Mr sammy, mohan, umesh,and anyone please give me suggestion

I have a fiancé who is an American citizen and we want to marry as soon as possible. Actually for that purpose I already took the tourist visa which is valid for three months from the American Embassy, now my fiancé is saying that I should take U(Marriage) visa. I am afraid to go again to the embassy for the U visa as they already know me. Is it possible that I can change my status after my arrival to United States or it is compulsory that I take U visa before my departure. For filling I-130 forum what i should do . For both the options what important documents I need to take with me. I would be very much obliged if anybody give me his suggestion.

Padmalata

I have a fiancé who is an American citizen and we want to marry as soon as possible. Actually for that purpose I already took the tourist visa which is valid for three months from the American Embassy, now my fiancé is saying that I should take U(Marriage) visa. I am afraid to go again to the embassy for the U visa as they already know me. Is it possible that I can change my status after my arrival to United States or it is compulsory that I take U visa before my departure. For filling I-130 forum what i should do . For both the options what important documents I need to take with me. I would be very much obliged if anybody give me his suggestion.

Padmalata

TO: PADMALATA

There is no such U visa under the immigration law as what you have said in yr post. The visa, yr fiance is talking about is a fiance visa and not a marriage visa. Let me break it down your options-

(1) You can get fiance visa, but it is a little bit lengthy procedure because in order to obtain fiance visa you and yr fiance need to meet outside the u.s. within 2yrs of its filing. This requirement can be waived if yr fiance can prove to the Immigration that he can not travel outside of the u.s.because of some compelling reasons or if he can prove that yr culture does not give permision to him to meet with you before the marriage because of some culture barriers. Yr fiance will file this petition in the u.s. alongwith its supporting documents such as both of yr's love letters, emails or any types of correspondances together including pictures as well any preparations/arrangments for future marriage when you will arrive here in the u.s. If INS approves this application, they will notify to yr fiance as well will send the notice of its approval to the embassy in yr home country. Afterward, embassy will contact you for fiance visa and you will have to go thru FBI background check(embassy will take yr fingerprint and will send over here to FBI to check any kind of criminal background on you), as well as you need to have medically cleared in order to receive a fiance visa.Embassy will send you the whole package in the mail. Once, everything goes right, then you will be given a fiance visa, but be remember you need to marry to this person within 90 days of your arrival to u.s., otherwise your fiance visa would be no good anymore for that purpose. You should also know that you are allowed to marry ONLY to this person who has applied it for you instead of any others. In addition, you are not allowed to change yr status in any other status over here in any situaton, except marrying to the same person, period. The whole procedure will take 6-9 months, specifically thesedays when each authorities are so busy in other important tasks.Once you get here, your husband can file form I-130 and yr application I-485 together for a p.residency.

(2) Yr finance should visit and marry you in yr home country, then come back alone to u.s. and should file a petition I-130, which would require a marriage certificate of yr marriage.The processing time for this application would depend where yr fiance lives in the u.s., because if he lives in east coast then it will take upto 9 months, but if he lives in west coast then it will takes only upto 2 months. Once, this petition is approved, he can file a petition for K-visa for you based on approved I-130.The purpose of this visa is that you wanted to file your adjustment of status application (I-485) in the u.s. and will wait over here untill it is processed instead of yr home country. Once, K-visa application is approved then its procedure is almost similar to the fiance visa like INS will send notice to the embassy and then embassy will contact you and you will need to go thru criminal background check-up as well have medically cleared. Once, you will arrive here, you can file adjustment of application with yr local INS office.

(3) You should come over here on tourist visa which you have, before it expires, and marry yr husband, as well start the paper works over here. Once you will enter to the u.s.,INS will stamp your passport for 6 months. The visa which you have is good for 3 months only which means you can ENTER the u.s.within that time periord, and if you like you can choose to come even a day before it expires.But, once you will enter here, INS will issue you 6 months stay regardless when your visa is expiring as long as you enter before its expiration. Make sure do not try to change yr status or marry before 90 days otherwise you will get hard time from the INS in the future.After 4 months of yr stay, you can marry and start the papers work, but make sure that you also file for work permit alongwith all paper work so that you can live here legally under 'ADJUSTING STATUS'. You will face 'pre-intent' bar from the INS, if you get marry after 3-4 months of yr arrival. This is the safest, easyest, fastest and best option for you. If i were you, i would choose this one since i can go to the u.s. right away without any hussle or time consuming. Moreover, firstly, it will take upto 9 months for Fiance and K-visas, secondly, what is the assurance that you will receive either of those for sure, because if you don't, then yr tourist visa will expire on the other hand since it is good for only 3 months.In addition, if any of yr application is denied in the u.s.,then you are allowed to appeal upto the United States Supreme Court, which you can not do it if anything goes wrong at embassy.

In any situation, you will be one will make the right bet. It seems from your name that you are Indian (south indian). I hope i have clarified the issue to you. At last, i just want you to know that i was not supposed to answer since i have just taken out myself from this Board because of some ignorant people over here, but yr plea for help compel me to answer you. Good luck.

TO: PADMALATA

Let me correct myself since there is a typographical error in my post earlier.You will face "pre-intent" bar from the INS in the future if you try to adjust yr status BEFORE the 90days of yr arrival to u.s. on a tourist visa, unless you can prove with 'beyond the reasonable doubt evidences' to them that the circumstaces were beyond your control.So, it is very that you must not try to change yr status during that period.

Good To Know That You're Beginning To Correct Yourself, Sammy!

Sammy is good

Kevin, how do you know that?