Fiancee Visa Application Needed??

[JOHNNYBOY3115 0]

My fiancee is from Canada and I am a U.S. citizen. I was told by an immigration lawyer today that we do not need to file a fiancee visa application, mainly the I-129F. The lawyer told me that she can enter the US as she regularly does, we can get married here in the US (within 90 days of course), and then file for marriage adjustment.

Is this proper procedure or do we first need to file the I-129F? Thanks for any help.

[pushbrk 13,720]

My fiancee is from Canada and I am a U.S. citizen. I was told by an immigration lawyer today that we do not need to file a fiancee visa application, mainly the I-129F. The lawyer told me that she can enter the US as she regularly does, we can get married here in the US (within 90 days of course), and then file for marriage adjustment.

Is this proper procedure or do we first need to file the I-129F? Thanks for any help.

Start by clicking on the word "Guides" at the top of any page here. She cannot use the Canadadian "no visa" visitor entry privilege with the intention to "immigrate". Since the two of you intend to marry and for her to immigrate, you'll need the appropriate (based on when and where you marry) fiance(e) or spouse visa.

[dbbri 0]

Shure, you could try that. And if immigration feels that she entered for the purpose of marrying you, they can kick her out, deny your AOS, and bar her from entering the US for 5 years. There is a reason they have the k-1 process.

[JOHNNYBOY3115 0]

I knew that seemed to good to be true. Why would an immigration lawyer give me such horrible advice? Thats just ridiculous

[dbbri 0]

I knew that seemed to good to be true. Why would an immigration lawyer give me such horrible advice? Thats just ridiculous

Yes, what a horrible lawyer. How are they supposed to profit from that advice.

Edited January 8, 2009 by dbbri

[KimandRuss 0]

It's a good thing you found VJ.... and it's awful that lawyers are giving this advice to people.

Canadian special entry privledges, VWP or visitor's/work visas (without dual intent) do not allow you to immigrate to the United States. As stated above, if you enter with the intent to immigrate you can be charged with misrepresentation and banned from the U.S.... = bad.

If you were already in the Country, with no intention of staying when you entered, and decided to marry, you could then adjust status. Some lawyers seem to see it as an option to circumvent immigration laws but it really exposes you to much greater problems down the road.

Start here... to decide which Visa you want then read through the GUIDES & FAQ. Be sure to visit the Canadian Regional Thread here on VJ for Country specific questions. There's lots of great people there that will be of great help along the way.

[Singers 0]

Shure, you could try that. And if immigration feels that she entered for the purpose of marrying you, they can kick her out, deny your AOS, and bar her from entering the US for 5 years. There is a reason they have the k-1 process.

Just to clarify, misrepresentation carries a LIFETIME ban from the country but you can apply for a waiver.

[JOHNNYBOY3115 0]

Wow guys. Thanks for all the help. I really appreciate your knowledge. And I dont think Ill be going back to that lawyer again.

[KimandRuss 0]

We see/hear/read that same advice from lawyers all the time.

It's against TOS to advise against a lawyer ....but the reality is that if your case has no special circumstances it's fairly easy to complete the process by yourself...probably actually saving yourself time and lots of money... especially now that you've found VJ and the resources and knowledge it offers.

Start with the GUIDES, read the FAQ and arm yourself with as much knowledge about the process as you can.

good luck