My fiancee says she needs to own Land before moving here

[kitkat1 5]

devilette and garya,

Not even then it wouldn't be fraud, of any kind.

Yodrak

If she really came here on a tourist VISA with intention to marry, that would be immigration fraud and she probably knows that.

Not unless they actually got married.

If they got married while on a tourist visa and she was NOT planning to return to her country and file a K3, they *could* be denied at AOS due to "misrepresentation in procuring a B-2 visa", meaning the IO *may* believe they attempted to skip the correct K1 visa process by doing it on a tourist visa. Some people adjust successfully this way, assuming they can prove it was not their intent.

[JenT 0]

Yes... and even on through the VWP... people have successfully entered, married, and returned when their 90 days were up to file for K3.

It's the AOS process that becomes the question afterwards... not the marriage itself.

[SirLancelot 1]

Yes... and even on through the VWP... people have successfully entered, married, and returned when their 90 days were up to file for K3.

It's the AOS process that becomes the question afterwards... not the marriage itself.

Ok, this scenario I can accept. I was imagining that the person on a tourist visa would just stay after getting married and doing AOS. I can buy marrying then going back to file a K3 in the home country.

[Kathryn41 3,205]

Interestingly, it is because individuals do travel to the US with the intent to marry and remain in the US that the Consulates insist upon an individual having strong ties to their home country. They are considered less likely to abandon material properties and financial ties than is someone who does not have the same commitments back home. Too many others have done what your friend's fiancee intends - visit on a tourist visa, get married, but have no intention of returning back home. That is fraudulent use of the visa and the reason why so many of us undergo such scrutiny obtaining K-1s and K-3s and other types of visas.

Have your friend visit her, decide if they do indeed wish to pursue a permanent relationship, then petition for her as a K-1 or marry her and petition for her as a k-3 or CR1.

Edited October 26, 2006 by Kathryn41

[a&o 4]

In high fraud countries (like my dear Ghana), even owning land and having financial ties to the home country won't get people a tourist visa.

This sounds very suspicious.

[rebelheart 0]

For asking to own a land and credit card or money for bank account??? I guess she is trying to apply for a tourist visa, as in the Philippines thats a requirement, but still having one doesn't mean you will be approved so fast for a tourist visa. They have all the rights to disapproved you, if they find it suspicious or fraud. Like her application for tourist visa will be verify with her background, what if she she doesn't have any background at work or even her family doesn't work? how she own a land and money. That's a big red flag for denied, and if she was denied for tourist visa, the land and money or credite are hers already, could he took it back asap? hmmm thats a long issue.

Your friend should need to visit the girl first in Malaysia, be with her, try to know her better, her life, her attitude, her background.. then if he serious... come back again and again for vacation if he could afford it. Atleast he is spending his money for his own self and wisely. If he comeback to US and thought that its really a good idea to still be with her and love her trully, then he could apply for K1 for having an intentions to marry her. But knowing her first, it is best for him to go to Malaysia and know her better in her own country.

goodluck

Edited October 27, 2006 by rebelheart

[Veiled Princess 1]

O I'm sorry I was unclear...It isn't going to be on an H1-B. She is going to be brought over on a traveler visa and then they are going to apply for a marriage visa. See he hasn't met her yet..They met online so he is trying to get her over here to meet her and get married. But before she can come over she says she needs land, a credit card etc. I think she is from malaysia...I'm not sure though I'll ask him. But does this ereally sound legit for a normal travel visa/marriage visa?

It would be much easier for him to go to her country to meet her and then file for the K-1 to bring her here to get married. It's very hard for citizens of "third world countries" to get tourist visas to the US.

Also, if he brings her here on a tourist visa with the intent of marrying her he could be found guilty of fraud

[no name 1]

devilette and garya,

Not even then it wouldn't be fraud, of any kind.

Yodrak

If she really came here on a tourist VISA with intention to marry, that would be immigration fraud and she probably knows that.

Not unless they actually got married.

