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Posted

If he is from the UK on a visitor visa, he probably doesn't actually have a visa, but visits on the Visa Waiver Program. Even if he did have a B2 visa, it is not good for staying in the US for 3 years. Each visit has a limit (90 days for VWP or 180 days for B2 usually), and then he reuses the visa when he leaves and come back.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

That means he is not on visa he is entering on VWP which means he can be legally in the country for 90 days, other option is he enters on tourist visa, which will have a validity period of upto 10 yrs does not mean he can stay in US for 10 yrs.

Which means during that time he can attempt to enter US and officer at POE would determine how long he can stay based on the purpose of the visit and attach an i-94 which will have a date on it until when he can stay.

Most tourist get max 180 days on their i-94 which is kinda standard.

Posted

However, he is not staying. He will return to the UK in one week. then, we will file for the K-3 visa...Does that make sense?

CR-1, not K-3.

If you're asking, can he get married in the US without a fiance visa, return to the UK after the week, and then apply for a spousal visa, the answer is a resounding YES.

Filed: Country: China
Timeline
Posted

ifyou marry on a tourist visa and he stays, thats fraud and he can get deported. youd have to check what laws apply here, itd be too bad to waste time and money

First off this is wrong. second it doesn't answer the question.

Yes you can get married while he is here. File the I-130 and when his stay is up he can return to the UK and occassionaly visit during the process.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Another silly question...can we get married before applying for a visa if he is on a travel visa?

yes, get married, leave usa, apply for spouse visa. Good Luck.

In Arizona its hot hot hot.

http://www.uscis.gov/dateCalculator.html

 
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