This week the Wedding Weirdos explore the K-1 visa through a popular reality show. With the assistance of an immigration attorney (Law Offices of Cynthia Tyler - ), they share important tips for couples looking to go through this process, and wedding professionals wanting to help them along. Northern California wedding planner Eileen Lacey of E Events shares her expertise!
Polaris One Business Coaching
Cage and Aquarium
Ivy Hill Entertainment
Tips from Cynthia Tyler
1) Some basic tips:
It's easier to hire an immigration attorney and do it right the first time.
You'll need more paperwork and information than you think you do. Try to have everything in order and ready to go!
No one can rush the government right now under the Trump administration, and everything is taking longer than expected. Plan accordingly!
If married less than 2 years before filing for permanent residency (i.e., a green card), then expect to prove up your marriage to USCIS in about 2 years.
2) If your sweetheart is in the US and here on a student or tourist visa or work visa of some sort:
Beware immigrant intent. This is, that to have most visas, you can't have what is called "immigrant intent." If you marry a US citizen, that may trigger immigrant intent, especially if they begin the immigration process with you. You'll have to plan around your visa to make sure you don't have any travel issues, or importantly, any misrepresentation issues. That is, you shouldn't tell a CBP officer that you're just coming to work or visit, and then get married the next day and file a petition.
3) If your sweetheart is in the US and does not have status or is in immigration court:
Marriage may be a good thing, but it won't be easy. Visit an immigration attorney to determine the exact plan - if out of status and that is the only immigration violation, an application to waive an unlawful entry due to hardship and a trip outside the country may be necessary. You don't want to do this without an attorney, as you could be barred from returning to the US for a number of years. If in court, you may have to prove your marriage is valid.
4) If your sweetheart is not in the US:
You can do a fiance visa and have 90 days to get married, or you can get married first in the other country. If you're married, that's a stronger position for immigration, as you're already married.
5) Criminal issues, including arrests:
Definitely see an immigration attorney! There's a lot to consider in each specific arrest or conviction.