My girlfriend will visiting her family in the u.s on a travel visa

[tuan1972 0]

My girl is visiting her sister in the u.s. she have been here once before and will be returning again. We plan to marry when she gets here and start a family. If we marry when she gets here , what are legalities ? Will she be able to stay here after we are married?

Btw I'm a U.S citizen and she is a Vietnamese national

Thanks

[YuAndDan 153]

You are discussing using a visitor's visa which is NOT for immigrations with the INTENT to immigrate, this is Visa Fraud. There is a visa type that is intended for this purpose, it is called a K-1. OR you could marry, and then apply for a CR-1 spouse visa, and not overstay the visitor's visa, and return home to interview for the spouse visa.

The legalities, if you attempt to adjust status from a visitor's visa, and the interviewing officer decides that the intent upon entry was to immigrate, and decides that visa fraud had been committed, can always decide to deny the adjustment, and place into deportation proceedings.

[tuan1972 0]

Thanks for the quick reply. Her original intent was to visit her family. I was hoping to use this opportunity to marry her. We are not trying to visa fraud as her original intent is to visit her sister which she has done before. We are truly in love and looking to start a family. I have visited her 3 times in Vietnam and decided we would eventually marry.

if this route is not prudent I will return ro Vietnam and marry her there and start the paperwork when I return to the US

[YuAndDan 153]

Thanks for the quick reply. Her original intent was to visit her family. I was hoping to use this opportunity to marry her. We are not trying to visa fraud as her original intent is to visit her sister which she has done before. We are truly in love and looking to start a family. I have visited her 3 times in Vietnam and decided we would eventually marry.

if this route is not prudent I will return ro Vietnam and marry her there and start the paperwork when I return to the US

Many have done the marry and adjust status thing from a visit-visa and have no problems, however it can also got the other way and fail.

I tend to be paranoid, and do the correct thing and apply for a Fiancee or spouse immigrant visa.

The intent thing is much less a problem in cases like Student or Work visas, in this case the clear intent is Work or Schooling and have solid evidence showing this intent.

[Deputy Purple 1,294]

Her original intent was to visit her family. I was hoping to use this opportunity to marry her. We are not trying to visa fraud as her original intent is to visit her sister which she has done before. We are truly in love and looking to start a family. I have visited her 3 times in Vietnam and decided we would eventually marry.

But if your intentions changed before she enters then you are planning immigration fraud because there in immigrant intent at POE.

Honestly unless CBP is suspicious at POE and pulls her into secondary for further questioning, they find she's carrying documents needed for AOS and get her on record as stating that she isn't planning to AOS despite them having proof of possible intent or they ask if she has a USC boyfriend/spouse and says no on the record then chances are like 99.5% that you won't have any issue with AOS.

On the other hand if anything goes wrong with the AOS (for example like I listed above) then just how bad could it go? Well the worst case scenario is that she is charged with Material Misrepresentation and gets a lifetime ban which would require you to prove extreme hardship on your part (not hers) for her to ever get a Visa to enter the US.

The choice is yours, is it worth the risk?

[tuan1972 0]

Thanks again for the response. I too tend to side with caution. We will be married in any event. I'm just trying determine the best course of action .i was hoping to take advantage of this opportunity to speedy our reunion and make it permanent.

Your advise is truly valued and respected.

Again we not trying to defraud the visa in any way, as she had already applied for the visa to visit her sister before we decided that we would marry.

We are just trying to make this process the best possible way without any problems.

also should I file the I-130 after we marry in her country if we decide to go for the k1?

[tuan1972 0]

Poe is point of entry

What is aos ?

[YuAndDan 153]

Thanks again for the response. I too tend to side with caution. We will be married in any event. I'm just trying determine the best course of action .i was hoping to take advantage of this opportunity to speedy our reunion and make it permanent.

Your advise is truly valued and respected.

Again we not trying to defraud the visa in any way, as she had already applied for the visa to visit her sister before we decided that we would marry.

We are just trying to make this process the best possible way without any problems.

also should I file the I-130 after we marry in her country if we decide to go for the k1?

If marry over there, you will not be doing K-1.. You would file an I-130 for a CR-1 spouse visa.

Poe is point of entry

What is aos ?

VJ, term for Adjustment Of Status, (Adjusting from a NON-Immigrant to Immigrant) done in the USA when married on a K-1, Visitors, Student, or Work visa. Process results ins a Green-card. (Spouse CR-1 visa this is not a requirement, they are Immigrant upon arrival)

[JimVaPhuong 4,863]

Here is your quandary...

She is coming to visit her sister. She also intends to marry while she's in the US. She must be honest with the CBP officer when she's questioned at the immigration counter when she arrives in the US. If she lies about her intent, and that lie is later discovered, then she could be banned forever from returning to the US. Her intent when she enters is a material fact that the CBP officer must use when determining whether she should be admitted to the US. Lying about any material fact is "material misrepresentation", which carries a lifetime ban.

If she's honest, which she should be, and she admits she's going to get married while she's in the US, then the chances of her being denied entry will skyrocket. The perceived risk of her misusing her non-immigrant visa would be huge.

On the other hand, I'm not going to sugarcoat the truth and tell you that it will be a cakewalk if you instead decide to go with the fiancee or spousal visa. The US consulate in Saigon can be brutal. It's one of the most difficult consulates in the world to get a fiancee or spousal visa from. The amount of visa fraud that goes on in Vietnam is huge, and everyone with a sincere relationship has to pay the price for this.

She can improve her chances of success getting a visa if she comes to the US and does NOT marry you. You can then either file for the fiancee visa, or go to Vietnam and marry her there. The fact that she could have married and attempted to adjust status while she was in the US, but instead followed the proper legal route to immigrate, will be a bonus at the interview. I also strongly recommend that you take your time in developing the relationship according to Vietnamese traditions and customs. The consulate is really big on this. Whether you decide to go for the spousal visa or fiancee visa, you should have a proper Dam Hoi in Vietnam, followed by a big party with lots of family and friends. Failure to do this is often cited as a reason for denying a visa at the consulate.