Visa/Immigration Questions

[machin67]

I am engaged to a incredible Colombiana, and of course want to have her with me as soon as possible in the States.  I was thinking of filing the I-129F Visa papers for Fiance, but now have a few questions....Possibly it will make more sense for me to marry first and complete papers for spousal visa. 

Let's assume that the marriage/relationship will go well, since I know a few of you guys will be giving me advice to bring her on a Fiance Visa to "test the waters" so to speak, before marrying. 

And let me give you a little more information so that you can have a better idea of my situation before giving me any answers.

I am interested in travelling to Colombia 3-4 times per year with my wife/fiance.  She is very close to her mother and would like to see her at least every 3 months or so if  they are separated.  We also plan on bringing  her to the States with us as soon as possible to live with us.

OK....so here are some questions....I really appreciate any help you can give me.

1.  What is the time difference in processing paperwork for fiance visa versus spousal visa?
2.  Is it any more difficult to optain spousal visa?
3. Can my fiance travel back to Colombia if she is here on a Fiance Visa? Spousal visa?
4. Can we bring her mother here with the  Finance visa? If so, how long is the process?
5. Can we bring her mother here with the spousal visa?  If so, how long is the process?
6.  Please identify any pros/cons with both types of visa procedure.
7. Is it possible to travel to Mexico with a finance visa once she is here in the States?  I live on the border of Mexico.

Thanks.

[Ray]

1. About 6-9 mos of fiancée and 9-12 mos for spouse. A little more paperwork for spouse visa.

2. No

3. Yes & Yes. Finacee will need Advance Parole first. Spouse can travel immediately.

4. No. It will take a minimum of about 4-5 years before she can petition her mom.

5. No. She must be a U.S. citizen to petition her mom. But mom can apply for a temporary visitor visa.

6. Depends on your situation/desires

7. Still will need Advance Parole until after she is married and adjusts status.

[machin67]

How long does it take to become a citizen after coming to US on Spousal Visa?

[machin67]

Can we petition for the mother to receive a temporary visitor visa if we are doing a fiancee visa rather than spousal visa? 

How long after my lady is here in the states before we are able to file for temporary visitor visa for her mother?

How long does it take to process papers for temporary visitor visa?

[Ray]

How long does it take to become a citizen after coming to US on Spousal Visa?

3-4 years to become a citizen.

Figure another 9-12 months to process the immigrant visa for mom.

[Ray]

Can we petition for the mother to receive a temporary visitor visa if we are doing a fiancee visa rather than spousal visa? 

How long after my lady is here in the states before we are able to file for temporary visitor visa for her mother?

How long does it take to process papers for temporary visitor visa?

You don't petition someone for a visitor visa.

Mom can apply for a visitor visa any time in Bogota but she will have to qualify on her own merits.

Visitor visas usually take about 2 months or so to process(?)

[machin67]

Can the mom ask for a visitor's visa when we only have a fiancee visa??? Or does she need to be a spouse?  How long can the mom stay here under a visitor's visa?  Can she get multiple visitor visas?  How frequently?   Once a year? More frequently that that?

[Ray]

Can the mom ask for a visitor's visa when we only have a fiancee visa??? Or does she need to be a spouse?  How long can the mom stay here under a visitor's visa?  Can she get multiple visitor visas?  How frequently?   Once a year? More frequently that that?

Mom can ask for a visitor visa tomorrow. What kind of visa you use really has nothing to do with her getting a visitor visa.

A visitor visa is usually good for a maximum stay of 6 months. The length of stay is determined by the immigration officer when she clears immigration at her POE. Typical is maybe 90 days for the first visit.

The first visa is usually a single entry. If she follows the rules and returns on time, she may get a multiple entry visa next time, possibly valid for ten years.

With a multiple entry visa, she can travel frequently but again, the length of each stay will be determined when she arrives.

Note: Visitor visas are never automatic. From high fraud countries like Colombia, she may have difficulty convincing the consulate that she will return to Colombia after the visa expires. The burden of proof is on her.

It would be better to plan on mom being denied for a visitor visa, at least at first. If she does qualify for a visa, then you can be pleasantly surprised, but don't make any plans until she has a visa in hand.

Do you think your fiancée will have serious problems living away from her mom for extended periods?

Even if you marry and she has a Green Card allowing multiple trips abroad, there are some written and some unwritten restrictions on how often and for how long she can leave the country and return. Planning for a trip abroad every 3 months while she is waiting for a Green Card is not practical. Even after she has her Green Card, she should not expect to travel abroad that often or for more than 6 months out of the year.

Ray

[Ray]

If I might make a suggestion to the moderators...

When someone starts a discussion thread in the “wrong” area of the forum, why not simply leave it where it is until the discussion runs its course. I don’t see any harm in this at all. The thread could always be moved later for housekeeping reasons.

If you just can’t stand to see a thread in the wrong section and feel a compelling need to move it right away, at least post a message directing readers to the new location, as was the custom in the past.

I feel that moving a thread while it is still active will often tend to stifle the discussion because is may appear to some readers that it was lost or deleted.

Thanks… 

[sean126]

Fair enough.