PLEASE HELP: Tourist visa rather than K1 visa

[ucla_cutie26 0]

Hi everyone,

Have any of you tried to get a tourist visa (for the fiance) rather than going through the entire process to get a k1 visa? I mean, if you obtain a tourist visa, you can actually enter the U.S. and get married, without any problems, right?

I was just asking because my fiance and I are considering all possibilites before embarking on this k1 visa journey, which seems to take quite a bit.

[eclowjpd 0]

I have heard that if a person enters the country under fall pretenses (tourist) then marries, this can pose a problem when trying to get adjustment of status as a spouse. I don't know this for certain - other members will probably comment on this.

Also consider that it can be difficult to get a tourist visa from certain countries, as the embassy/consulate is concerned that people will just overstay and remain as illegal.

Bill

[antone 0]

Hi everyone,

Have any of you tried to get a tourist visa (for the fiance) rather than going through the entire process to get a k1 visa? I mean, if you obtain a tourist visa, you can actually enter the U.S. and get married, without any problems, right?

I was just asking because my fiance and I are considering all possibilites before embarking on this k1 visa journey, which seems to take quite a bit.

If the intention from the outset is to get your fiance a tourist visa, then have him/her enter the US, marry and settle there, I can only say one thing: DO NOT DO THIS!

It is, quite simply, immigration fraud. A tourist visa is issued on the basis that the foreign citizen is not planning to immigrate. Could you possibly get away with it? Well, some people do, I suppose, but I don't believe anyone here would recommend attempting to deceive the USCIS.

Where the confusion may arise is that it is possible to adjust status from B1/2 visa to resident, but it's illegal if that was the plan all along.

Another confusing factor - it's not illegal to have her enter on a tourist visa with intent to marry, then leave after the wedding and apply for CR1 from her own country.

[ppboo 0]

I have a B1/B2 VISA and have entered to US for more than 9 times, I would not take the change to marry and try to get Adjustment of status... I do not want to risk on having to stay apart for even longer period due to VISA fraud or even caught in the situation that I can't work legally.

I do it the way what the law required... I hope thing will eventually sorted out for me...

Wendy

[Jaylen Brit 1]

Its not illegal to marry on a tourist visa if your intent on arrival was NOT to marry, (and don't forget come AOS you will have to show that this was not your intention) OR if you intend to DEPART the country after marriage in the US and file a K3.

It IS illegal to enter on a tourist visa and plan to marry AND STAY in the USA.

Best of luck with your choices.

[scumpi 0]

I wouldn`t advise you to take that risk.They suspect you of trying to get married on a tourist visa even if you don`t have that intent and I`m going to tell you a little of my own experience just to let you know how the american immigration system can screw you up very seriously in some cases.Here is mine:I had a multi tourism visa B1/B2 (multiple entries that is) which I had already used two times(successfully) to visit my ex fiance in Oregon,only that the third time when I landed in Portland on the 14th of February 2006,I was suspected of trying to use my visa to get married and overstay the tourist visa,even if I was COMPLETELY honest from the first to the last word,and my intent was NOT to get married,and I said that several times(at a certain moment one of the three officers(that one was an a$$hole, he acted real weird to me,I am sorry I cannot go into many details here) and who ``interviewed``me=tried to intimidate me and said rude things to me many times.So he said,I`m going to go outside now and ask your fiance when the wedding date is`` and I answered him again:``there`s no wedding date sir,the only reason why I came here is to try to work on our relationship,because my fiance and I realized that we had a relationship and a friendship that lasted since the end of 2003,and you should consider that I used my tourist visa twice and never overstayed,never did anything illegal in the USA,and I have ties with my country as well``, trying to show him the contract of my property in Romania,all translated in English and notarized.Another of the three officers who understood my situation and realized I was honest was trying to help and said,``oh,let`s see that`` but the a$$hole said ``no,we`ll get to that later``,and of course he DID NOT get to that later.In the end the ``good officer`` gave up,he said,stumbling,`I am sorry miss,I had a hard day yesterday cause I had to work on Mexico arrivals so I am tired so my co-worker will take over from here``.His co worker was the a$$hole.So after a long humiliating interview during which I tried very hard to show that I don`t have any intent to illegally immigrate to the US,I ended up the same being labeled as an ``intended immigrant without an immigrant visa and misrepresenting myself and subject to removal to my country for violation of 212(a) (6) © and 212 (a) (7) (A) (i) (I) of the INA.

