Tourist VISA during the wait for K1.

[Vegabond 0]

I was told by a friend of mine that he got his Fiance in to the US on tourist Visa after he has filed the I-129F.

They gave her the tourist visa and she never left. They got married here and went through paperwork after they got married here.

The only thing i see here as the Treasury department wins extra money. No one loses. Another thing i have heard that tourists visas are being given out like a newspaper.. that is extra money too..

Would like to hear your opinions.

[Hell0W0rld 10]

your friend's fiance(s) would still have to go back home for the interview, an interview in the US is not possible....

Edited April 20, 2009 by HelloWorld08

[Bobby+Umit 161]

It's illegal to come here with the intent to marry and AOS for one thing.

plenty of people do it and get away with it, some don't.

I guess it depends if you get away with it if you would consider it a "win".

[daboyz 36]

I was told by a friend of mine that he got his Fiance in to the US on tourist Visa after he has filed the I-129F.

They gave her the tourist visa and she never left. They got married here and went through paperwork after they got married here.

The only thing i see here as the Treasury department wins extra money. No one loses. Another thing i have heard that tourists visas are being given out like a newspaper.. that is extra money too..

Would like to hear your opinions.

You might want to log off now. I don't think you realize the $hit storm that is about to come your way.

[Vegabond 0]

Why would i want to log off?. It is only logical. I don't see anything illegal about it. Look. we have to wait anyway. We applied only for 120F not for permanent stay. That process still goes on. But there is nothing to stop anyone from moving in and out of the country. If people want to visit they still can as i understand. i understand that it can be is complicated but not illegal. You are the one who is paying the money and submitting a petition. Its not just the wait... it is not knowing-that what gets to most people.

[Bobby+Umit 161]

Why would i want to log off?. It is only logical. I don't see anything illegal about it. Look. we have to wait anyway. We applied only for 120F not for permanent stay. That process still goes on. But there is nothing to stop anyone from moving in and out of the country. If people want to visit they still can as i understand. i understand that it can be is complicated but not illegal. You are the one who is paying the money and submitting a petition. Its not just the wait... it is not knowing-that what gets to most people.

Visiting (if you have the proper visa/vwp) is not a problem.

Visiting (if you have the proper visa/vwp) during processing of a visa (to marry) is not a problem.

Coming here (if you have the proper visa/vwp) with the intent to marry and AOS using a vistior's visa is a problem. You are trying to evade immigration laws.

Now, if you came here as a visitor, was given 90 days - 6 months, and you find the person of your dreams, and you marry, and AOS, you can do that, since your intent on entry was to visit, not marry and AOS.

You might have to prove that intent, and the burden of proof is on you, not USCIS.

Again, some make it through and do this, some do not. The choice is up to the people doing it.

Ref. to the law they could use against you:

1325

[Vegabond 0]

I understand the law, and i do understand what you are saying. But there is no avoiding the law. Maybe i am dense from all this waiting. the F129 is already in the process. At the embassy... they ask you fro your intent/ reason of going to the states. You tell em you going to visit your fiance. If they grant you a visa, they automatically give you a green light to do what you want. If they deny the visa, then you dont lose anything. I think there is a loop hole in the law here. After filing the i129F you not hiding anything. The intent to marry is in the open. Then it becomes another lottery. If they say NO then you wait. If they say Yes... you may go back to the your home embassy for a visit., or it may fly.. I guess i dont understand where the law would be broken when there is no deception at all.

I know that's why lawyers make lots of money.. they understand this better then I do

[Vegabond 0]

Another thread kind of explains it too..

Cant do it.. just visit... still i thing the law is flimzy here. :-(

[daboyz 36]

I was told by a friend of mine that he got his Fiance in to the US on tourist Visa after he has filed the I-129F.

They gave her the tourist visa and she never left. They got married here and went through paperwork after they got married here.

The only thing i see here as the Treasury department wins extra money. No one loses. Another thing i have heard that tourists visas are being given out like a newspaper.. that is extra money too..

Would like to hear your opinions.

Maybe I misread what you are saying. It seems from the above post that your friend came here on a tourist visa with the plan of getting married, and then tried to adjust status after the marriage. Maybe I'm wrong.

[Gary and Alla 3,696]

I was told by a friend of mine that he got his Fiance in to the US on tourist Visa after he has filed the I-129F.

They gave her the tourist visa and she never left. They got married here and went through paperwork after they got married here.

The only thing i see here as the Treasury department wins extra money. No one loses. Another thing i have heard that tourists visas are being given out like a newspaper.. that is extra money too..

