Attourney Suggestion

[carvin317 0]

Hey guys i posted this in the wrong forum and they said you guys can help more, but he is the scenario.

So i called an immigration attourney and my fiance is currently on a R1 visas, religious visa, and he said we do not need to file a fiance visa. He said that we could get married here and just file a status change? Does that sound right to anyone. He said the r1 visa has dual intent? We plan on getting married in the states in august and filing immediately after marriage has anyone heard of doing this rather than the k1 or k3 visa ?

Another issue is she visits here often and immigration has been hassling her with more questions that usual so let says she comes in early august for a church conference and we plan on getting married during that visit and they ask her are you getting married what should her response be ?

[sara..... 371]

Hey guys i posted this in the wrong forum and they said you guys can help more, but he is the scenario.

So i called an immigration attourney and my fiance is currently on a R1 visas, religious visa, and he said we do not need to file a fiance visa. He said that we could get married here and just file a status change? Does that sound right to anyone. He said the r1 visa has dual intent? We plan on getting married in the states in august and filing immediately after marriage has anyone heard of doing this rather than the k1 or k3 visa ?

Another issue is she visits here often and immigration has been hassling her with more questions that usual so let says she comes in early august for a church conference and we plan on getting married during that visit and they ask her are you getting married what should her response be ?

if she enters the usa with the intent to get married at that time it is not visa fraud but if she inters into the usa gets married and intends to stay and adjust status after she is married without going home this is visa fraud.

when she comes on the R1 visa it is not for marraige but for religious reasons and it does not include marriage.

just my opinion

sara

[Eric-Pris 1,602]

if she enters the usa with the intent to get married at that time it is not visa fraud but if she inters into the usa gets married and intends to stay and adjust status after she is married without going home this is visa fraud.

This is exactly what she intends to do, the OP said so. They plan to get married and file AOS. This is a clear case of visa fraud.

To the OP,

You can get married in the US, but she would have to leave and you would need to file for a K-3 spousal visa. (Obviously, you can't file for a fiancee visa once married). She could stay in the US while it is being processed, but then would have to return for the interview at the embassy in her country.

Another option is to file a fiancee visa. Again, she could stay with you a while while it's processed. She would need to return home for the interview.

A third option is to get married now, and she could stay and you would adjust status. But she wouldn't be able to leave the US until she gets her greencard. Since it doesn't sound like she intended to stay in the US when she entered the US this last time, it wouldn't be fraud. (If the next time she enters, she intends to get married and stay, then it will be fraud)

[carvin317 0]

So we can get married here and she can stay and Adjust her status ? thats what we want to do, but that would be visa fraud like mentioned above right?

Edited May 4, 2009 by carvin317

[Eric-Pris 1,602]

He said the r1 visa has dual intent?

I don't know this for a fact, but based on what I read, there is only one intent. Do your religious work and go home. This is not an immigrant visa.

There is no requirement that individuals applying for "R" visas have a residence abroad that they have no intention of abandoning. However, they must intend to depart the United States at the end of their lawful status, absent specific indications or evidence to the contrary.

http://travel.state.gov/visa/temp/types/types_1272.html

[carvin317 0]

her r1 visa lasts until August 2010 so if we got married in August 2009 and filed her adjustment of status before her visa ran out she would never of had the opportunity to leave ? does that make any difference?

[Eric-Pris 1,602]

So we can get married here and she can stay and Adjust her status ? thats what we want to do, but that would be visa fraud like mentioned above right?

If she didn't intend on staying when she entered the US this most recent time, then it would not be visa fraud. However, this is not risk-free way to do it. You will have to convince the immigration officer at her AOS interview of this. He may see it as you planning this all along. Can you prove that she planned to go back and this marriage was "a spur of the moment" thing and not planned? or did you plan to get married at some future point but decided to move it up? These are all things that they may ask.

The safer route is to go with the k-1 or k-3. Yes, it will take longer and you will have to be apart a little, but the risks with trying to adjust from R1 is that the immigration officer who interviews you may not believe you and then you will have more problems than you want.

It's hard for anybody to tell you what you SHOULD do. We can tell you what you CAN do, the rest is up to you.

[baron555 934]

So we can get married here and she can stay and Adjust her status ? thats what we want to do, but that would be visa fraud like mentioned above right?

The possible problem would be at the AOS interview. If it seems like there was any visa fraud, you could be denied at that step. Then that would go onto her record and she could be barred for some amount of years. I would suggest you play it the safe way, but this a free country and you are free to make you own choice.

You are free to succeed but know that to make that a reality, you are also free to fail.

[Eric-Pris 1,602]

her r1 visa lasts until August 2010 so if we got married in August 2009 and filed her adjustment of status before her visa ran out she would never of had the opportunity to leave ? does that make any difference?

Honestly, I think the visa expiration date is meaningless as far as AOS goes. The only thing that matters is if she fraudently entered the US with the intent to immigrate. If she can prove beyond doubt that she didn't, there won't be a problem. If she can't prove it, it's probably better to go with one of the k-visas.

[carvin317 0]

okay thanks guys you have helped alot, i definately want to go the safest route so can we get married here and than file a k3 visa or do you need to get married abroad to do the k3 visa ?

[^KK^ 3]

I just don't get it about this site. I mean everyone post something and it's visa fraud.

You can adjust from the R1.

R-1 visa can adjust Status

[Eric-Pris 1,602]

okay thanks guys you have helped alot, i definately want to go the safest route so can we get married here and than file a k3 visa or do you need to get married abroad to do the k3 visa ?

Somebody with more knowledge about this will chime in, but I THINK you can get married anywhere. the k-3 just means that you want a spouse who lives abroad to immigrate. I don't think it matters where you got married. But again, I am not 100% sure.

[carvin317 0]

so an r1 visa can adjust ? can anyone else confirm that cause that is what i have heard as well i just don't want to screw it all up ?

[^KK^ 3]

so an r1 visa can adjust ? can anyone else confirm that cause that is what i have heard as well i just don't want to screw it all up ?

You should ask another lawyer if that would make you feel more comfortable. Your fiance didn't enter US to get married, right?

[carvin317 0]

well she would be technically entering the US to get married? so should we file her AOS and than get married ?