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She already has tourist Visa. What's next?

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How does it work if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

Thanks!

PS. I mistakenly posted this under the K1 forum and asked that thread to be deleted.


AOS, AP:

02-09-07 - Legally Married

02-20-07 - AOS and AP mailed to Chicago

02-27-07 - NOA1

03-15-07 - Biometrics done

03-19-07 - AP Approved (AP was expedited. Emergency Advance Parole done at the immigration office)

03-26-07 - AOS Interview on 5/17

Advance Parole Approved in under 30 days.

Just under 90 days from AOS filing to AOS interview. Not bad! :)

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First look at the options: http://www.visajourney.com/forums/index.ph...mp;page=compare

If you intend on marriage in other country the options are: K3, CR-1, or DCF.

There is no provision for the spouse to live in the USA while visa is being processed, if there was all VJrs would do it rather than wait out the time apart.

Some visit each other while waiting for the visa, but that is about the only thing that can be done.

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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195,

She might be allowed to visit, but she isn't allowed to take up residence in advance of having the necessary approvals. Convincing CBP that she's just coming in for a visit and will leave again, especially given that just visiting doesn't seem to by your intention, would be quite a feat.

Yodrak

How does it work if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

Thanks!

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what country is she from? There may be someone else here with personal experience from there.


divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Hi,

I had 5 years tourist visa before we got married. It did not have any impact during the process/interview (at least not that we are aware of) other than that I have visited the US before we got married & the tourist visa was cancelled when I received my CR-1 visa. I waited outside the US during the processing.

We choose CR-1 path visa because it suited our situation best. DCF without USC residence requirement was not an option when we started, but it is available now for Indonesia.

Good luck


I-130

Jun 28 2004 : Received at NSC

Oct 25 2004 : Transferred to CSC

Oct 29 2004 : Received at CSC

Nov 8 2004 : Received response from CSC that my file is being requested & review will be done

Nov 10 2004 : Email & online status Approved

Nov 15 2004 : NOA 2 in mail

Dec 16 2004 : NVC assigns case number

Dec 20 2004 : NVC sent DS 3032 to beneficiary, copy of DS 3032 & I-864 fee bill to petitioner

Jan 3 2005 : Petitioner received copy of DS 3032 and I-864 fee bill. Post-marked Dec 23rd.

Jan 11 2005 : Beneficiary received DS 3032 in Indonesia

Jan 31 2005 : Sent DS 3032 to NVC

Feb 8, 2005 : NVC received DS 3032

Feb 21, 2005 : IV fee generated

Feb 25, 2005 : Sent I-864 fee bill

Feb 28, 2005 : I-864 fee bill delivered to St Louis

Mar 3, 2005 : IV fee bill received

Mar 7, 2005 : Sent IV fee bill

Mar 9, 2005 : IV fee bill delivered to St Louis

Mar 28, 2005 : I-864 fee credited against case.

April 6, 2005 : Received I-864 package

April 7, 2005 : Immigrant Visa fee credited against case.

April 11, 2005 : DS 230 is generated

Aug 12, 2005 : I-864 & DS 230 received by NVC

Sep 14, 2005 : RFE on I-864

Nov 3, 2005 : Checklist response received at NVC

Nov 25, 2005 : Case completion

Dec 9, 2005 : Police Cert requested from the Netherlands

Jan 12 2006 : Interview success - Approved !!

Jan 19 2006 : Visa & brown envelope picked up

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what country is she from? There may be someone else here with personal experience from there.

She's from Brazil, where getting tourist visas is really, really difficult.

Edited by Mew

I only offer advice - not even legal. Just the plain and simple kind.

Timeline (incompleta)

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I had a 10-year tourist visa prior to meeting and marrying my husband.

The last time I tried to enter the US I was stopped at the POE and almost sent back home. Their excuse was that I had an I-130 approved and a driver´s license, so therefore I was trying to immigrate illegally. I had my passports confiscated, I was fingerprinted and fotographed. I went to pick them up at the immigration office in Phoenix a month later. They allowed me to stay for another 6 months, but I had to leave two months later because of a pre-planned trip abroad. I couldn´t even come back to the US to make a connection flight to Brazil. They told me that if I tried to enter the US again on a tourist visa I´d be deported and not allowed back into the country for 5 years. I´ve been here in Brazil for a bit over two months now waiting for my CR1.

BTW, I was travelling with my husband! I had been in and out of the US several times since we got married and never had problems.

PM me if you want. I can tell you what I think you should do.

Edited by alix

N-400 (based on 3-year marriage rule)
06/05/2014 Application Sent
06/06/2014 Application Received in Phoenix

06/09/2014 Priority Date

06/11/2014 Notice Date

06/12//2014 Check Cashed
06/12/2014 Received email/text receipt confirmation from Phoenix Lockbox

06/17/2014 Biometrics Letter mailed
06/20/2014 Biometrics Letter Received

06/24/2014 Biometrics Walk-in

06/26/2014 In line for Interview

07/03/2014 Original Biometrics Appointment

07/29/2014 Yellow Letter Received

09/05/2014 Interview letter Received

10/07/2014 Interview

10/17/2014 Received email/text that oath has been scheduled

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PM me if you want. I can tell you what I think you should do.

Dangerous advice, IMO.

You're certainly free to post your opinion on the board. If you're advocating something non-kosher, please refer to the TOS/Terms of Service and see if that doesn't cover your private msg communications as well.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Response:

If your fiancée already has a tourist visa she/he may be allowed to enter

the US under that visa, however, officially, she/he could be denied entry

under section 214(B) because the B2 tourist visa does not permit the alien

to have immigrant intent. Clearly, the alien in this case would be entering

the US on the B2 and not leave their spouse while waiting to get married or

while waiting for post marriage immigration papers to be processed. However,

is the alien traveled in alone and made no reference to their future marital

situation or even to having a fiancée) then they may be let into the US. To

be honest this is quite a complicated issue and really deserves better

explanation through a formal consultation so that all the angles can be

discussed in detail. The short answer is that aliens must not enter the US

on a visa designed for one purpose as an indirect route for another purpose.

For further information you can contact the law offices of Chris Ingram at

wwww.breakthroughusa.com.

How does it work if the person I want to marry already has a tourist Visa but we marry in her country? Would she be allowed to return to the US with me on her tourist Visa still during the waiting period? What are her options to get her some sort of residency status and still be allowed to live in the US during the processing time?

Also a big question: Is it better that she already has some sort of Visa or better that she does not? Or is it irrelivent?

Thanks!

PS. I mistakenly posted this under the K1 forum and asked that thread to be deleted.

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I suppose there are cases where this has been possible, but again strong ties to one's home country, regardless of the marriage to a USC would be the factor, in my opinion. If an alien with a tourist visa and a pending immigration case were married, for example, to a USC in the military and stationed in the alien's country....travel to the USA, incidentally, might not be viewed in the same way.


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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

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