearly two years but have never had a face to face, will this keep us from actually being able to go forward?

DCcityboy
Mar 5, 2009, 08:56 PM
A requirement of the K-1 visa is that you have physically met in the past 2 years. If you haven't, don't file. It will not be approved except in very limited circumstances (cultural or religious).

Meet, document it, file the I-129F, get the approval, then he will use that to file for the K-1 visa.

ninahhhdreams
Mar 5, 2009, 09:06 PM
Thanks! Will let you know this summer how things go and most likely hit you up for more advice. Thanks for being there!! Cheers!

DoulaLC
Mar 6, 2009, 03:22 AM
Keep in mind, it will take quite a bit of time from when you file before he would be able to actually move to the country as each step along the way will need to be approved.

For me it took several months and that was doing it on our own, with things going very smoothly. These days there is even more red tape, so it can be longer.

K Visa FAQ (Marriage Based Immigration) - VisaJourney.com (http://www.visajourney.com/faq/k1faq.htm)

ninahhhdreams
Mar 6, 2009, 11:36 AM
Keep in mind, it will take quite a bit of time from when you file before he would be able to actually move to the country as each step along the way will need to be approved.

For me it took several months and that was doing it on our own, with things going very smoothly. These days there is even more red tape, so it can be longer.

K Visa FAQ (Marriage Based Immigration) - VisaJourney.com (http://www.visajourney.com/faq/k1faq.htm)

Thank you. Link very detailed compared to the ton of websites I went to last night. Everything helps! :-)