She has been to the states 5 times since 2008.
I have visited her and stayed with her 4 times.
We decided to get married last year in August while she was visiting.
No plans. Courthouse. No party, no ball, nothing.
I also went to Mexico in December married there.
It was delicious(The food was the only thing I was picky about).
She is now finished with her education. (BA in International Relations)
Thinking about filing i-130 so that she can immigrate.
However before we file I would like her to visit me for a couple of months.
We DO have intentions of filing. I am hoping that she can come visit me on her tourist visa.
I am calling CBP in the morning with many questions.
I looked in the FAQ and have been doing a lot of reading.
I want to marry my fiance/fiancee who is here in the US on a visa, can I marry him/her here in the U.S, and if I do, will he/she be sent back to his/her home country until the I-130 is approved??
If your fiance/fiancee DID come to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed instead of the I-130 to avoid a denial or deportation.
If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 should be filed with the relative outside of the U.S to avoid deportation or denial. (Better safe than sorry)
My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??
No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal.
I already bought two way ticket, but do we need to prove ties back to her country. I will file I-130 later this year after she returns. Telling that to CBP officer.
If she stays in the USA and not return she will never be approved, so would that tie her to her country.
I know the CBP scrutinizes tourist visits for wives of US citizens. but based on what I read the only problem would be demonstrating that she will indeed return. Plane ticket is for April 25th. I was definitely not prepared when I purchased ticket. Especially that she may be denied.
What can she do/say/bring to avoid denial. Besides tell the truth.
is us citizen
he works and cannot visit me at the moment.
we will eventually file I-130.
our dog Peanut(with appropriate paperwork)
wedding certificate from USA and Mexico
not a lot of luggage
letters of relatives here in the States.
letter from me.
copy of my Lease(same as address where she will be staying)
does she need affidavit of support? (never used one)
Edited by NewlyWed, 16 April 2012 - 01:36 AM.