If they got married while on a tourist visa and she was NOT planning to return to her country and file a K3, they *could* be denied at AOS due to "misrepresentation in procuring a B-2 visa", meaning the IO *may* believe they attempted to skip the correct K1 visa process by doing it on a tourist visa. Some people adjust successfully this way, assuming they can prove it was not their intent.

That's what I meant. But if they are already talking marriage, and she comes over & they get married, then stay here for AOS, isn't that fraud?

[maya62 7]

Before this guy spends his money on a RT ticket to Malaysia, perhaps he should ask this woman to tell him exactly why she feels she needs a credit card to get a visa. Perhaps she is somehow misinterpretting something she's read, or perhaps she's been given bad information by someone else (who should, in turn, be questioned as to the source of their information...), perhaps it is a language problem. If that becomes apparent, he could chalk it up to misunderstanding and proceed with traveling to Malaysia to meet her.

But otherwise, I'd be very suspicious that this is a scam and meeting her is not necessarily going to improve this situation (remember.... some guys think with the little head!). And we've all seen folks in here who have been scammed by their partners, even (especially?) after spending time with them.

So, a trip to Malaysia may be appropriate at some point, but imho, it is not the first step to be taken here. This faint scent of Eau de Scam needs to be eliminated first, carefully but dispassionately.

Just my $.02

Maya

[Yodrak 7]

kitkat,

This is the item that is the issue, and it was not part of your previous post that I challenged.

Marriage is not the issue, remaining in the country is the issue marriage or no marriage.

Yodrak

devilette and garya,

Not even then it wouldn't be fraud, of any kind.

Yodrak

If she really came here on a tourist VISA with intention to marry, that would be immigration fraud and she probably knows that.

Not unless they actually got married.

..... and she was NOT planning to return to her country ......

devilette,

But it's not what you wrote.

Yodrak

devilette and garya,

Not even then it wouldn't be fraud, of any kind.

Yodrak

If she really came here on a tourist VISA with intention to marry, that would be immigration fraud and she probably knows that.

Not unless they actually got married.

If they got married while on a tourist visa and she was NOT planning to return to her country and file a K3, they *could* be denied at AOS due to "misrepresentation in procuring a B-2 visa", meaning the IO *may* believe they attempted to skip the correct K1 visa process by doing it on a tourist visa. Some people adjust successfully this way, assuming they can prove it was not their intent.

That's what I meant. But if they are already talking marriage, and she comes over & they get married, then stay here for AOS, isn't that fraud?

[no name 1]

devilette,

But it's not what you wrote.

Yodrak

damn, are you good! I think before I type, remember?

[GREEN/TRAN 0]

she maybe unclear on visa issues as so many of us myself included.dosent sound to me like a scammerif she came to thew usa to meet him she would need those those thing i beleave ,but not if he goes there and then comes back and files a i-29 f petition and tell him to make sure save there chat s and emails and all forms of commuication for eveidence and take plenty of picture when he sthere

[kitkat1 5]

kitkat,

This is the item that is the issue, and it was not part of your previous post that I challenged.

Marriage is not the issue, remaining in the country is the issue marriage or no marriage.

Yodrak

Wasn't my post that you challenged (for once!) it was Devilette's. We ARE two different people but we DO think alike!

[Yodrak 7]

kitkat,

I challenged both of your posts - both presented marriage as the issue and made no mention of the real issue, which is staying as an immigrant having entered as a non-immigrant.

You wrote it, she confirmed it, you both missed the target.

Yodrak

kitkat,

This is the item that is the issue, and it was not part of your previous post that I challenged.

Marriage is not the issue, remaining in the country is the issue marriage or no marriage.

Yodrak

Wasn't my post that you challenged (for once!) it was Devilette's. We ARE two different people but we DO think alike!

[kitkat1 5]

made no mention of the real issue, which is staying as an immigrant having entered as a non-immigrant.

At least I didn't say that getting married while here on a tourist visa is 'immigration fraud'!!!

Can't spoon-feed them everything, after all, you don't!