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Mrs. D'orsay, Baltimore/Lancaster UK Age and Occupation: 24, nonprofit communications Fiance's Age and Occupation: 29, Web site developer and designer; co-owner of men's skincare shop Engagement Date: August 10, 2008 Wedding Date: August, 2009 Venue: Oakland Manor About Me: I'm a Maryland raised environmental policy wonk/activist/organizer and communications aficionado. In the past year I've lived in Baltimore, MD, Tucson, AZ, Miami, FL and Lancaster, England. In my not so spare time I enjoy planning trips with Mr. D' Orsay, visiting friends and family and crafting like a mo-fo. I also enjoy modern dance classes, rugby and soccer but have been banned by my mother, MOHs, and Mr. D' Orsay from playing till after the wedding. I have an unnatural addiction to cheese and shoes, but love Mr. D' Orsay more than either and can't wait to become Mrs. D' Orsay!
About Mrs. D'orsay

It’s not so easy.

Or cheap.

So, You'd Like to Marry a Foreigner? :  wedding baltimore Visas

(source)

Disclaimer: I am not am immigration attorney or specialist, though we have visited them.  This is just our experience with the process so far.

In the US you’ll use an I-129 F form to apply for a K1 visa, which gives you the right to marry a US citizen. This way, if you intend to switch back and forth between your home countries, everything will be much easier (or so we hear).  There are ways to get around this route, but we’re playing it safe since we’re not sure which country we’ll be living in yet.

With this form you’ll need a check for $455, and a boatload of evidence that you and your intended are actually a couple. We used plane tickets showing trips we’d taken together, credit cards statements showing we spent money in the same place at the same times, emails sent back and forth, and the engagement ring receipt. They also allow you to show them 5 pictures. We tried to include pictures of us in different places (AZ, FL, MD) and included photos of us with other people. Mr.D’orsay also created a quick “save the date” to include in the package so they’d know our wedding date and that we’d need the visa before June.

They have a website that will show you the approximate processing times for your center, and ours is 6 months. We sent our paperwork to USCIS in October and have received a receipt back, but no further notification. They also have a place online where you can check on your status, but ours really hasn’t been updated (way to keep me stressed, US government!). I just checked the site however, and it has changed to say that there is no longer a time frame since they’re exceeding the previous time frame and that they are currently processing applications for the fiance visa from March 2008. Great.

The next step will be for Mr. D’orsay to go to the US embassy in London for an “interview”. We’ve heard from other couples who’ve done this that the interview is actually like going to the DMV or the bank. It’s just a window teller that asks you a few questions, which is a bit unfortunate, as we saved wedding contracts and other similar things as additional evidence for this interview. Go figure.

We plan on returning on June 1st, which gives us slightly more that 90 days once we enter. This is important because once you enter the country on a K1 visa, you’ll have 90 days to get your marriage certificate and get married. Which means, come hell or high water we’ll be married before August 29th, otherwise we’ll have to restart the whole process.

In the UK however, I’ve heard it only takes a few months to receive the fiance visa! I have a pretty large family and we can’t really afford to pay for a wedding in pounds.  These are a few of the many reasons we decided to get married in the US. That “couple of months” waiting period sounds pretty nice, though!

You can’t work on a fiance visa while you’re in your fiance’s country either. With both the US and UK fiance visas you are not allowed to do paid or unpaid work, which means no internships, volunteer work, etc. Again, on the US fiance visa you have 90 days from point of entry to get married, and in the UK they give you 6 months.

That’s our experience in fiance visas. I hope it’s helped you if you’re on this path, and if not, I hope you’ve gained some insight.

Have you had any immigrations issues? What advice can you add for other couples in similar situations?

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23 Responses to “So, You’d Like to Marry a Foreigner?”

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1.
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Stephanie

Hi Miss D’Orsay,

I am actually getting ready to do exactly what you are doing. I am engaged to an English guy and we are planning on getting married July 30, 2010. I was wondering if you could help me figure out where to start with the whole process. I know the general outline of what we need to do, but in order to get started what would you suggest? I would appreciate any help you could give.
Thank you, and it is very nice to know there are other people doing what we are doing.
Stephanie

 
3.
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Stephanie

when is your wedding date again? Because I’m trying to figure out when we should start the process if we are planning a july 30,2010 wedding. i’m just afraid of having all the places booked and everything set up and then not getting his visa in time.

steph

 
4.
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Dorothée

Hello there!
My situation is a bit different since I’m already here on a J1 visa. I came here as a research scholar and met my fiancé about 8 month after I had arrived.
I thought our process was gonna be easy since it seems we just need to fill out 3 forms and we’re done, but now that I hear about your problems I’m regretting not going to see a lawyer.
We were thinking getting married in France (our date in July 25th!) and then coming back here and go before a judge to have our french license approved in the US.
I probably need to do more research to be sure we are not wrong and there are really only 3 forms to fill out!
Did you feel going to a lawyer really helped you out or could you have gone without one?

