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chiletousa

What's stopping us from getting married on a tourist visa?

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My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

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Don't make things harder for other actual visit visa potentials from Chile. Because aside from being fraud, it also makes it harder for others to get that type of visa every time someone misuses it. 

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It might be a trap.. I remember one of my friend was grilled at POE and immigration officer 👮 actually giving him an option so he accepts he is here for marriage on his tourist visa..  if he would have accepted that he would have deported on next flight .. Always follow the protocol .. go with k1 or CR1.. best way to come to the United States.. 

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8 hours ago, abhatia315 said:

It might be a trap.. I remember one of my friend was grilled at POE and immigration officer 👮 actually giving him an option so he accepts he is here for marriage on his tourist visa..  if he would have accepted that he would have deported on next flight .. Always follow the protocol .. go with k1 or CR1.. best way to come to the United States.. 

I was thinking this same thing.

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15 hours ago, chiletousa said:

My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

You are free to marry however if your fiance comes with the intent of staying (as you are suggesting above) after the wedding and adjusting status that could be considered visa fraud.  However, there is nothing stopping you from marrying and then your fiance returns to Chile and you apply for a CR-1 spouse visa.  A CR-1 visa has advantages...it is less expensive than a K-1 and your spouse would get a green card almost immediately after arriving in the country whereas a K-1 might take 3 or more months. Good luck and God Bless, david

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15 hours ago, chiletousa said:

My fiancee lives in Chile, and we will be getting married next July. I was under the impression we'd have to file for K1, but then a US customs agent at an airport said it was easier to just have him come on a regular tourist visa (without mentioning our intention of getting married), get married, and then file for an adjustment of status. He claims we'll spend less money. Has anyone does this? What are the pros/cons? Any advice/experience is appreciated!

Crossing the border on a tourist visa with the intent of staying and immigrating is a form of visa fraud.

 

While I'm quite surprised that a US customs agent advised you to do this, I'm more curious how it was brought up in conversation at the border....because I certainly cannot imagine the dialogue going something like this:

 

"What's the purpose of your visit?"

 

"To see my fiance"

 

"Oh---why not just come over next time, lie to us at the border, and then get married and file immigration paperwork from here??"

 

Something tells me there was a bit more to the conversation, then that?

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17 minutes ago, Boiler said:

I have similar threads in the past, I do not doubt that such a conversation took place.

 

PoE is not subject to the VJ ToS.

I never said I doubted it---I don't either...like I said, I'm more curious how the topic came up with her as the USC in the airport.

 

I've personally never heard on VJ of that sort of conversation taking place , although I did once have an experience where the US customs agent told me that I didn't need to show my green card when crossing back over the border into the US (naturally, he was horrible misinformed/mistaken).  My point in that, being, that sometimes they don't fully understand all of the implications of certain situations themselves perhaps?

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The law and potentially CBP. You're not allowed to intend to immigrate on visit visa/VWP. You can marry and adjust if there was a legitimate change in mind or circumstance (which is why it is possible to adjust from such things, life does happen, people get drunk in Vegas or find out they lost their jobs while on vacation or get pregnant or whatever), but the intention is the key here. Some people feel like trying their luck and lying to government officials at the border, and some succeed and some don't. Those who don't get found out at the border and sent back home. But being "sent back home" involves detention at an ICE facility until the next flight and is altogether a miserable experience from what I understand (there was a famous case recently of an Australian woman claiming to come for just a visit but they figured her out quickly). If found lying, that's a bigger pile of trouble and can cause delays or denials in the fiance/spouse visa to follow.

 

It's against TOS here to advise it and even if it weren't, most people here wouldn't advise trying. Applying for a green card costs the same if it's from a fiance visa or tourist visa. The fiance visa is more expensive than ESTA or a tourist visas are but now you're looking at a difference of a few hundred dollars, risking ICE detention and possible (serious) trouble. Not. Worth. It. A spouse visa is cheaper than an adjustment of status from a tourist visa, if you wanted to go that route. Apply for a fiance visa now and she should be here in plenty of time for a July wedding and able to visit during the process.

 

No clue what that CBP officer was saying, they may not have known (I'd say I'd be surprised but I wouldn't. DHS is a mess). I'd report it to the CPB manager at the airport, personally, because he could get people in real trouble that way.

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