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Filed: Other Country: Egypt
Timeline
Posted

My fiance has a tourist visa for 5 years. She visits me in the states and I visit her overseas. We will eventually get married one day when she is in the United states. I read the following on the USCIS web site:

What if my fiancé(e) uses a different kind of visa, or enters

as a visitor without visa, to come here so we can marry?

There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.

My question is how can I prove to the USCIS office that we did not intentionally get married? How can I prove to them that she came to the US to visit me then we decided to get married?

Thank you for your help.

Filed: K-1 Visa Country: Egypt
Timeline
Posted

My fiance has a tourist visa for 5 years. She visits me in the states and I visit her overseas. We will eventually get married one day when she is in the United states. I read the following on the USCIS web site:

What if my fiancé(e) uses a different kind of visa, or enters

as a visitor without visa, to come here so we can marry?

There could be serious problems for your fiancé(e) if he or she enters the United States on another visa with the intention of marrying and residing here. Attempting to obtain a visa or entering the United States by saying one thing when you intend another may be considered immigration fraud, for which there are serious penalties. Those penalties include restricting a person’s ability to obtain immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to 5 years.

My question is how can I prove to the USCIS office that we did not intentionally get married? How can I prove to them that she came to the US to visit me then we decided to get married?

Thank you for your help.

Some folks have attempted this to no success. If I were you, I'd call a lawyer and ask what the SAFEST thing to do is. Afterall, you want to be married and have your spouse with you, right?

Don't ever do anything you're not willing to explain the paramedics.

Posted

If your fiance travels back and forth that's fine, but for the ONE trip where you plan to marry, you need the K1 visa. I suppose you can still make tourist trips until K1 processes, I'd ask USCIS about that. You want to be as up front as possible.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

Filed: Country:
Timeline
Posted
My question is how can I prove to the USCIS office that we did not intentionally get married? How can I prove to them that she came to the US to visit me then we decided to get married?

Your question is worded in a way that kind of makes it sound like you plan to have the alien SO enter on a tourist visa and then "on a whim" decide to get married and Adjust Status. That is exactly the kind of planning that is illegal.

If you already know you're going to get married then don't hesitate to start the K-1 process.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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