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I am a Portuguese citizen and have an American fiancée. I…

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I am a Portuguese citizen...
I am a Portuguese citizen and have an American fiancée. I was planning on heading to Texas to get married on a 90 day tourist visa.
I have followed the official US immigration website and obtained all the documents necessary including, Portuguese residency certificate, police report, bank statements, & proof of vaccinations.
I went for my last required blood test and X Ray last week and the doctor asked me for my case number. He advised me my fiancée needs to lodge am application for a spouse visa on my behalf to book me in for an interview in Paris. Only after this interview which may take up to 12 months in some cases can I move to the US and live and be issued with a green card via marriage.
The information this doctor gave me was direct from the US consulate as he rang the consulate twice in front of me in the appointment. The US consulate said, as a Portuguese citizen I can not lodge any forms in the US, much less wait in the US whilst my case is pending.
From what I read on the official US immigration site was my fiancée and I could get married in the US whilst I was on my tourist visa, then file the appropriate documentation in the US, sit for a marriage interview and then I would be issued a temporary 2 year marriage green card. I read all this could be processed within 90 days.
So my question is: Can I go to the US, marry my fiancée and file for a marriage green card as a Portuguese citizen all within 90 days or do I need to file all these forms and sit for the interview in Paris and possibly in 12 months move to the US?
If I go to the US and get married, must I exit and enter again after the marriage interview to be issued with the marriage green card?
What is the exact procedure as a Portuguese citizen?
Thank you.
Submitted: 6 years ago.Category: Immigration Law
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Answered in 3 minutes by:
4/26/2012
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,928
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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The correct way to do this is apply for a K1 fiancee or K3 spouse visa. The process takes 6 to 9 months or more in which you are supposed to wait outside of the U.S. and neither visa is faster to process than the other. Here is a link:

http://travel.state.gov/visa/immigrants/types/types_1315.html

I know that you may not want to wait, but the only other method is risky. People do it all the time, but it is basically violating the immigration law. This is because if you use a tourist visa or Visa Waiver to enter the U.S. when you really have the intention of staying, you are lying to the U.S. government about your intention. If you disclose the truth when you are entering, they will turn you around and send you back. If you lie about your intent, well.....you're lying and can be deported because of it.

To give you additional information on the correct ways:

1) The K-1 fiance visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After you enter the U.S., then you have to marry and then you have to pay $1070 for the I-485 and you will have to wait about 5 to 7 months and get another interview that you attend with her so that you can get Residency.

2) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after you enter the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

3) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.

So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that he can use to enter the U.S. while that process is pending. You will most likely have to wait outside.

Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click ACCEPT. That is the only way that I can get paid for helping you. When you click accept, you are not charged again and we can continue to communicate without additional charge if you have a few follow-up questions. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.

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