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

[Cristy 4]

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

She posted their intent, they plan to marry and for him to stay....that is intent.... so to advise her otherwise is fraudulent.

[Lizzy 0]

I was told by a Immigration officer that, they actually look on Visajourney. After going through this the right way, i would NEVER put my marrage to be on the line. Do it the right way, start the K1 journey or the K3. YOu will have peace of mind.

Edited June 22, 2006 by Lizzy

[zyggy 9]

I was told by a Immigration officer that, they actually look on Visajourney. After going through this the right way, i would NEVER put my marrage to be on the line. Do it the right way, start the K1 journey or the K3. YOu will have peace of mind.

Actually you have a golden opportunity. The consulate in Amsterdam is a consulate that is extremely DCF friendly in allow US Citizens to file a I-130 at the consulate to bring their spouse to the US with an immigrant visa, even if they are not resident in the Netherlands. This way will easily be the fastest way to get your fiancee into the US with the added bonus of being a permanent resident upon entry. All you have to do is fly to the Netherlands, marry him there and then go to Amsterdam and file the I-130 at the consulate there...

Check out the DCF forum here to find out more...

Edited June 22, 2006 by zyggy

[Lizzy 0]

I was told by a Immigration officer that, they actually look on Visajourney. After going through this the right way, i would NEVER put my marrage to be on the line. Do it the right way, start the K1 journey or the K3. YOu will have peace of mind.

Actually you have a golden opportunity. The consulate in Amsterdam is a consulate that is extremely DCF friendly in allow US Citizens to file a I-130 at the consulate to bring their spouse to the US with an immigrant visa, even if they are not resident in the Netherlands. This way will easily be the fastest way to get your fiancee into the US with the added bonus of being a permanent resident upon entry. All you have to do is fly to the Netherlands, marry him there and then go to Amsterdam and file the I-130 at the consulate there...

Check out the DCF forum here to find out more...

There ya go, hehehe

[woodgc 0]

This is beating a dead horse but she posted her intent not his and only one person comes through the immagration line so I will agree to disagree. if he has no intent, he has no intent. His truthful answers when he arrives at immigration are what count.

It would apper a DCF is they way to go anyway.

Please remember that prior to 9-11 the highackers computers were not looked at because of a very very ####### view of what was legal and what was not. Our laws are supose to #1 keep us free #2 Protect us #3 serve us

We are not slaves to the law The Law serves us

[Cristy 4]

This is beating a dead horse but she posted her intent not his and only one person comes through the immagration line so I will agree to disagree. if he has no intent, he has no intent. His truthful answers when he arrives at immigration are what count.

It would apper a DCF is they way to go anyway.

Please remember that prior to 9-11 the highackers computers were not looked at because of a very very ####### view of what was legal and what was not. Our laws are supose to #1 keep us free #2 Protect us #3 serve us

We are not slaves to the law The Law serves us

I would suggest you get a little more familiar with the laws before offering advice.

[meauxna 15]

This is beating a dead horse but she posted her intent not his and only one person comes through the immagration line so I will agree to disagree. if he has no intent, he has no intent. His truthful answers when he arrives at immigration are what count.

It would apper a DCF is they way to go anyway.

Please remember that prior to 9-11 the highackers computers were not looked at because of a very very ####### view of what was legal and what was not. Our laws are supose to #1 keep us free #2 Protect us #3 serve us

We are not slaves to the law The Law serves us

Do you sincerely believe that this plan would exist in her head only? If so, I've got a bridge I'd like to sell you!

Dutchies who do not at least consider DCF are missing the boat, IMO.

It *is* faster to marry in the US however. If they can afford it, come here and marry and return home for the IV process. Last report I read it's running about 2 months petition-->visa.

[Caladan 19]

aussiewench is correct, as I understand it.

You could get married on a visit without being fraudulent, because the problem is with the intent to *immigrate* when he entered, not marriage per se. If you were, say, to get married, and then he left and you applied for a K-3, you'd be technically fine.

But, here's the thing. As I understand your question, you're wondering if he can just come here and get married and stay with you and your child without running foul of the law. And that's a no -- it would be entering with intent to immigrate.

And here's the second thing. I suspect most of the 'intent' thing is for a situation like this: I am in school, I meet a student here on a student visa, we date through college and marry, and then we go through the green card process. When he entered on the visa *he hadn't even met me yet*, so there can't be fraud. (A friend just did this with her Romanian husband.)

Coming over to a fiancée where you have a child isn't going to look good. "We've been together three years and we have a kid and we're engaged and it just so happened we spontaneously got married"? Much harder sell, and not worth the risk.

[Crlsgrl 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,

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.

It IS illegal to enter on the VWP and get married IF you had the INTENT to do such. The OP asked the question with the INTENT to marry while the fiance is here on the VWP.....

[meauxna 15]

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.

It IS illegal to enter on the VWP and get married IF you had the INTENT to do such. The OP asked the question with the INTENT to marry while the fiance is here on the VWP.....

No, you are wrong.

You are confusing which intent is the problem. Immigrating on a non-immigrant option is the problem.

People can and do come to the US every day to get married. Then they leave. Totally 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.

It IS illegal to enter on the VWP and get married IF you had the INTENT to do such. The OP asked the question with the INTENT to marry while the fiance is here on the VWP.....

I am quite aware of what the OP asked and as meauxna has said already.....this is NOT illegal. Many do and have done this, including myself. The intent to immigrate is the issue.