Now,if anybody can answer this,please,I would be very curious to hear:since I have the report the Immigration did on me at my arrival in Portland,and I know what I said,and I can read what they wrote,and comparing to what I said,what they wrote in the report are only parts of my sentences ,and other things I said during the interview are written in an inaccurate way in the report,and other things in the report are simply not true facts.Ok,many people I talked with told me it`s the immigration people job to put only half of the truth in their reports so they are always right,so they can build their ``case``but my question is,why they would write complete untrue facts in a report?That`s something that shocked me when I first read their report on me(and it was not at the moment when it was made,I didn`t have access to it then).And the report was made by the a$$hole.I am sorry,but that was what that person was,trust me. And all that was an abuse.

So yes, it`s risky to use a tourist visa to get into the USA in certain cases even if you have no illegal intentions.So be careful.All the best to you.

[Ladylethal 12]

All of the above and besides, VJ NEVER recomends the fraud path. You can get yourself a ban for your fiance even though she´d now be your wife.

If that was ok and fine, no one would have gone the K1 path.

[TracyTN 237]

Hi everyone,

Have any of you tried to get a tourist visa (for the fiance) rather than going through the entire process to get a k1 visa? I mean, if you obtain a tourist visa, you can actually enter the U.S. and get married, without any problems, right?

I was just asking because my fiance and I are considering all possibilites before embarking on this k1 visa journey, which seems to take quite a bit.

I don't see where the OP is suggesting visa fraud. Then again, there does seem to be some information missing from her post. As in what will you two do after getting married? If your fiance goes home to Mexico after you marry, then there is no problem doing that. You can then file for a K3, but you will still have to be apart - and that process is no less expensive and is actually more time consuming than the K1.

So to answer your question as posted, yes you can, as long as your fiance leaves after you get married and goes back to Mexico.

[pax 1]

Why has no one pointed out to the OP the near-impossibility of a young, single Mexican man with an American fiancee being granted a B visa?

Edited May 30, 2006 by pax

[TracyTN 237]

Never thought of it, pax. I know little about tourist visas from Mexico so I felt it best not to comment at all on that part of it.

[Ladylethal 12]

95% are denied, turist visas from Mexico.

[TracyTN 237]

WOW.

[MPGGPM 0]

I wouldn`t advise you to take that risk.They suspect you of trying to get married on a tourist visa even if you don`t have that intent and I`m going to tell you a little of my own experience just to let you know how the american immigration system can screw you up very seriously in some cases.Here is mine:I had a multi tourism visa B1/B2 (multiple entries that is) which I had already used two times(successfully) to visit my ex fiance in Oregon,only that the third time when I landed in Portland on the 14th of February 2006,I was suspected of trying to use my visa to get married and overstay the tourist visa,even if I was COMPLETELY honest from the first to the last word,and my intent was NOT to get married,and I said that several times(at a certain moment one of the three officers(that one was an a$$hole, he acted real weird to me,I am sorry I cannot go into many details here) and who ``interviewed``me=tried to intimidate me and said rude things to me many times.So he said,I`m going to go outside now and ask your fiance when the wedding date is`` and I answered him again:``there`s no wedding date sir,the only reason why I came here is to try to work on our relationship,because my fiance and I realized that we had a relationship and a friendship that lasted since the end of 2003,and you should consider that I used my tourist visa twice and never overstayed,never did anything illegal in the USA,and I have ties with my country as well``, trying to show him the contract of my property in Romania,all translated in English and notarized.Another of the three officers who understood my situation and realized I was honest was trying to help and said,``oh,let`s see that`` but the a$$hole said ``no,we`ll get to that later``,and of course he DID NOT get to that later.In the end the ``good officer`` gave up,he said,stumbling,`I am sorry miss,I had a hard day yesterday cause I had to work on Mexico arrivals so I am tired so my co-worker will take over from here``.His co worker was the a$$hole.So after a long humiliating interview during which I tried very hard to show that I don`t have any intent to illegally immigrate to the US,I ended up the same being labeled as an ``intended immigrant without an immigrant visa and misrepresenting myself and subject to removal to my country for violation of 212(a) (6) © and 212 (a) (7) (A) (i) (I) of the INA.

