She already has tourist Visa. What's next?

[195 1]

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.

[YuAndDan 153]

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 October 10, 2006 by YuAndDan

[Yodrak 7]

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!

[Reba 2]

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

[tom&tata 2]

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

[Mew 0]

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 October 11, 2006 by Mew

[alix 20]

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 October 11, 2006 by alix

[meauxna 15]

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.

[Jacquie@BTUSA 0]

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.

[diadromous mermaid 36]

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.