 
5.
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jla

my family has been going through a very similar immigration issue for quite some time. the best advice is to be patient, be prepared, and be diligent. it all takes time but is definitely worth it.

 
6.
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Bee
Miss D'orsay (message)  2,272 posts, Buzzing bee

I am glad we saw a lawyer for the consultation - but there is no way we could have afforded to use her for the whole process. I think our visit cost us around $150? definitely less that $200. :) It’s so so so good to hear we’re not alone! I feel like we run into international couples all the time ex. our florist!

 
7.
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Lola

just wait until you are actually married and one of you wants a green card. That is lots of waiting and lots of money…

 
8.
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Nora

I have a co-worker that just went through this exact process with his now wife who is from Brazil. It helped him when he placed a few calls to his congressman….it is part of their job to help with issues of this nature. Might as well give it a try….you are paying those people…..

 
9.
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Dorothée

Well, considering the price of the forms we need to fill out, $150 is nothing. I don’t think we will end up using a lawyer but maybe having a consultation wouldn’t be a bad idea, we need to think about it. We still have 6 month before we get married so there is still time for research.
And yes, it’s good to know we are not alone!

 
10.
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skm (message)  41 posts, Newbee

We did our US-UK K1 in almost exactly 6 months from filing to interview! The USCIS site is not especially reliable–we filed in June 2008 and he’s already here (first notice of approval in October, medical and interview in December)

Our ‘real’ wedding was, and still is, scheduled for July 2009. However, since the visa process took less time than we thought, we were legally married just this weekend so that he can stay in the country. Unfortunately the timeline is so unpredictable that it’s hard to have a specific date!

Good luck to you–I know from experience that this wait is not a fun one!

 
11.
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s

I’ve found these guides to be most helpful:
http://www.visajourney.com/forums/index.php?autocom=custom&page=guides
Although I’ve only used the green card guide, the other guides, including the K1 Fiance visa, look very thorough. The forums are good too - people are very helpful when answering questions.

Dorothee: I would be very careful with your plan. You are not supposed to have “intent to immigrate” when you enter (or re-enter) the US on a non-immigrant visa. Doing so may raise questions.

 
12.
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KW

@Dorothée: Dorothee, I married an English guy in the US who was here on an H1B visa (worker visa). We got married before his H1B visa expired, then filed an I-130 Petition for Alien Relative and an I-485 to change his status to a permanent resident (i.e. get his green card) concurrently. As long as the I-485 was pending, he can stay in the country. We also filed the I-131 petition for travel document at the same time to allow him to leave the country in case of emergency without losing his status. The whole process from filing to getting his green card took 5 months. Your J1 visa situation may be different though. Unfortunately, the USCIS website and the forms are a bit confusing, so you should read everything carefully or consult with a (reputable) lawyer.

 
13.
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Marina

I actually started the same process but ended up having to cancel it (other reasons)… we filed in March 2007, the file got accepted in May, and I got the paperwork for the interview in June for an interview in August…. just an idea of a timeline. I think we filed in Chicago because we were both abroad. Hope that helps.

About the lawyer question, we did use one (for the permanent resident application) because we had a tight deadline for the wedding (started in March 2008, married in August 2008), and he totally knew what to do to “accelerate” the process. If you have plenty of time and a “normal” file, you can do this alone, it is not that hard if you are well organized.

 
14.
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Mikai

We just had our green card interview in December and if I could offer any advice it would be to be extremely organized with all your paperwork. Make sure you know where everything is and be able to pull out items when questions are asked. For example- they asked us to pull out all paperwork pertaining to proof of our marriage. We had a huge file folder with labels and color coding for each item: joint bills, marriage cert, join items purchased, our apt rental agreement, etc. Our interviewer said she was impressed with our organization and I truly believe this contributed to her decision and how quickly she approved us.
Good Luck to everyone! It’s a very stressful process but very worth it:)

 
15.
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MrsPaetz

we’re gonna start on our K1 process after tax filing. i’m pretty nervous because it takes so long and we hate being apart.

good luck, everybody!!!

 
16.
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slicey19

Thanks for sharing your process Miss D’Orsay and for all the advice, I am dreading having to do this for my FI. However, I also wanted to add that I know two married couples where the bride is an American and the groom not, who both went to the US on vacation, got married and now live and work in Europe and have filed paperwork here but both said it was really easy and neither ever had a Fiance visa. In fact, in once case the groom planned and booked a city hall wedding in the US as a suprise while they were visiting her family so I am sure he got married while on a tourist visa. It seems if you don’t want to live in the US directly after the wedding the process may be simplified. Good luck all.

 
17.
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Dorothée

@S: You are right, we don’t really know how to handle the situation just yet but we will find a way :)
We will definitely go meet with a lawyer to get advice.
Thanks for the link!

@KW: From what I understand, I have to fill out the same forms that you husband did, and just wait.