Would like to hear your opinions.

What they di is illegal. Getting married and adjusting status from a tourist visa is allowed only if the marriage "was not intended" when the person entered on a tourist visa. Good luck with that after filing an I-129f. Not to say it cannot be done, only that it is a big risk.

I do not know what country your friends fiancee was from, but I assure you, they do NOT hand out tourist visas in Ukraine like newspapers. They are very difficult to obtain and nearly impossible for single women of working/childbearing age. My wife tried to get a visitor two years before I met her for business purposes for a specific business reason, a meeting in New york where she would be an interpreter for the company she represented. The company would pay for all her expenses and return travel. She was rejected out of hand and said she was "Treated like a monkey". This is why she was so afraid of the consulate when we went for our K-1 interview. The treatment for the K-1 visa was cordial, professional. She said it was completely "sky and land" from the way she was treated when applying for a B-1 visa.

[Vegabond 0]

Gary, i understand what you are saying. And i think you ate right about Ukraine.. it is difficult.

The guy was talking about Russia and Kazakstan. Two guys yesterday went and got a visa to travel, no strings attached.

They were talking them in to a 3 year visa that cost more money. Those two do no know each other. under 30 years old. and had nothing holding them there. Maybe something is changing?

[Gary and Alla 3,696]

Another thread kind of explains it too..

Cant do it.. just visit... still i thing the law is flimzy here. :-(

The law is not at all "flimsy". It is very clear and strong. IF you enter on a tourist visa with the intent to marry, the AOS can be rejected, your (now) wife can be deported and barred from ever receiving another visa of any type (could be for 3 years, 10 years or life) and you, yourself could be in for a lot of trouble. If you want to try it, go for it. I lived in Ukraine for 2 years and it was a lot of fun, maybe you will like it also. Also, a marriage anywhere at anytime during the K-1 process, while not illegal, renders the petition you paid for null and void. If married you are not "eligible" to be married and you no longer have a finacee, something needed for a "fiancee visa". You have to re-apply for a K-3 or CR-1. More fees, more time waiting.

There have been some threads discussing people that have "gotten away with this" (marriage and AOS on a tourist visa). You pays your nickle and you takes your chances. I suspect your chances are MUCH greater of being successful at this if you have not already filed an I-129f and the fiancee is from a VWP country.

First hurdle is the tourist visa. It is only $131 per attempt, and they keep the money whether you get the visa or not. You can apply as many times as you want. You will have to state the purpose of your desire for a tourist visa. If you state to "visit fiancee" and subsequently get married, it is pretty obvious you intended to marry. If you do not mention the fiancee, you commit another form of visa fraud in mis-stating the purpose and when they find the previously filed I-129f...hoooo boy.

The path you suggest is illegal and full of booby traps. I suggest you wait and do it properly.

[KimandRuss 0]

If the CBP agent believes you have intent to immigrate, which by having a US fiance you do , there will be extra scrutiny placed on your admission into the US on any kind of visa. You can be denied entry due to your intent to immigrate (plan to enter, marry and stay) no matter what kind of visa you're trying to get in with. Ask me how I know??

As mentioned many times above, it is illegal to enter the US with a visitor's visa and stay. Marriage and immigration are two different things. You are not simply allowed to stay in the United States because you are married to a USC. You need a valid visa to stay in the US.

If you do as you are suggesting and enter (whether the I-129f is in process or not) then marry and try to adjust status you will have committed immigration fraud which is punishable by a ban to the United States. How will they know? You are interviewed when you adjust status. Having already filed a I-129f doesn't help... in fact it shows that intent was there when you entered the Country.

[Gary and Alla 3,696]

Gary, i understand what you are saying. And i think you ate right about Ukraine.. it is difficult.

The guy was talking about Russia and Kazakstan. Two guys yesterday went and got a visa to travel, no strings attached.

They were talking them in to a 3 year visa that cost more money. Those two do no know each other. under 30 years old. and had nothing holding them there. Maybe something is changing?

I do not know their circumstances. I am not aware of it being easy to get a tourist visa from Russia or, especially, Kazakstan. Since Alla arrived we have met many couples locally with Russian/Ukrainian women and they all report the same, nearly impossible to get a tourist visa and treatment so rude that they are discouraged from even trying. I cannot imagine Kazakstan is somehow easier being even a less developed nation and one more at risk for illegal immigration. Again, not saying it cannot be done, just that it is not easy.

[Vegabond 0]

Thanks guys for t5alking me out of it.. I really value your opinions..

As you can tell i am not very patient :-)