Best Type of Visa

[rosyanne 0]

I am in the initial stages of getting a girlfriend to the US. We met on line and she and I want to proceed. I have read a lot of info on the net, but I am confused by all the information. It seems that the K-1 visa is the Fiancée Visa. But I did read that the fastest way is to for my Fiancée to apply for a tourist visa and then apply for a change of status. I could go there to meet her as required, but the expense and time away from my job to go to the Philippines would make things tougher than necessary. Besides, if she came to the US, we could spend more time together to see if how things may work out. But I also read that if the intention is to come to the US on a tourist visa, with the intent to marry, the visa will be denied.

I hope someone can help me with this confusing process.

Thanks

Harris

If a visitor's visa in her country is not very difficult to grand, sure you can give a try. Get her here and get married with her then adjust her status.

Amount all the marriage visa, file from local embassy sure be the fastest way to go if you are living in her country.

[DaveandFleur 0]

K-1 Visa the fastest? Why should it take a full year?

[jsassman 1]

Coming to the U.S. with a tourist visa with the intention of marrying a US citizen, is visa fraud. If a person comes to the U.S. with a tourist visa, then meets and marries a U.S. citizen without any prior intent, that is a different matter.

It is not illegal, nor visa fraud to come to the US to marry on a tourist visa. The issue is only the immigrant intent.

You are wrong!

A firm named Siskind Susser Bland in Memphis, Tennessee, has the

following information on their website. Their specialty is U.S. immigration law.

The specific page on which the information is found: http://www.visalaw.com/00aug2/17aug200.html

"J.M. has questions about marriage to a US citizen. Her question seems to indicate that a US

consular official told her that she could come to the US on a tourist visa and get married and

then file for adjustment of status. While this is possible, it could be very dangerous. A tourist

visa is a nonimmigrant visa, which means that the person entering the US on it does not intend

to remain past their authorized stay. Coming to the US on a tourist visa with the intent to marry

a US citizen and remain here clearly violates this rule and would be considered visa fraud. The

safer way to proceed with marriage in this case would be to have the US fiancé file an

application for a fiancée visa and have the foreign national enter on that. The marriage must

occur within 90 days after entering, and then the US spouse can file the papers for the foreign

spouse’s classification as an immediate relative and for their adjustment of status."

[aussiewench 9]

Coming to the U.S. with a tourist visa with the intention of marrying a US citizen, is visa fraud. If a person comes to the U.S. with a tourist visa, then meets and marries a U.S. citizen without any prior intent, that is a different matter.

It is not illegal, nor visa fraud to come to the US to marry on a tourist visa. The issue is only the immigrant intent.

You are wrong!

A firm named Siskind Susser Bland in Memphis, Tennessee, has the

following information on their website. Their specialty is U.S. immigration law.

The specific page on which the information is found: http://www.visalaw.com/00aug2/17aug200.html

"J.M. has questions about marriage to a US citizen. Her question seems to indicate that a US

consular official told her that she could come to the US on a tourist visa and get married and

then file for adjustment of status. While this is possible, it could be very dangerous. A tourist

visa is a nonimmigrant visa, which means that the person entering the US on it does not intend

to remain past their authorized stay. Coming to the US on a tourist visa with the intent to marry

a US citizen and remain here clearly violates this rule and would be considered visa fraud. The

safer way to proceed with marriage in this case would be to have the US fiancé file an

application for a fiancée visa and have the foreign national enter on that. The marriage must

occur within 90 days after entering, and then the US spouse can file the papers for the foreign

spouse’s classification as an immediate relative and for their adjustment of status."

Not wrong at all. If you read my post I said it is not illegal to enter the US on a tourist visa etc to get married. I then said and have always said, the issue is when there is intent to immigrate. What you posted was concerning entering the US on a tourist visa, marrying and adjusting status. As I said, the issue is the intent to immigrate when one enters on a tourist visa or VWP. FACT. Getting married in the US is NOT ILLEGAL nor visa fraud.

Edited November 26, 2006 by aussiewench

[Caladan 19]

The problem isn't getting married. The problem is entering on a tourist visa while intending to stay.

It's all about the *immigrant intent.* if she wants to come here, get married, and stay, do the K-1. If she wants to come here on a tourist visa, get to know you and then go home while you two apply for a K-1 (and endure the separation), that's completely cool. If she wants to come here on a tourist visa, get to know you, get married, go home, and do one of the spousal options, that's fine, too.

(if, in hypothetical magical world, she was in the U.S. for other reasons, like school, met an American, and married, guess what, 'tisn't fraud, as the intent upon entering wasn't to stay. Plenty of grad school couples meet this way.)

The problem in the OPs case seems to be that there will be a strong presumption of immigrant intent.

[sophyie 0]

Thanks for all the info.

1) There is not intent to commit fraud. I was merely asking how to get my girl friend to the US to pursue the relationship. I can honestly say at this time I don't have intent to marry her as I have never met her face to face. I was hoping to get her here first as she needs to know if she is willing to live very far from her family forever. 2) I found a plane ticket to the Philippines to be around $1200. Which I can afford, but there is Hotel, meals and the dates. In addition, I would have to take about 2 weeks off work which may be difficult to do. I can do this but it seems it would be easier to have her here first.

It looks like I will have to go there first and then file the I 129f. I am no longer confused.

Thanks to all who provide this invaluable information.

Just remember that the K1 requires you to get married within 90 days of her entering the US. By the time filing you both should be very sure that you want to get married.

Good luck!

[GeorgiaOnMyMInd 0]

She will not get a tourist VISA. You need to do a K-1 or K-3. If you can't afford to go there at least once, you won't be able to afford the whole process.

Absolutely!

I am in the initial stages of getting a girlfriend to the US. We met on line and she and I want to proceed. I have read a lot of info on the net, but I am confused by all the information. It seems that the K-1 visa is the Fiancée Visa. But I did read that the fastest way is to for my Fiancée to apply for a tourist visa and then apply for a change of status. I could go there to meet her as required, but the expense and time away from my job to go to the Philippines would make things tougher than necessary. Besides, if she came to the US, we could spend more time together to see if how things may work out. But I also read that if the intention is to come to the US on a tourist visa, with the intent to marry, the visa will be denied.

I hope someone can help me with this confusing process.

Thanks

Harris

She will not get a tourist VISA. You need to do a K-1 or K-3. If you can't afford to go there at least once, you won't be able to afford the whole process.

Absolutely!