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According to Immigration Attorney Gary Bala's web page (via TLC):

"The time for this process will usually be somewhere between four (4) to six (6) months depending on a variety of factors."

Am I to understand then, that when the Latina comes over on the Fiancee Visa, that as long as you get married within 90 days of her arriving on US soil.. then she can automatically CONTINUE living in the US, and does NOT have to go back after the 90 days is up?

Gracias

... in response to Fiancee Visa, is it really this simple?, posted by Looking4Wife on Jan 22, 2005

There’s nothing “simple” about it. If you marry within 90 days of arrival, she is eligible to apply for adjustment of status, which will normally lead to a green card and permanent residence. She can stay here during the adjustment procedure with a few restrictions and does not have to return to her country.

That 4-6 month figure, like Gary mentioned, is subject to a variety of factors and could easily turn into 9 months or even a year. The whole process will require a lot of time, money, and patience.

Ray

... in response to No, posted by Ray on Jan 22, 2005

The other thing to mention is that she cannot return to her home country while her adjustment of status is pending. If she does she will be deemed to have abandoned her application. She can apply for something called Advance Parole which will allow her to return to her home country without being deemed to have abandoned her application for AOS. Getting the Advance Parole requires another application, fee, and time spent waiting for approval. The K-3 visa for spouses differs from the K-1 in this respect. It is a multiple entry visa so the holder can return to their home country while their AOS is pending without being deemed to have abandoned their application.

... in response to Re: No, posted by utopiacowboy on Jan 23, 2005

The K-3 is multiple entry visa, but that is until you begin the AOS process. As long as she comes and goes before you begin the process for the AOS, no problem. Once you start the AOS, she has to follow the same rules, and the only way she can leave without abandoning the process is with the Advanced Parole.

... in response to Re: Re: No, posted by soltero on Jan 23, 2005

As long as the K-3 visa is still valid (2 years), no Advance Parole is needed to leave and return (unless she stays out over a year).

Also, the K-3 visa can be extended for another 2 years if the AOS is still not approved within the visa validity period.

Ray

... in response to Cowboy is correct, posted by Ray on Jan 24, 2005

Then explain to me how this bit of info seemed to be completely oblivious to everyone I talked to connected to the BCIS? I am not doubting that this is correct, because it makes sense (not that that is an indicator when dealing with the government), but why was I given misinformation on such a grand scale? Not one person I talked to even suggested anything other than once the AOS is started, she could not leave without advanced parole...

... in response to Re: Cowboy is correct, posted by soltero on Jan 24, 2005

If you are getting your information over the phone, especially from the National Customer Service Center, then always be wary of the answer to technical or legal questions. Those folks on the other end of the line are usually contract workers and they often don’t know their ass from a hole in the ground. Multiple calls to customer service will often yield multiple answers to the same question. You can always ask to speak with an immigration officer if you have any doubts.

I remember reading a while back about an AILA survey where something like 79% of immigration lawyers were not satisfied with the answers that they were giving out on the customer service line. Maybe Gary B knows more about it…

Ray

... in response to Re: Re: Cowboy is correct, posted by Ray on Jan 24, 2005

Thanks for the advice. I did ask to speak to an immigration officer because the answers at times were so ridiculous. The guy probably put me on mute and leaned over to the person right next to him and then passed him the phone. Usually I found most of my answers by going to the site or somewhere on the net, but I called myself wanting to be very sure that she could get back without issue, so I figured I would need to get this from someone there. Good to know it's official that it is a waste of time to call them.

... in response to Re: Re: Re: Cowboy is correct, posted by soltero on Jan 24, 2005

You're right. You are not alone on this, Soltero. In fact it is worse than just what is known as the mis-information line. Check out this thread on VisaJourney: http://www.visajourney.com/forums/index.php?showtopic=29943&hl=
The safest course of action is to actually have a copy of the law with you.

... in response to Re: Re: Re: Re: Cowboy is correct, posted by utopiacowboy on Jan 25, 2005

Thanks for the info, UC...These forums (PL and WLC) are some of the few places left where you try to help somebody else and actually get a little help in return (smile)...

... in response to Re: Re: No, posted by soltero on Jan 23, 2005

Actually that is not true. A K-3 holder does not need Advance Parole and she can leave the country and reenter using her K-3 visa even while her AOS is pending. My wife has done this. Here is a quote from the USCIS web site on Advance Parole (http://uscis.gov/graphics/services/emergency/index.htm):

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US.

... in response to Re: Re: Re: No, posted by utopiacowboy on Jan 23, 2005

That's all well and good, but I have been in the situation, and I was told more than once that she could not leave without Advanced Parole because we had started the AOS, and even then, they were always sure to disclaim that even with AP, there was no guarantee that she would be allowed to return. Maybe your experiences were different, but the only time I answer questions on the visa process is when I have first hand experience. The process changes all the time, so maybe it's different this year, but this is what happened in 2004. If we were not going through the AOS, she could have left, but once it is started, any leaving of the country is considered abandoning the process without the AP.

... in response to Re: Re: Re: Re: No, posted by soltero on Jan 23, 2005

I have first hand knowledge which is why I said what I said. My wife has a K-3, her AOS is pending, and she has left the country in the past month and returned without AP. Frequently the USCIS personnel do not know their own laws and regulations and they will give out information that is just plain wrong. In the case of a K-3/K-4 travelling while AOS is pending, it is best to have a copy of the applicable law to show the USCIS personnel.

... in response to Re: Re: Re: Re: Re: No, posted by utopiacowboy on Jan 23, 2005

Good point. Maybe that was why I was given erroneous information. I always check multiple sources, but I still came up with the answer that I posted. Glad to see that your experience was better than mine.

... in response to Re: Re: Re: Re: Re: Re: No, posted by soltero on Jan 23, 2005

USCIS sounds a lot like the IRS!  If you ask multiple people the same question, at the same agency (USCIS or IRS), you could get a different answer from each person you ask :-)

... in response to USCIS sounds a lot like the IRS!, posted by Looking4Wife on Jan 24, 2005

Believe it or not, that was usually my experience...

... in response to Re: No, posted by utopiacowboy on Jan 23, 2005

how long is the adjustment status after she arrives and marries a man?  

That is something a woman needs to prepare for as I"m sure she will want to visit home after a few months to visit famiily and just to get some home cooking if nothing else

... in response to how long is the adjustment status, posted by Onephd on Jan 23, 2005

[This message has been edited by soltero]

The adjustment of status can take two years or longer. Right now, it's longer due to a backlog.