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pepper1

Does my fiance need the K-1 Fiance Visa if he already has a tourist visa?

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Hello,

My fiance and I would like to get married this next summer, but we still have to file for the K-1 Finace visa since we believed that he could come here on a tourist visa (which he has for the next 8 years) and then we could get married before he overstays his tourist visa (within 3 months). Is this possible, or would we have to pursue getting a K-1 Fiance Visa for him to immigrate to the U.S. and marry? How long does it usually take to get a K-1 Fiance visa, if that is necessary for us to get married?

Thanks all!

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Yes, I think you would have to apply for a K1 visa. Apparently immigration is skeptical about people getting married on tourist visas, as they suspect that your fiance came here with the intention of finding someone to marry. How long it takes depends on which service center you use, and that depends on where in America you live. It is said to be about 5 to 8 months, provided it all goes smoothly.

I am sure he could visit you on a tourist visa throughout the process, although I dont know too much about that. It is not worth overstaying the visa he is on, as that would create issues with the K1 application.

Good luck, and have a look at the guides on here, they are very helpful.

Edited by katej0203

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Hello,

My fiance and I would like to get married this next summer, but we still have to file for the K-1 Finace visa since we believed that he could come here on a tourist visa (which he has for the next 8 years) and then we could get married before he overstays his tourist visa (within 3 months). Is this possible, or would we have to pursue getting a K-1 Fiance Visa for him to immigrate to the U.S. and marry? How long does it usually take to get a K-1 Fiance visa, if that is necessary for us to get married?

Thanks all!

Tourist visa of 8 years? I never knew they gave those out :S

Anyways, it is recommended to file for a fiance visa indeed because, if they want to follow the rules, it is not allowed to change status from a tourist visa even after you get married, like the previous poster also said, they are very skeptical about those things and they might deny the AOS and that might even result in getting a ban from the US. So yeah, if is possible to marry on the tourist visa but it is risky and if you want to avoid problems, be sure to file for a fiance visa... I am pretty sure you will be able to marry during next summer if you file now :)


N400 Timeline:

12/14/11 - Sending out N400 package

12/19/11 - Received by USCIS

12/21/11 - NOA date

12/22/11 - Check cashed

12/27/11 - Received NOA

02/06/12 - Received yellow letter (pre-interview case file review)

03/13/12 - Placed in line for interview scheduling (3 yr anniversary)

03/17/12 - Received interview letter

04/17/12 - Interview - No decision, application under further review

04/17/12 - Biometrics

04/25/12 - Placed in line for oath scheduling (so I'm approved yay!)

04/27/12 - Received oath ceremony date

05/09/12 - Oath ceremony!!

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Your fiance could come to the USA and marry you while on a tourist visa, but he/she cannot stay here, but has to return to their own country and apply for a visa from there. Coming into the USA to marry, and remain here while adjusting status is not legal if the intent while visiting was to marry. Look at the timelines and read the guides to see what might be the best visa for you both.

Best of luck!


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Your fiance could come to the USA and marry you while on a tourist visa, but he/she cannot stay here, but has to return to their own country and apply for a visa from there. Coming into the USA to marry, and remain here while adjusting status is not legal if the intent while visiting was to marry. Look at the timelines and read the guides to see what might be the best visa for you both.

Best of luck!

This is mostly correct, but the intent problem is not the intent to marry. It's the intent to circumvent US immigration law by using the visitor visa to immigrate. Marriage is no problem as long as there is no overstay and the appropriate spouse visa process is followed through to conclusion, including the interview abroad.

If you prefer to be united permanently from marriage date forward, then the fiance visa is the way to go.

Edited by pushbrk

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Understanding the big picture is priceless. Anonymous

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There is already intent to immigrate here. We're not here to advocate immigration fraud. In fact, it's against the TOS.

Because there are other threads started by others who married whilst on a tourist visa and they adjusted ok does not mean it's just 'ok' to do. As I said, there is already intent. If it's proven at adjustment that there was intent they will face a ban.