Thank you everyone for being so helpful!

 
18.
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MrsFroggy (message)  195 posts, Blushing bee

My biggest advice if you are filling for a K1 is: Don’t plan a big wedding ahead.
You have to accept the fact that you don’t know how long it’s going to take for your paperwork to be processed, there can be unexpected delay, and you could have made non refundable reservations that you’ll loose.
The best choice and what most people in this case do is: have a courthouse or similar wedding within the first 90 days here, they only start planning the big wedding once they have their visa in hand. And yes it means the big wedding isn’t until month after, but it’s worth not being stressed with the dateline coming up.

I’ve used visajourney.com a lot. I find it extremely useful. The guides are well done and the forum allows you to keep track with other in the similar situation (it’s a forum, so always take informations with a grain of salt).

Check USCIS and learn the different options you have.
Also, take the time to download all the forms for both K1/K3 (whatever you are applying for) and AOS (Green Card, form I-485 and other) take the time to read them and to know do only the supporting documents you need know, but the one you’ll have to provide in the future.
And finally, find out what the requirements are to have your marriage recognize in the foreign spouse’s country.

@Dorothée: Careful, as mentionned above: it is considered fraud if you enter the US with the goal to immigrate (without the proper visa).
You have several options in your case. First make sure you don’t have the requirement to stay 2 years in your home country at the end of the visa (if you do you’ll have to file for a waiver).
Option 1) Get married here in the US (a simple courthouse wedding is enough), file for AOS (Adjustment of Status) to obtain a green card, along with it file for AP and EAD (travel and work permit). Once you have the AP you could go have a nice wedding in France (but in the Church, not the Mairie, because then you would be considered to “marry twice” and the French government doesn’t recognize that).

2)Go to France, get married, file for a K3 or a CR1 (spouse visa)and wait until you have the visa in hand to come back. Depending on the one you have, you can then file for AOS.

3) File for a K1 visa (fiance), you can do this from the US but you will have to be in France to finish the process, the rest is as Miss D’Orsay described.

 
19.
LauraJerry
Member
LauraJerry (message)  45 posts, Newbee

Is it necessary to fill out all that paperwork if you don’t plan on living in the USA?

I’m confused, I talked to the auditors office where they do marriage licenses, and they said my German fiance only needed Identification! I was not aware of all this other stuff — but we plan on living in Germany not in the US we just want to have the wedding in the US — do we still need to do all that?

 
20.
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Member
blightygirl (message)  209 posts, Helper bee

I agree with MrsFroggy. Do not attempt immigrating without the proper visa! My lawyer freaked me out about this kind of stuff. (For example, it is highly suggested that once you start the petition for the K1, your fiance not come into the country until the visa is granted. TSA has a lot of green junior officers right now. If the officer believes that your fiance is going to come into the country with the intent to marry without a visa - even if he’s not - he/she has the right to deport your fiance. Then you are screwed with your petition. Not good.)
@Miss D’orsay: is your processing center in Vermont? If so, you’re super lucky! It’s 8 months now.
@MrsPaetz: if you wanted, you can start your petition process now. I had to wait until January 2nd, 2009 to submit in order to ensure that I could have my 2008 tax filing included as my three years of taxes.
@Stephanie: I think July 30, 2010 is great. Your risk is that if your process goes quickly, then you may have to get married (aka courthouse wedding) early. My lawyer tells me that your fiance has 6 months from when the visa is granted to get into the US. Then the 2 of you have 90 days to get married.
I got really nervous about the immigration process (basically nearly submitting the I-129F without the G-325A for both FI and I), so I did get a lawyer. She’s wonderful, but pricey (although not as pricey as some lawyers in the DC area). I’ve approximated about $5000, which includes lawyer fees, US Immigration fees (from visa petition to full non-conditional green card), and “future US government fees” because it’s likely that they are going to raise the rates.
You think the K1 visa is expensive? I’ve been looking at the cost for a conditional green card…my wedding budget is going down the drain…

 
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Mrs. D'orsay
Mrs. D

Mrs. D'orsay, Baltimore/Lancaster UK Age and Occupation: 24, nonprofit communications Fiance's Age and Occupation: 29, Web site developer and designer; co-owner of men's skincare shop Engagement Date: August 10, 2008 Wedding Date: August, 2009 Venue: Oakland Manor About Me: I'm a Maryland raised environmental policy wonk/activist/organizer and communications aficionado. In the past year I've lived in Baltimore, MD, Tucson, AZ, Miami, FL and Lancaster, England. In my not so spare time I enjoy planning trips with Mr. D' Orsay, visiting friends and family and crafting like a mo-fo. I also enjoy modern dance classes, rugby and soccer but have been banned by my mother, MOHs, and Mr. D' Orsay from playing till after the wedding. I have an unnatural addiction to cheese and shoes, but love Mr. D' Orsay more than either and can't wait to become Mrs. D' Orsay!

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