Visa misconceptions

[BigBadWolf 3]

Hi everyone!

I’m a B1/B2 visa holder who has been in a long-distance relationship with a US citizen for 7 months, but mostly online. We’ve only had 6 weeks together because of our jobs. We’re not even talking about getting married yet, because we need to get to know each other better. However, during one of our daily skype chats, we came across the topic of fiancé/spouse visas. I was watching this video on youtube where a Philippine girl collected screen captures of her skyping with her American fiancé whom she has never seen in person. So I tell my boyfriend about it and here’s how our conversation turned out:

Him: I don’t know why she posts these things on youtube, why would she do that?

Me: The girl probably wants to have as many proofs of their relationship as possible for when she applies for the fiancée visa.

Him: But she doesn’t need that! If they want to get married, she just comes to the US on a tourist visa and they get married. If she wants to get a tourist visa, she needs to hide the fact that she has a boyfriend in the USA. Also, they can get married when he comes to visit her in the Philippines and then he’ll just bring her to the US with him as his wife and she won’t need to prove their relationship to anyone because they will be married!

Me: He can’t just bring her back with him if they get married outside the US, she needs a special visa for that, called a spouse visa, K-3.

Him: You’re wrong, I know many people who married their girlfriends/boyfriends abroad and simply travelled back together.

Me: On what visa type?

Him: I don’t know, just as spouses of US citizens.

Me: So they probably used B1/B2 visas and then applied for change of status. Do you know that it can backfire at them and especially their relatives if they want to get a visa too?

Him: Three years after they get married, the foreign spouse becomes a citizen and is therefore treated as one, and all of his/her relatives can easily get a visitor’s visa.

Well, long story short, I’m not sure I could change his mind on the subject, but somehow I think I’m right and he’s misguided. How can I prove him wrong?

[fantonledzepp 159]

You are right. He's wrong, big time. Refer him to VJ, have him familiarize himself with the topic.

[TBoneTX 43,340]

*** Thread moved from CR-1 Process forum to General Immigration Discussion -- topic involves protocols of visa processes. ***

[dwheels76 5,463]

Hi everyone!

I’m a B1/B2 visa holder who has been in a long-distance relationship with a US citizen for 7 months, but mostly online. We’ve only had 6 weeks together because of our jobs. We’re not even talking about getting married yet, because we need to get to know each other better. However, during one of our daily skype chats, we came across the topic of fiancé/spouse visas. I was watching this video on youtube where a Philippine girl collected screen captures of her skyping with her American fiancé whom she has never seen in person. So I tell my boyfriend about it and here’s how our conversation turned out:

Him: I don’t know why she posts these things on youtube, why would she do that?

Me: The girl probably wants to have as many proofs of their relationship as possible for when she applies for the fiancée visa.

Him: But she doesn’t need that! If they want to get married, she just comes to the US on a tourist visa and they get married. If she wants to get a tourist visa, she needs to hide the fact that she has a boyfriend in the USA. Also, they can get married when he comes to visit her in the Philippines and then he’ll just bring her to the US with him as his wife and she won’t need to prove their relationship to anyone because they will be married!

Me: He can’t just bring her back with him if they get married outside the US, she needs a special visa for that, called a spouse visa, K-3.

Him: You’re wrong, I know many people who married their girlfriends/boyfriends abroad and simply travelled back together.

Me: On what visa type?

Him: I don’t know, just as spouses of US citizens.

Me: So they probably used B1/B2 visas and then applied for change of status. Do you know that it can backfire at them and especially their relatives if they want to get a visa too?

Him: Three years after they get married, the foreign spouse becomes a citizen and is therefore treated as one, and all of his/her relatives can easily get a visitor’s visa.

Well, long story short, I’m not sure I could change his mind on the subject, but somehow I think I’m right and he’s misguided. How can I prove him wrong?

Oh to combat that you have to just show him evidence he is wrong.

I am sure everyone hear has someone who knows someones cousins, sisters dog who came here with no Visa and got a green card.

I know I was wrong to come back without my husband that all he had to do was get a ticket and travel with his US citizen wife.

And even though the youtube video may be nice for K1 you have had to meet within the last 2 years or have a waiver to not meet and state the reason that applies why you didn't meet.

Good luck

[Mike & Mila 5]

He is completely wrong.. He needs to become educated if he is wanting to have a serious relationship w you.

[BigBadWolf 3]

Thanks so much for your support people, because he sounded so confident I thought I was going crazy, he always has such good points! And by the way, there's another thing I became curious about after reading through all the threads here: can K1 be filed while the beneficiary is in the US as a visitor? Because it seems like most people file the petition while their loved one is abroad and then struggle to visit each other.

[dwheels76 5,463]

Thanks so much for your support people, because he sounded so confident I thought I was going crazy, he always has such good points! And by the way, there's another thing I became curious about after reading through all the threads here: can K1 be filed while the beneficiary is in the US as a visitor? Because it seems like most people file the petition while their loved one is abroad and then struggle to visit each other.

Sure you can be visiting all you want filing a K1. Just don't overstay and return to your country for interview.

[KayDeeCee 4,892]

Thanks so much for your support people, because he sounded so confident I thought I was going crazy, he always has such good points! And by the way, there's another thing I became curious about after reading through all the threads here: can K1 be filed while the beneficiary is in the US as a visitor? Because it seems like most people file the petition while their loved one is abroad and then struggle to visit each other.

Many people do not have the option of a tourist visa and visiting the USC in the US, at all, ever. Many countries make it very difficult or impossible to obtain a tourist visa. The USC must go to their country to visit or they can meet in another country that both are able to travel to. Some countries do not even need a tourist visa to visit the US. It depends on where the foreign fiance(e) lives.

All that being said, yes you can file the I-129F petition while the foreign fiance(e) is visiting. They just need to leave before they overstay. They will need to return home to apply for the K-1, have their medical and interview anyway. Visiting after the petition has been filed is not impossible and people do it all the time. There is a sticky thread on VJ all about that topic.