If I’m a U.S. citizen engaged to a Colombian citizen, which process would be more realistic and/or lead us more easily to receiving a visa for my fiance?

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If I’m a U.S. citizen engaged to a Colombian citizen, which process would be more realistic and/or lead us more easily to receiving a visa for my fiance?

Do you recommend a K-1 Visa? We are most certainly going to have a legal ceremony in Colombia, as well. That being the case, do you think it would be wiser to get married in Colombia before starting the visa process? She currently has and has never had any visa at all (meaning not even a tourist visa). I believe she could pretty confidently get a tourist visa, because she has assets and family in Colombia, but now that we are engaged, I don’t know if a tourist visa is any longer an option or a good idea. She would look to get a tourist visa.

Asked on February 5, 2016 under Immigration Law, Wisconsin

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are planning to get legally married in Colombia then a fiancee visa is not really the right option.  You should wait until you are married and then petition for her as your spouse.  That process will take about 9-12 months however  Depending on when you plan to get married, you may want to reconsider where you get legally married and then you can petition as a fiancee, it will still take about 9-12 months but that process can begin immediately. 


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