I-129F

[GinGerGal 0]

I am american my fiancè is Italian!! We want to marry in america! Can we just marry on a tourist visa!! He can stay for 3 months do I really need to submit the I-129F? he can come without it! I thought this document was used for people who need a tourist visa to enter... Do I need this document throughout the other processes for the K3 Visa

[payxibka 10,044]

I am american my fiancè is Italian!! We want to marry in america! Can we just marry on a tourist visa!! He can stay for 3 months do I really need to submit the I-129F? he can come without it! I thought this document was used for people who need a tourist visa to enter... Do I need this document throughout the other processes for the K3 Visa

No, he can come and you can be married.... however he cannot stay past his authorized 3 months... The K-3 is for already married people who wish to have there spouse immigrate to the US

Edited September 19, 2008 by payxibka

[YuAndDan 153]

Yes can come to the USA and marry as a tourist, however should NOT overstay their visa, and return home, the US Citizen can then apply for a spousal visa (CR-1 or K-3) Preferably the CR-1 because it allows the IMMIGRANT to work, get SSN and even apply for driver's license, K-3 is NOT work auth so Cannot do these things until the apply for and receive EAD or Green-card.

Note CR-1 is not taking much longer to get than K-3.

[pushbrk 12,279]

I am american my fiancè is Italian!! We want to marry in america! Can we just marry on a tourist visa!! He can stay for 3 months do I really need to submit the I-129F? he can come without it! I thought this document was used for people who need a tourist visa to enter... Do I need this document throughout the other processes for the K3 Visa

No, he can come and you can be married.... however he cannot stay past his authorized 3 months... The K-3 is for already married people who wish to have there spouse immigrate to the US

Right, if he can get here, you can marry here. He must not overstay. You then follow the spouse visa process of your choice. You start by filing an I-130. You can do that as soon as you are married or anytime after, whenever you're ready. I would encourage you to consider the CR1 visa process instead of the K3. There's lots of discussion on that.

One or two people will probably post that you can't get married on a tourist visa. Ignore them because they are simply wrong. What you can't do on a tourist visa is marry and then stay to immigrate. Marrying isn't the problem. Immigrating is.

[mrc1330 0]

Realistically... what would happen if he were to overstay his tourist visa, he's married to a US Citizen, he didnt enter illegally, he has a pending I-130... Can't he just apply for adjustment of status? There are no provisions in the LIFE Act that account for this?

I am american my fiancè is Italian!! We want to marry in america! Can we just marry on a tourist visa!! He can stay for 3 months do I really need to submit the I-129F? he can come without it! I thought this document was used for people who need a tourist visa to enter... Do I need this document throughout the other processes for the K3 Visa

No, he can come and you can be married.... however he cannot stay past his authorized 3 months... The K-3 is for already married people who wish to have there spouse immigrate to the US

Right, if he can get here, you can marry here. He must not overstay. You then follow the spouse visa process of your choice. You start by filing an I-130. You can do that as soon as you are married or anytime after, whenever you're ready. I would encourage you to consider the CR1 visa process instead of the K3. There's lots of discussion on that.

One or two people will probably post that you can't get married on a tourist visa. Ignore them because they are simply wrong. What you can't do on a tourist visa is marry and then stay to immigrate. Marrying isn't the problem. Immigrating is.

[pushbrk 12,279]

If USCIS rules he entered the US using a tourist visa with the intent of immigration, he could face as much as a lifetime ban for visa fraud. Check with an attorney before you say there's no provision in law covering visa fraud.

Realistically... what would happen if he were to overstay his tourist visa, he's married to a US Citizen, he didnt enter illegally, he has a pending I-130... Can't he just apply for adjustment of status? There are no provisions in the LIFE Act that account for this?

I am american my fiancè is Italian!! We want to marry in america! Can we just marry on a tourist visa!! He can stay for 3 months do I really need to submit the I-129F? he can come without it! I thought this document was used for people who need a tourist visa to enter... Do I need this document throughout the other processes for the K3 Visa

No, he can come and you can be married.... however he cannot stay past his authorized 3 months... The K-3 is for already married people who wish to have there spouse immigrate to the US

Right, if he can get here, you can marry here. He must not overstay. You then follow the spouse visa process of your choice. You start by filing an I-130. You can do that as soon as you are married or anytime after, whenever you're ready. I would encourage you to consider the CR1 visa process instead of the K3. There's lots of discussion on that.

One or two people will probably post that you can't get married on a tourist visa. Ignore them because they are simply wrong. What you can't do on a tourist visa is marry and then stay to immigrate. Marrying isn't the problem. Immigrating is.

[ronjie 0]

pushbrk, I know the op is asking about marriage. but, can the fiance com here on a tourist visa and then file a k1 while they are here and skip the weeding until the k1 is approved. of course still not overstaying the tourist visa. the advantage being a shorter time period being seperated, and they would still get married in america like they want

Edited September 19, 2008 by ronjie

[payxibka 10,044]

pushbrk, I know the op is asking about marriage. but, can the fiance com here on a tourist visa and then file a k1 while they are here and skip the weeding until the k1 is approved. of course still not overstaying the tourist visa. the advantage being a shorter time period being seperated, and they would still get married in america like they want

A benneficiary can be inside the US when the petition is filed... However, they must return home for interview and re-enter teh USA.

