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fiancee visa 129f.....do i really need it?

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  • fiancee visa 129f.....do i really need it?

    hi all
    can anyone help me with a bit of advice.
    me and my usa fiancee have filed for the 129f visa. i am currently in the usa (legally on visa waiver program)
    does anyone know if instead of waiting can we marry now? from reading various notices here it seems that the 129f visa is only for me to come to the usa and marry within 90 days....why am i waiting when i am able to travel here for up to 90 days at a time freely anyway?.....if we just marry then surely we can speed up our process and i can remain here with my fiancee????........if( finally ) the 129f visa does come thru and we marry within the required 90 days am i then able to stay here and start my new life? you can probably tell im confused!

  • #2
    hi all
    can anyone help me with a bit of advice.
    me and my usa fiancee have filed for the 129f visa. i am currently in the usa (legally on visa waiver program)
    does anyone know if instead of waiting can we marry now? from reading various notices here it seems that the 129f visa is only for me to come to the usa and marry within 90 days....why am i waiting when i am able to travel here for up to 90 days at a time freely anyway?.....if we just marry then surely we can speed up our process and i can remain here with my fiancee????........if( finally ) the 129f visa does come thru and we marry within the required 90 days am i then able to stay here and start my new life? you can probably tell im confused!

    Comment


    • #3
      Because the burden of proof is on you for the first 90 days after entry that you did not enter the U.S. to marry (fraud) but to visit AND that the marriage is not solely for obtaining residency status. After the 90 days, you become an overstay and removable, and have to obtain a waiver of inadmissiable and possibly win a removal first... that is why! It's how a good law should work! Bad move in my opinion and a good way to get your country crossed off the VW prog!

      Comment


      • #4
        Fiancee visa (K1 is when you are in YOUR COUNTRY and wait until its approved, may take up to 6 - 12 months to approve. Then you come here with it and MUST get married by 90 days on the first date of your entry.

        K1 the RIGHT visa and RIGHT way for marriage purposes.

        To answer your question whether you can married with visa vaiwer, yes you can, but you also have to take the risk because its considered NOT the right visa or visa fraud. But the officer will decide this on your AOS interview after you file your adjustment of status.

        For both visa you have to adjust your status (AOS). Once you file your adjustment of status, you are legal to stay and also can work (normally within 3 months after filing). If you decide to choose to get married while visiting, you have to be very careful not to going out of US until your PR approved.

        But you might have a problem since you already filed your Fiancee Visa. It will be in the record and I don't know how you're going to settle or cancel that.

        By the way I'm not a lawyer, pls act accordingly.

        Comment


        • #5
          thanks for all your opinions, i am doing it the right way by going for the fiancee visa and we are going to wait for it...it just seemed strange that i can be here anyway on the vw program for 90 days when the fiancee visa only gives me 90 days too...by the way...i want to do everything the correct way as im going to be here for the rest of my life....

          Comment


          • #6
            Remember you will have to return to your own country to complete the paperwork and be interviewed by the Embassy. I don't know what Service Center you are using but a couple of them take 6 or more months for the initial approval in the US before it moves to the country of the beneficiary so you will probably need to spend a few months in your own country at the end of your 90 days visa (the current one). Good luck

            Comment

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