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Bishopswife Newbie

Bishopswife   1

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I'm getting married to a foreign husband. He's been to the US twice already. His coming in April will be when we plan to marry. Would it be ok if we married in May?  What all do we need to do in order to prove it's a bonafide marriage? He will be entering on his tourist visa but given that he's been to America before it shouldn't be visa fraud. What steps do we need to take after marriage? And do we NEED to have an attorney?

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Ben&Zian
Ben&Zian

It is visa fraud if he is entering on a tourist visa with PLANS to get married and stay. It doesn't matter if he has been here before or not.   If he came here and you two got married, then

Dutchster
Dutchster

Make sure he let the CBP officers know the two of you are getting married when he goes through customs.

NewBrunswicker
NewBrunswicker

Where is this attitude coming from. Give her a break. She got the word in the first comment I am pretty sure.

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Ben&Zian Experienced

Ben&Zian   4,397

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Filed: AOS (apr) Country: Philippines
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It is visa fraud if he is entering on a tourist visa with PLANS to get married and stay. It doesn't matter if he has been here before or not.

 

If he came here and you two got married, then he went home and you filed for a CR-1, that is fine.

 

But you have preplanned to marry and adjust his status from a tourist visa...that is visa fraud.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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You can marry when ever you want doing his stay but he'll have to go back home and then you'll apply for a CR-1 visa. It takes about a year to get and then when he gets it he can work, travel and he'll get the GC.

 

 

 

 

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USAMorocco Collaborator

USAMorocco   143

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Filed: K-1 Visa Country: Morocco
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Entering on a tourist visa to get married no matter how many times he has been here is fraud if he plans to stay and adjust his status.  If he is just coming here to get married and going home again and file for a CR1 than no it's not fraud. Judging by your post what steps do we need to do after you get married....he plans on adjusting his status.  Which goes back to my first point you are committing fraud.  

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Roel Experienced

Roel   7,191

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Filed: Lift. Cond. (apr) Country: Poland
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Its STILL A visa fraud if he comes on the tourist visa and adjust.

I can't believe how often this pops up on this forum...

Have him come on the tourist visa, then he has TO LEAVE and you file for CR1 visa. You have guides on this website.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Dutchster Proficient

Dutchster   1,106

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Filed: Citizen (apr) Country: Netherlands
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Make sure he let the CBP officers know the two of you are getting married when he goes through customs.

Edited by Dutchster

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

What you're suggesting to do is visa fraud (as has been stated over and over here). This is illegal and not to be discussed on VJ as it violates the TOS.

 

You *can* use the tourist visa for him to visit you, marry, and return home. However, CBP most likely (very slim chance) will not allow entry into the US so you can marry somebody - it's a huge risk for them. You don't want to get turned away at POE...it's a very stressful (and expensive for the return flight) experience.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Ben&Zian Experienced

Ben&Zian   4,397

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Filed: AOS (apr) Country: Philippines
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Posted
Just now, Bishopswife said:

Ok.  Didn't know. Neither does he. This is my first time on this site. So if he has to go back then so be it

 

 That is why the information is here in the guides.

 

When you do get married, he just needs to return home, and you can file for a CR-1 spousal visa for him.

 

Just follow the guides here : http://www.visajourney.com/content/i130guide1

 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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Ladyj Enthusiast

Ladyj   13

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Filed: IR-1/CR-1 Visa (DCF) Country: Jamaica
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1 hour ago, Bishopswife said:

I'm getting married to a foreign husband. He's been to the US twice already. His coming in April will be when we plan to marry. Would it be ok if we married in May?  What all do we need to do in order to prove it's a bonafide marriage? He will be entering on his tourist visa but given that he's been to America before it shouldn't be visa fraud. What steps do we need to take after marriage? And do we NEED to have an attorney?

It is visa fraud if you get married while he's on a tourist visa!

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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1 minute ago, Ladyj said:

It is visa fraud if you get married while he's on a tourist visa!

No it's not but it's visa fraud if he comes on a tourist visa get married and adjust status planned. 

 

Everyone can get married on a tourist visa if they would like nothing wrong with that.

 

 

 

 

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Dutchster Proficient

Dutchster   1,106

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Filed: Citizen (apr) Country: Netherlands
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42 minutes ago, Bishopswife said:

Ok.  Didn't know. Neither does he. This is my first time on this site. So if he has to go back then so be it


Tourist visa is for touristic things like going on a holiday to the US. It doesn't mean marry and stay, sounds logical - right?

01/13/2016: I-129F filed  07/15/2016: K-1 visa in hand
10/13/2016: Filed AOS + EAD/AP.   07/07/2017: Permanent resident (Conditional)
04/16/2019: Filed ROC  11/17/2020: Approved. (10 yr GC)

 

Naturalization                                                        
09/02/2020: Filed (Online)    09/08/2020: NOA1: (NBC) 
10/22/2020: Biometrics Reuse Notice.  12/22/2020: Online Status Changed to Interview Was Scheduled.  
01/29/2021: N-400 Interview - PASSED! 01/29/2021: Same-day oath ceremony.  
'Merica. 

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Bishopswife Newbie

Bishopswife   1

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8 minutes ago, Dutchster said:


Tourist visa is for touristic things like going on a holiday to the US. It doesn't mean marry and stay, sounds logical - right?

True. His purpose for the visa was for a COGIC convention which lasted 4 days. That's been over a long time ago actually over a year now. So his purpose for the visa has been finished. Now he just visits and we met. But ok.

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Brit1 Explorer

Brit1   54

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Filed: Timeline
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1 hour ago, Roel said:

Its STILL A visa fraud if he comes on the tourist visa and adjust.

I can't believe how often this pops up on this forum...

Have him come on the tourist visa, then he has TO LEAVE and you file for CR1 visa. You have guides on this website.

If premeditated as in this case, yes. But it is not visa fraud to adjust from a tourist visa (you just can't have the intention to adjust when you enter).

 

I can't believe how often people stating misinformation about adjusting off visas other than K-1 come up in this forum...

 

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Auds Community Regular

Auds   223

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Filed: IR-1/CR-1 Visa Country: United Arab Emirates
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Posted

Holy!  She didnt know simple!  Many countries allow that.  And even in the US one is allowed to marry and if preplanned not allowed to stay.

 

logically it could also be termed unfair.  No need to be harsh.  OP didnt know and she asked.

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