I need some help

[jchc22]

I have seen this site in the past, but I guess things were erased. I will be proposing to my girlfriend who came here without inspection when she was a child. we are both 23 now. I was wondering if there is a way we could speed up the process of getting her papers. Is there such thing as an application for fiance? Im not really sure how to go about filing for her. do we have to wait until marriage or can we submit them now? can someone that knows about this or is going through this please help me out.

[Marie]

I'm going to move this to the I601 section and someone will be able to help you there.

[Cynthia]

jc, your GF EWI from which country?

I have seen this site in the past, but I guess things were erased. I will be proposing to my girlfriend who came here without inspection when she was a child. we are both 23 now. I was wondering if there is a way we could speed up the process of getting her papers.

An advance congrats to your upcoming proposal. :) Answer to Q: No. There's no shortcuts no speeding up unless you fall under the category of Expedited Waiver: Medical and Military (deployment) only. Altho, it's been said and done that K1 (fiance visa is much/sorta "faster" than K3) http://www.visajourney.com/forums/index.php?autocom=custom&page=compare

Is there such thing as an application for fiance?.

Yes. The I-129F/K1

Im not really sure how to go about filing for her.

You may go here for the forms needed (ALWAYS refer to www.ucis.gov updated Forms): http://www.visajourney.com/forums/index.php?autocom=custom&page=examples

do we have to wait until marriage or can we submit them now?.

NO. You don't hv to wait. You can start anytime. :)

Hope this helps for the time being as I'm sure others will chime in with further infos.

[Dorothea]

jchc, welcome to the site, and best of luck on your upcoming proposal!
Cynthia is right! File the I-129F ASAP to get things moving.

[jchc22]

she is from mexico. if I could apply for her papers as my fiance, how long do they the give us to marry? if there is any time restrictions

[kitkat1]

she is from mexico. if I could apply for her papers as my fiance, how long do they the give us to marry? if there is any time restrictions

Start by reading the USCIS site for information on the Fiance Visa process: http://travel.state.gov/visa/immigrants/types/types_2994.html

Then read the Ciudad Juarez website for more information on the Fiance Visa process: http://ciudadjuarez.usconsulate.gov/wwwhivfi.html

You'll also find good guides on www.visajourney.com: http://www.visajourney.com/forums/index.php?autocom=custom&page=k1guide


Yes there are time restrictions (for just about everything).

Once you have an approved I-129F Fiance Visa petition, and she has had a successful interview and received her visa in Ciudad Juarez, she has 6 months to enter the US and you have exactly 90 days to marry. After that, you must continue the adjustment of status process in the US. Since she entered without inspection and has illegal presence in the US after the age of 18, she will be ineligible for a visa and will have to file a waiver. But since Ciudad Juarez has the pilot program for waivers, if she is eligible the waiver will be approved in a matter of days (instead of months). Be sure you read everything about waivers and hardship letters so you understand this part of the process as well.

[needhelpfast]

Hold on, it sounds like she is here in the US with him.

Can you file the 129f in the US?

Don't send her back to Mexico if you can file here. Wouldn't it be better to marry her here and apply for the I130?

Would she still have to go back??

I'm not sure about this, maybe someone can answer this.

[kitkat1]

It doesn't matter if she is currently in the US -- any petition can be filed while the person is in the country which many people do.

Marrying in the US and attempting to adjust her status is not an option - she entered illegally. She has to go through consular interviewing and the waiver process.

[aguilar1115]

edit

[jchc22]

ok well she does live here. she entered the us when she was 10. we are probably going to see this lawyer sometime next week, who is my fathers friend. I just wanted to know all the options I have. I have read about the fiance visas but all are for people that are not in the us. what happens when she is already here?

[Adriane]

JCHC- You can 100% apply for a fiance visa for someone in the US- just be prepared to file an I-601 for her illegal presence.

Aguillar- I don't know the details of your case, but if your husband was in the country illegally, and you left to get married in Mexico, all that would do would be to have you guys stuck out of the US longer (while you waited for your I-130 to be approved and for an interview date to roll around.) Unless your lawyer was suggesting that you lie and say that he'd never been here illegally. I don't mean to be rude (and there may be circumstances in your case I don't know), but I've been shocked and some of the illegal & unscrupulos things lawyers have suggested!:shocked:

Needhelpfast- If she's in the country illegally she will have to go to her interview in CDJ and file an I-601 waiver, regardless of whether they are married or not. Marrying an illegal alien in the US doesn't stop them from being illegal. And yes, as a spouse you'll need to file the I-130; I-129f's are for fiancees (or for spouses after I-130s have already been received.) But the fiancee route is faster as I-129f's tend to get approved faster and fiancees don't have to wait for appointments, they can just go after they get the interview packet.

Member Jancy just got approved this week! She filed an I-129f while her fiance was still in the US, they left for his interview and it was just approved! But that was before the Pilot Program, so they had to wait- you're in a much better boat. Since the Pilot Program was started, you can probably get your fiancee's visa in a day or two.

Good luck!