Now,if anybody can answer this,please,I would be very curious to hear:since I have the report the Immigration did on me at my arrival in Portland,and I know what I said,and I can read what they wrote,and comparing to what I said,what they wrote in the report are only parts of my sentences ,and other things I said during the interview are written in an inaccurate way in the report,and other things in the report are simply not true facts.Ok,many people I talked with told me it`s the immigration people job to put only half of the truth in their reports so they are always right,so they can build their ``case``but my question is,why they would write complete untrue facts in a report?That`s something that shocked me when I first read their report on me(and it was not at the moment when it was made,I didn`t have access to it then).And the report was made by the a$$hole.I am sorry,but that was what that person was,trust me. And all that was an abuse.

So yes, it`s risky to use a tourist visa to get into the USA in certain cases even if you have no illegal intentions.So be careful.All the best to you.

A tough story.........good thing my wife never travels through Oregon!

There was another topic in a different section of this forum that made a few good points regarding getting married on a tourist visa. It was in respect to repercussions down the road. Because his wife had come in and married on a tourist visa, their relatives which they want to bring to the US to visit, can not get tourist visas now, and were denied.

I think this is something that people need to think about. The ramifications of their actions and their effects on possible future events. Most people only think of the present when considering this. (because it IS such an emotional issue). But , they need to stop and think about all the possible future ramifications.

Edited May 30, 2006 by MPGGPM

[Joey559 1]

Everyone is feeling much more polite than me today! I'm sorry, maybe it's because it's a rainy, muggy hot day here in Michigan (it's not so much the heat but the humidity and the mosquitos and the june bugs ) but I'm not feeling all that polite today so I'm just going to put it out there:

If what you're intending is to bring him in on a tourist visa then have him return home so you can file a K3, good luck (though it sounds pretty tough).

BUT if your intention is to bring him into the country and then get married and have him stay...that's wrong and ILLEGAL. It's made clear that the marriage has to be a decision made after he's in the country for another purpose. The fact that you two even knew eachother when he came into the country will be a BIG red flag. What other reason is he going to give for coming in? So, I'm agreeing with everyone here - it's not the way to go. AND if your intention was to LIE and have him come in saying, "no, i'm not getting married, i'm just on a tourist visa" then shame on you, and especially shame on you for asking that of people who have waited months and in some cases years to LEGALLY be with the person they love. We're here for eachother because we're all going through this same intense process because it's the right thing to do.

And if you never had that intention I'm really sorry, it's just on of those days.

Joey

Edited May 30, 2006 by Joey559

[digbeezgrl 0]

BUT if your intention is to bring him into the country and then get married and have him stay...that's wrong and ILLEGAL. It's made clear that the marriage has to be a decision made after he's in the country for another purpose. The fact that you two even knew eachother when he came into the country will be a BIG red flag. What other reason is he going to give for coming in? So, I'm agreeing with everyone here - it's not the way to go. AND if your intention was to LIE and have him come in saying, "no, i'm not getting married, i'm just on a tourist visa" then shame on you, and especially shame on you for asking that of people who have waited months and in some cases years to LEGALLY be with the person they love. We're here for eachother because we're all going through this same intense process because it's the right thing to do.

Joey

EEASY now!

I seem to remember asking this EXACT question when I first joined here. I didn't get any "Shame On You's" though...

I think it's a matter of naiivity on a lot of newbies' parts...

I had NO IDEA that bringing a boyfriend in, marrying him, and having him stay was illegal. Really. And I think I am not alone, I have heard a ton of people ask this very question. I was shocked to find out that this was a fraudulent thing to do. It's also very disheartening to come to the realization that, yes, we must all endure this torturous process, and that there is no quicker way.

Agree with the point that it's ok if he leaves afterward. Personally, I'd rather wait, tough as it is, to have a wedding after the process is resolved. Who wants to have someone have to leave when they're newlyweds?