The illegal immigrant should go back to his or her home country and complete the divorce with his or her spouse. Then you should either get married in that country and apply for a spouse visa, or go visit that country and upon returning apply for a fiance visa and get married in the US after the fiance visa is granted.
You have to leave the country and file for marriage or leave the country and apply for a fiance visa, you cannot change the status of your visit while you are in the country.
If you get married in a country other than the US.
Illegally married? You mean the fiance was an "Illegal" when he married? If the fiance was married then the fiance's marriage must be legally concluded (divorced) before applying for a K-1. They also must exit the US to qualify for a K-1.
Not right away. You enter the US with your fiance visa, get married within 3 months and wait for your employment to be approved which takes anywhere from 6 months to a year.
It is extremely illegal to enter the United States with the intention of getting married. You need a fiance visa to marry a US citizen or premanent resident. If you come to the US with a student visa with the intentions of going to school and then later you meet someone, fall in love, and get married...then you have the right to file the I-485 to adjust your status from student visa to green card holder. But coming to the US, stating you intend to get married without a fiance or K visa, you will be in trouble.
A fiance visa has a shorter processing time compared to marriage-based immigration visas. This is specific to the US. Canada does not have a fiance visa
A person on a student visa is permitted to stay in the US only for the duration of time for which the specific course is designed. There are separate visas that one should use in case of getting married to a US citizen - the fiance' visa. Green card holders cannot petition their spouses of fiance's inorder to get married.
If you are just going to visit him in the US, all you need is a visit visa (tourist visa) but if you are planning on making your home permanently there with him, he needs to apply for a K-3 spousal visa for you.
USCIS Form I-129F, Petition for Alien Fiance must be filed for fiance visa. Filing fee for a fiance visa is $340.
I advise you for haring a good travel guide who has vast knowledge about travel.
I am having same problem by my reserch and my fiance's you can't u need at least a k-1 visa or the marrage may not be honored by the US gov'ment
You can marry here and is probably best as they will not let the fiance enter the US until the paperwork is finished. As soon as you get married here in the US apply for his/her residencency and Do Not Leave the country without a Re-entry visa or Alien Resident card.
Yes a K1 visa is classified as a non imigrant visa. It allows a non US citizen to come into the country to marry his/ her US citizen fiance. After the two are married, the non US citizen receives permanent resident status from the department of homeland security.
I would say a tourist visa (6 month) is best because a fiance visa limits your time and is not one that can be renewed like a tourist visa. You can renew a tourist visa for 6 months. It does not always get approved but it is something that is possible with the tourist and not with the fiance visa. Now if you plan on getting married as stated in the fiance visa then in that case this would be the one for you. United States Citizenship and Immigration Services, http://www.uscis.gov
Can my fiance(e) come to the US to visit me once the visa process is started? This may actually be the most common question in the newsgroup, asked on a near daily basis. A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant." A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing... * Current enrollment in school * Employment in the home country * Strong family ties to the home country This question does not have a good answer. Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process. Refer questions regarding experiences to the newsgroup. * See http://www.visajourney.com/faq/k1k2visa-application.html for a more complete answer to this and many, many other questions *
If you plan on getting married in the US, file for a K-1 Fiance visa. It will take about 6-8 months.
Currently an American citizen is not able to obtain a fiance visa for a same-sex fiance.
File for a fiance(e) visa for the person and marry her/him once s/he gets the visa and comes to the US. After marrying, file for adjustment of status. And once he/she enters the USA with the fiance/ee visa, you have to marry him/her within 90 days.
The best way is to get married to your fiance in the US or country of origin. This qualifies you for the K Nonimmigrant visa with which you can then apply for permanent residence.
US citizens can visit Singapore visa-free for up to 90 days.
Best Guess: The Salvadoran can go back to El Salvador with or without child (who has U.S. birth certificate). Then U.S. citizen can file fiance visa. Once approved, Salvadoran goes to US consulate in El Salvador and gets fiance visa to come back to U.S. for purpose of marriage. Usually fiance visa takes about 3 to 6 months.
As a US citizen you can apply for fiance(e)'s K-1 visa by filing Form I-129F. The filing fee is $340.