DUTCH FIANCE.. Does he have to come in on a K1 visa?

[ILOVEPUCHI 0]

I have been with my fiance for almost 5 years now. We have an 11 month old daughter. His country is a visa waiver country(meaning he does not have to apply for a visa to come here)

Should he just come here on vacation (90 days) and uhem decide he cant live without me and marry me, or should he apply for the fiance visa?

I just dont want the problem of not being able to see him while the visa would be processed seeing as he can come and go now when he wishes.

Please advice anyone?

[Crlsgrl 0]

Your fiance can still come and visit you on the visa waiver program while the I-129F is processing.

If he comes here on the visa waiver program as a tourist, and you get married, it can/will most likely be construed as immigration fraud by immigration.

[Boiler 46,929]

This should be a good one.

Where do you get the will/most likely from?

[together2love 0]

Your fiance can still come and visit you on the visa waiver program while the I-129F is processing.

If he comes here on the visa waiver program as a tourist, and you get married, it can/will most likely be construed as immigration fraud by immigration.

I agree, especially since the way the OP sounds like they already have the possible intention of marrying while in the USA on a VWP. Just as long as the non-US Citizen has proof of ties to him own country, he should be able to come and visit while the I-129F is processing.

[Cristy 4]

A visa waiver country does not mean they can move to the US, it means they can visit.

If you intend to get married, which you state you do, you need to apply for a K1 visa or get married and apply for a K3 visa.

Entering with intent to marry and stay is illegal the way you are suggesting. Nobody wants to problem of not seeing each other, but that is life.

[desert_fox 32]

I would suggest that he come here on the VWP, and if you decide to become a pair, then apply for a K1 while he is here. By the time he has to leave, it will almost be approved.

Seems like you have alot of evidence, as long as your baby is under two years old.

[keltic 1]

trying to skirt the law so that you dont have to wait is not something that will go over well on this board... we all have had to or are waiting to be with our loved ones... somethings are just worth it

you have options...

you could go there and marry him and then do a DCF (http://www.dutchusa.com/site/ is a website that can help you immensely with that)... i dont know much about this path, but i am sure others here do...

you can file for a K1 while he is here on the VWP as desert_fox said... there is not much of a wait with the netherlands... this site has all the info that you will need, as well as members who have recently gone thru (like myself and Tobe) or are going thru it now

best of luck on your path... just be careful to keep everything legal... there are serious consequences from the government if they think someone is trying to defraud them... its just not worth the chance in my book

just my $0.02

[Alex+R 0]

Without the baby, the illegal and WRONG answer would be yeah, you could probably get away with it if you were abiding by the 60-90 day rule and were able to actually prove you were a real couple who just spur-of-the-moment decided to marry. But what with the kid... it's not even worth trying. I'm not a lawyer, this is just what I've kind of picked up.

Desert Fox's idea was the best.

[JenT 0]

trying to skirt the law so that you dont have to wait is not something that will go over well on this board... we all have had to or are waiting to be with our loved ones... somethings are just worth it

you have options...

you could go there and marry him and then do a DCF (http://www.dutchusa.com/site/ is a website that can help you immensely with that)... i dont know much about this path, but i am sure others here do...

you can file for a K1 while he is here on the VWP as desert_fox said... there is not much of a wait with the netherlands... this site has all the info that you will need, as well as members who have recently gone thru (like myself and Tobe) or are going thru it now

best of luck on your path... just be careful to keep everything legal... there are serious consequences from the government if they think someone is trying to defraud them... its just not worth the chance in my book

just my $0.02

Completely agree... good advice Keltic! You'll spend less time apart with the K1...

Jen

Edited June 22, 2006 by JenT

[woodgc 0]

I do not see how it is illegal if you do not talk about it with him and he just comes here to visit. he is not lieing or missinforming anyone in the USG; his intention is to come to visit on the VWP. Once he is here you convince him to stay and marry asap and it seems legal. Then just do a aos here. The law says he must be truthful so if his intention is not to marry just visit and you use your womenly arts to change his mind after the fact how is that illegal???? and you do not have to be apart. But I guess I would run this by at laest 1 lawyer if not 2 and see what they think.

Good Luck,

[Cristy 4]

I do not see how it is illegal if you do not talk about it with him and he just comes here to visit. he is not lieing or missinforming anyone in the USG; his intention is to come to visit on the VWP. Once he is here you convince him to stay and marry asap and it seems legal. Then just do a aos here. The law says he must be truthful so if his intention is not to marry just visit and you use your womenly arts to change his mind after the fact how is that illegal???? and you do not have to be apart. But I guess I would run this by at laest 1 lawyer if not 2 and see what they think.

Good Luck,

It is illegal because they have intent. What you are doing is offering advice to commit immigration fraud.

[luvaLimey 0]

Isn't the Netherlands one of the countries you ca do DCF in without having to meet residency requirements?

Get hitched, then DCF. It'll allow you to be together quicker than K1, allow him to be able to work sooner, and it's legal.

[aussiewench 9]

I do not see how it is illegal if you do not talk about it with him and he just comes here to visit. he is not lieing or missinforming anyone in the USG; his intention is to come to visit on the VWP. Once he is here you convince him to stay and marry asap and it seems legal. Then just do a aos here. The law says he must be truthful so if his intention is not to marry just visit and you use your womenly arts to change his mind after the fact how is that illegal???? and you do not have to be apart. But I guess I would run this by at laest 1 lawyer if not 2 and see what they think.

Good Luck,

Encouraging someone to do something illegal is against the TOS of VJ

To all those using the statement that it is illegal to enter the US using the VWP to marry, are incorrect. It is not illegal to marry in the US whilst on the VWP or on a visitors visa. What is illegal is intent to immigrate when one entered the US. However if one is granted entry (not lied) and is otherwise eligible, one can apply to adjust status after one gets married.

[Jaylen Brit 1]

The wench is right

The key word in intent. If you arrive on VWP with no intent to marry and have plenty of ties to your home country, showing you will /have to return at the end of your visit, but you then marry your partner this is not illegal.

Remember that when you do the AOS the burden of proof is on YOU to show that no intent to immigrate was present at the time of entry to the US. If this is not believed or AOS is denied on the basis of fraud/no proof, the partner MAY face deportation (I've over-simplified but that's the bottom line) which MAY include a ban from re-entry.

Some people marry in the US, after entry on VWP, then RETURN to country of residence; this is also not illegal as you are not immigrating. The person can then either apply for K3 or DCF.

Also; even with VWP there is no guarantee of entry to the USA. If the Immigration officer belives you HAVE intent to immigrate you can be refused entry and sent back.

With a K1 you are stating intent to marry (and immigrate, altho technically the K1 is not an immigrant visa, but I don't know anyone personally who has used K1 and NOT immigrated), and on arrival WITH the K1 and docs, after visa approval from US Embassy in country of residence, you have received official 'permission' to do this.

K1 and K3 can take a few months - DCF CAN take less time (but there are no guarantees with any visa waiting times)

Make sure you know all your legal choices/options before doing anything and good luck

[woodgc 0]

maybe I did not say it right but is that not what i said. IF He does not have intent; if you do not discuss your plan with him. It is only he that comes into the USA. I would never suggest something illegal however I will recommend you use the system/law to the best of your ability. There is no white and black its haze gray and you must decide with proper legal help what works best for you. An ####### interpitation of the law is not nessaraly its purpose or intent.

Good Luck