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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

Originally Posted by ninahhhdreams

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?

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

Originally Posted by DoulaLC

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

Originally Posted by Lowtax4eva

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

Originally Posted by Lowtax4eva

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

Originally Posted by lawanwadee

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

Originally Posted by ninahhhdreams

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

Originally Posted by ninahhhdreams

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

Originally Posted by ninahhhdreams

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

Originally Posted by ninahhhdreams

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

Originally Posted by lawanwadee

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