[pushbrk 12,279]

pushbrk, I know the op is asking about marriage. but, can the fiance com here on a tourist visa and then file a k1 while they are here and skip the weeding until the k1 is approved. of course still not overstaying the tourist visa. the advantage being a shorter time period being seperated, and they would still get married in america like they want

A benneficiary can be inside the US when the petition is filed... However, they must return home for interview and re-enter teh USA.

That's correct and since it is the K1 is not going to shorten their time apart unless they go ahead and file it right away. That plan carries the risk though that the foreigner has no gaurantee of US entry for a visit. I take it the couple wishes to marry promptly rather than wait. As such a fiance visa process would delay their marriage. I suggest, life plans come first then use the visa process that best fits the life plan rather than conforming the life plan to a pre-selected visa process. To each their own.

[YuAndDan 153]

pushbrk, I know the op is asking about marriage. but, can the fiance com here on a tourist visa and then file a k1 while they are here and skip the weeding until the k1 is approved. of course still not overstaying the tourist visa. the advantage being a shorter time period being seperated, and they would still get married in america like they want

Yes

FAQ: http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

[chuckb 0]

pushbrk, I know the op is asking about marriage. but, can the fiance com here on a tourist visa and then file a k1 while they are here and skip the weeding until the k1 is approved. of course still not overstaying the tourist visa. the advantage being a shorter time period being seperated, and they would still get married in america like they want

A benneficiary can be inside the US when the petition is filed... However, they must return home for interview and re-enter teh USA.

That's correct and since it is the K1 is not going to shorten their time apart unless they go ahead and file it right away. That plan carries the risk though that the foreigner has no gaurantee of US entry for a visit. I take it the couple wishes to marry promptly rather than wait. As such a fiance visa process would delay their marriage. I suggest, life plans come first then use the visa process that best fits the life plan rather than conforming the life plan to a pre-selected visa process. To each their own.

I thought that as long as the Foreign National does not come here with the intention of getting married and staying, it is legal to fall in love and get married. Once that occurs, you file the I-130 and the I-485 concurrently, and you can stay while the process does it's thing. Am I wrong?

Risky, and doesn't apply to me, but it does interest me...

[payxibka 10,044]

I thought that as long as the Foreign National does not come here with the intention of getting married and staying, it is legal to fall in love and get married. Once that occurs, you file the I-130 and the I-485 concurrently, and you can stay while the process does it's thing. Am I wrong?

Risky, and doesn't apply to me, but it does interest me...

That is true, however in the OP's situation it is not clear that the alien is currently "in country" when this matrimonial idea came about.

[pushbrk 12,279]

I thought that as long as the Foreign National does not come here with the intention of getting married and staying, it is legal to fall in love and get married. Once that occurs, you file the I-130 and the I-485 concurrently, and you can stay while the process does it's thing. Am I wrong?

Risky, and doesn't apply to me, but it does interest me...

That is true, however in the OP's situation it is not clear that the alien is currently "in country" when this matrimonial idea came about.

I've interpreted, "He can come..." as he isn't here. If he isn't here, and they already plan to marry, then just using a tourist visa and adjusting status is out of the question. If the decision to marry occurs when he's already here, then adjusting status is a possibility. The key is intent at the most recent entry. This AOS scenario required the foreign spouse to remain in the USA until they have AP or LPR status and even with AP it's risk to leave.

[chuckb 0]

I thought that as long as the Foreign National does not come here with the intention of getting married and staying, it is legal to fall in love and get married. Once that occurs, you file the I-130 and the I-485 concurrently, and you can stay while the process does it's thing. Am I wrong?

Risky, and doesn't apply to me, but it does interest me...

That is true, however in the OP's situation it is not clear that the alien is currently "in country" when this matrimonial idea came about.

I've interpreted, "He can come..." as he isn't here. If he isn't here, and they already plan to marry, then just using a tourist visa and adjusting status is out of the question. If the decision to marry occurs when he's already here, then adjusting status is a possibility. The key is intent at the most recent entry. This AOS scenario required the foreign spouse to remain in the USA until they have AP or LPR status and even with AP it's risk to leave.

I agree completely. Given that the intent to marry has already occurred, it would be illegal to fall in love (again) and get married in the US! The AOS part is true of K1, K3 (unless married 2 years), and CR1, as I understand it.

Ignorance of the Law is not an excuse in this Country...

[pushbrk 12,279]

I thought that as long as the Foreign National does not come here with the intention of getting married and staying, it is legal to fall in love and get married. Once that occurs, you file the I-130 and the I-485 concurrently, and you can stay while the process does it's thing. Am I wrong?

Risky, and doesn't apply to me, but it does interest me...

That is true, however in the OP's situation it is not clear that the alien is currently "in country" when this matrimonial idea came about.

I've interpreted, "He can come..." as he isn't here. If he isn't here, and they already plan to marry, then just using a tourist visa and adjusting status is out of the question. If the decision to marry occurs when he's already here, then adjusting status is a possibility. The key is intent at the most recent entry. This AOS scenario required the foreign spouse to remain in the USA until they have AP or LPR status and even with AP it's risk to leave.

I agree completely. Given that the intent to marry has already occurred, it would be illegal to fall in love (again) and get married in the US! The AOS part is true of K1, K3 (unless married 2 years), and CR1, as I understand it.

Ignorance of the Law is not an excuse in this Country...

I can't make heads or tails of the sentence in bold from your last post. There is no AOS for CR1 and you need AOS from K3 regardless of how long you've been married. If you complete the adjustment of status or enter as CR1 after the two year wedding anniversary, you don't need to remove conditions on your LPR status.