I, for one, would feel awfully bad if a couple had to face something like that because of the advice I gave them. ;)

Pushbrk explained it well. K1 is the best route. We all want to be together 'sooner'.... it's just not the way it works.


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There is already intent to immigrate here. We're not here to advocate immigration fraud. In fact, it's against the TOS.

Because there are other threads started by others who married whilst on a tourist visa and they adjusted ok does not mean it's just 'ok' to do. As I said, there is already intent. If it's proven at adjustment that there was intent they will face a ban.

I, for one, would feel awfully bad if a couple had to face something like that because of the advice I gave them. ;)

Pushbrk explained it well. K1 is the best route. We all want to be together 'sooner'.... it's just not the way it works.

If a person came her and said...

I met my spouse while there were visiting and we decided to get married. Can they just adjust status?

or...

My girlfriend came for a two month visit and when it was time for her to go home, we decided we couldn't stand to be apart anymore and got married. Can she just adjust status?

...I would say yes because, in both cases there was no illegal intent. So, yes people legitimately adjust status from tourist visas fairly often.

The OP's question was more like...

We want to get married next summer. Can my girlfriend/boyfriend just use their tourist visa, come over and marry me and then adjust status?

...to which I would answer, "HELL NO!"

See the difference?


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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There is already intent to immigrate here. We're not here to advocate immigration fraud. In fact, it's against the TOS.

Because there are other threads started by others who married whilst on a tourist visa and they adjusted ok does not mean it's just 'ok' to do. As I said, there is already intent. If it's proven at adjustment that there was intent they will face a ban.

I, for one, would feel awfully bad if a couple had to face something like that because of the advice I gave them. ;)

Pushbrk explained it well. K1 is the best route. We all want to be together 'sooner'.... it's just not the way it works.

If a person came her and said...

I met my spouse while there were visiting and we decided to get married. Can they just adjust status?

or...

My girlfriend came for a two month visit and when it was time for her to go home, we decided we couldn't stand to be apart anymore and got married. Can she just adjust status?

...I would say yes because, in both cases there was no illegal intent. So, yes people legitimately adjust status from tourist visas fairly often.

The OP's question was more like...

We want to get married next summer. Can my girlfriend/boyfriend just use their tourist visa, come over and marry me and then adjust status?

...to which I would answer, "HELL NO!"

See the difference?

This is probably the best answer i've seen that answers the question. Although the wait seems painful it is the lawful way to go in this case since they already know that they want to get married. As far as the fiancee visiting while the fiance visa (K1) is pending... well as long as they have a valid tourist visa and DO NOT over stay their time given at the port of entry it should not be problem.....

NOTE: With every entry to the US a tourist runs the risk of not been allowed to enter the US but if they see that you are honest and you are trying to do everything legit then there should not be a problem.

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There is already intent to immigrate here. We're not here to advocate immigration fraud. In fact, it's against the TOS.

Because there are other threads started by others who married whilst on a tourist visa and they adjusted ok does not mean it's just 'ok' to do. As I said, there is already intent. If it's proven at adjustment that there was intent they will face a ban.

I, for one, would feel awfully bad if a couple had to face something like that because of the advice I gave them. ;)

Pushbrk explained it well. K1 is the best route. We all want to be together 'sooner'.... it's just not the way it works.

Kim

You should definetly try immigration law.. i am impressed.


Sept 10th 2007 - Sent N400 For Naturalization

Sept 15th 2007 - Meet Fiancee online

December 18th 2007 - Left for india to see fiancee

Jan 1st 2008 - Engaged!!!!!!

Jan 15th 2008 - Biometrics Fingerprinted

May 20th 2008 - Naturalized Citizen

May 30th 2008 - Sent I129 F

June 4th 2008 - NOA 1 Received

July 3rd 2008 - Touched

September 6th 2008 - Left for France.

September 23rd 2008 - NOA2 Received

September 27th 2008 - Will leave for Malaysia from paris.

September 28th 2008 - Will meet fiance after 261 days!!!!!!!!!!!!

October 18th 2008 - Will return back to the US after spending 3 weeks with fiancee.

Dec 28th 2008 - Fiancee Visa approved

Jan 1st 2009 - Fiancee landed on US Soil

Jan 6th 2009 - Married

Jan 30th 2009 - Filed for AOS

May 31st 2009 - AOS Approved

NOA1 - Received on June 4th 2008

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If a person came her and said...

I met my spouse while there were visiting and we decided to get married. Can they just adjust status?

or...

My girlfriend came for a two month visit and when it was time for her to go home, we decided we couldn't stand to be apart anymore and got married. Can she just adjust status?

...I would say yes because, in both cases there was no illegal intent. So, yes people legitimately adjust status from tourist visas fairly often.

The OP's question was more like...

We want to get married next summer. Can my girlfriend/boyfriend just use their tourist visa, come over and marry me and then adjust status?

...to which I would answer, "HELL NO!"

See the difference?

Examples like this keep bothering me, in a way. Why? Well, because there is no way in hell a CO (I would assume POE person, or whoever handles AOS kind of things, etc.) would know, or actually even bother to TRY to figure out what I meant, or what who wanted, or didn't want, or had or didn't have intention to.

Again, I can't use but my own example: I've been denied a visitor visa three times so far (waiting to get denied once more on Monday). Why? Because nobody there cared what I think, want, plan or don't plan or, what's even more important, what I had to show them as proof of really wanting to come back to Croatia. They just f'n didn't care. The person behind the kiosk decided to believe I wanted to immigrate and do god knows what, with who knows where.

So how, exactly, is this different? If I go there and run into a stranger and get married I can stay? Probably. How do I prove the said person was a stranger? I don't, really. Unless they decide to buy whichever story I might come up with. Which they may, and of course, may not.

If I choose b) how do I prove I didn't want to do that when I first entered the States? Again, I don't. Same thing. They buy it, or they don't. By which, again, I mean they have their own little story in their own little heads and it doesn't matter at all what I'll have to say.

If I choose c) who, exactly, would know? People here, if I post it? I'll have moral problems with the decision? I doubt they can really scan my brain somehow to get that kind of information.

So, if you ask me, yes, there is what's considered legal and illegal, for sure. But if you think about practice, not just theory, the point is moot.

Edited by Badgerella

I-129F Sent: Aug 20th 2008

Interview Date: April 8th 2009, 10:30 - APPROVED!

K-1 Visa Received: April 9th 2009

POE: Aug 8th 2009, Minneapolis

Wedding: Aug 28th 2009

-------------------------------------------------------------------

Our I-129f was approved in 107 days from our NOA1 date.

Our I-129f was approved in 114 days from our filing date.

Our case spent 52 days being chewed by NVC.

Our interview took 224 days from your I-129F NOA1 date.

-------------------------------------------------------------------

AOS, AP, EAD filed: Oct 15th 2009

Biometrics: Nov 24th 2009

AP received: Dec 14th 2009

EAD received: Dec 17th 2009

Green Card received: Dec 18th 2009

-------------------------------------------------------------------

http://www.badgerella.com/forum

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If a person came her and said...

I met my spouse while there were visiting and we decided to get married. Can they just adjust status?

or...

My girlfriend came for a two month visit and when it was time for her to go home, we decided we couldn't stand to be apart anymore and got married. Can she just adjust status?

...I would say yes because, in both cases there was no illegal intent. So, yes people legitimately adjust status from tourist visas fairly often.

The OP's question was more like...

We want to get married next summer. Can my girlfriend/boyfriend just use their tourist visa, come over and marry me and then adjust status?

...to which I would answer, "HELL NO!"

See the difference?

Examples like this keep bothering me, in a way. Why? Well, because there is no way in hell a CO (I would assume POE person, or whoever handles AOS kind of things, etc.) would know, or actually even bother to TRY to figure out what I meant, or what who wanted, or didn't want, or had or didn't have intention to.

Again, I can't use but my own example: I've been denied a visitor visa three times so far (waiting to get denied once more on Monday). Why? Because nobody there cared what I think, want, plan or don't plan or, what's even more important, what I had to show them as proof of really wanting to come back to Croatia. They just f'n didn't care. The person behind the kiosk decided to believe I wanted to immigrate and do god knows what, with who knows where.

So how, exactly, is this different? If I go there and run into a stranger and get married I can stay? Probably. How do I prove the said person was a stranger? I don't, really. Unless they decide to buy whichever story I might come up with. Which they may, and of course, may not.

If I choose B) how do I prove I didn't want to do that when I first entered the States? Again, I don't. Same thing. They buy it, or they don't. By which, again, I mean they have their own little story in their own little heads and it doesn't matter at all what I'll have to say.

If I choose c) who, exactly, would know? People here, if I post it? I'll have moral problems with the decision? I doubt they can really scan my brain somehow to get that kind of information.

So, if you ask me, yes, there is what's considered legal and illegal, for sure. But if you think about practice, not just theory, the point is moot.

The point is moot if you cannot obtain a tourist visa. Many can. For them the issue can be a major one.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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The point is moot if you cannot obtain a tourist visa. Many can. For them the issue can be a major one.

It's moot no matter what.

One thing is to advise something - I wouldn't advocate breaking the law, or even getting into something shady. I like to play safe (and obviously enjoy paying for it since, well, safe and honest in life, not just here, don't mean you'll actually get treated the way you're supposed to).

So regardless of obtaining or not obtaining a visitor visa, the point is just simply poot. It's you against a CO/whoever. And they win. It's just a matter of a fact what they'll choose to 'believe'.

You can prove if you've been convicted of a crime. You can prove if you're legally married. Or if you've been to a country (for the most part). But you really can't prove your thoughts or intentions. Someone has to buy, or not buy your story.


I-129F Sent: Aug 20th 2008

Interview Date: April 8th 2009, 10:30 - APPROVED!

K-1 Visa Received: April 9th 2009

POE: Aug 8th 2009, Minneapolis

Wedding: Aug 28th 2009

-------------------------------------------------------------------

Our I-129f was approved in 107 days from our NOA1 date.

Our I-129f was approved in 114 days from our filing date.

Our case spent 52 days being chewed by NVC.

Our interview took 224 days from your I-129F NOA1 date.

-------------------------------------------------------------------

AOS, AP, EAD filed: Oct 15th 2009

Biometrics: Nov 24th 2009

AP received: Dec 14th 2009

EAD received: Dec 17th 2009

Green Card received: Dec 18th 2009

-------------------------------------------------------------------

http://www.badgerella.com/forum

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arriving in the US on a tourist visa with the intent to marry is illegal and the foreign spouse faces deportion.


19 MAR 2008 - got engaged

08 MAY 2008 - NOA1

05 SEP 2008 - NOA2

22 SEP 2008 - Pack 3

10 OCT 2008 - Pack 4

16 OCT 2008 - medical in Hamburg

27 OCT 2008 - Interview in Frankfurt

29 DEC 2008 - Atlanta

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arriving in the US on a tourist visa with the intent to marry is illegal and the foreign spouse faces deportion.

once again... this is not correct.

You can marry anywhere... marriage is of no concern to the US government... what you can't do is marry and STAY in the US.

Lots of people come to the US and marry.

It is the intent to immigrate without a proper visa... the attempt to circumvent the immigration laws that gets you in trouble.

There is a process for a reason. You can not plan to come into the US to stay without a visa saying you can do just that. It's not that difficult to understand.

And yes, if you came on a visitor's visa, met a US citizen and decide to marry before you leave.... you can adjust. It's just the way it is.


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