Ready to File- Tourist Visa or K1 Visa to mitigate waiting?

[Cohesion 0]

I returned to the U.S. this week from the summer with my fiance in India. We had a wedding ceremony but no legal marriage certificate- we plan to wed in America.

Like everyone else, we are dreading the long wait apart. I had an idea yesterday, and I want to look for any potential problems that might arise before we go for it:

He can come here on Tourist Visa, and then we apply for the K1 visa right away. When it is time for his interview he will go back to India. ...Is this sound?

Questions:

Would he easily get a tourist visa to visit me (his "girlfriend"? or "fiance")? How much should he disclose in his Tourist Visa interview?

Can we legally apply for the K1 visa while he is here on Tourist Visa?
If the K1 visa process takes 1 year (let's say) beginning to end, at "about" which month does he go for physical interview in his country?

[mariepear 12]

Hello!

I'm from the Czech Republic and my fiancé applied the I-129f petition for me while we were both in our home countries. I have a tourist visa and after he applied I went over to the US and spent 5 months with him over there. Our petition was approved while I was there and I returned home shortly after. Now I'm waiting here for my interview.

It's not a good idea to mention while applying for the Tourist visa that you want to get married- they could think you want to get married on a Tourist visa. Tell them you want to spend more time together (that's why you want the Tourist visa) and if you get married, you'll do it the legal way by getting the K1 visa.

When I was getting my Tourist visa they asked me if we potentionally wanted to get married and I said yes and even asked them what would be the best way to do it and they told me to get the K1 visa. Be honest but don't make it look like that's the purpose of getting the Tourist visa...

Sorry for this long writing :-).... I hope it helped a little.

[Cathi 5,616]

Anything that looks like a wedding or smells like a wedding IS a wedding in the eyes of the consulate, marriage certificate or not. There are many many couples here on visa journey who were denied for having non registered marriages in India.

Edited August 5, 2013 by mimolicious

[LmmL 46]

You're married, why don't you file for a spouse visa?

[CrazyRide 2]

Hello!

I'm from the Czech Republic and my fiancé applied the I-129f petition for me while we were both in our home countries. I have a tourist visa and after he applied I went over to the US and spent 5 months with him over there. Our petition was approved while I was there and I returned home shortly after. Now I'm waiting here for my interview.

It's not a good idea to mention while applying for the Tourist visa that you want to get married- they could think you want to get married on a Tourist visa. Tell them you want to spend more time together (that's why you want the Tourist visa) and if you get married, you'll do it the legal way by getting the K1 visa.

When I was getting my Tourist visa they asked me if we potentionally wanted to get married and I said yes and even asked them what would be the best way to do it and they told me to get the K1 visa. Be honest but don't make it look like that's the purpose of getting the Tourist visa...

Sorry for this long writing :-).... I hope it helped a little.

I know every consulate is different but how much supporting evidence did you bring to prove you would not stay in USA? Did you get you tourist visa before you were engaged?

[CrazyRide 2]

You're married, why don't you file for a spouse visa?

The CR-1 Visa would take longer but if your fiance get a tourist visa in the mean time that shouldn't matter, plus with the CR-1 once they enter the USA they are given a green card. And the CR-1 is cheaper by about $700.

VJ Guide: http://www.visajourney.com/content/compare

Edited August 6, 2013 by CrazyRide

[mariepear 12]

Yes, I got my tourist visa almost a year before we got engaged.

I know every consulate is different but how much supporting evidence did you bring to prove you would not stay in USA? Did you get you tourist visa before you were engaged?

Yes, I got my tourist visa almost a year before we got engaged.

And at that time I was still a student in Czech Republic...

Edited August 6, 2013 by mariepear

[LmmL 46]

The CR-1 Visa would take longer but if your fiance get a tourist visa in the mean time that shouldn't matter, plus with the CR-1 once they enter the USA they are given a green card. And the CR-1 is cheaper by about $700.

VJ Guide: http://www.visajourney.com/content/compare

I know that. But their case is they had a wedding ceremony back in India which means they are married. As we all know, the K1 is for those who are not married yet and want to get married in US. Tourist visa is for those who want to go to US for vacation. Those types of visa has different function...when we have already a tourist visa before got engaged/plan to get married we can continue with a K1 and that's a different case (Mariepear's case is acceptable by the embassy).. Edited August 6, 2013 by ButterflyAngelo

[CrazyRide 2]

The CR-1 Visa would take longer but if your fiance get a tourist visa in the mean time that shouldn't matter, plus with the CR-1 once they enter the USA they are given a green card. And the CR-1 is cheaper by about $700.

VJ Guide: http://www.visajourney.com/content/compare

I know that. But their case is they had a wedding ceremony back in India which means they are married. As we all know, the K1 is for those who are not married yet and want to get married in US. Tourist visa is for those who want to go to US for vacation. Those types of visa has different function...when we have already a tourist visa before got engaged/plan to get married we can continue with a K1 and that's a different case (Mariepear's case is acceptable by the embassy)..

Just expanding on what you were saying. So what kind of "proof" of marriage does someone need for the USCIS to recognize a foreign marriage in order to get the CR-1 visa? hiranmayii said there were no marriage certificates issued.

[LmmL 46]

Just expanding on what you were saying. So what kind of "proof" of marriage does someone need for the USCIS to recognize a foreign marriage in order to get the CR-1 visa? hiranmayii said there were no marriage certificates issued.

Well, i'm just saying that be honest isn't hurt at all but it depends on each couple. I don't have to answer your question cuz you know the answer and how to apply the answer to uscis.

[Pitaya 2,576]

~~Moved from K-1 Process to What Visa Do I Need Forum~~

[CrazyRide 2]

Just expanding on what you were saying. So what kind of "proof" of marriage does someone need for the USCIS to recognize a foreign marriage in order to get the CR-1 visa? hiranmayii said there were no marriage certificates issued.

Well, i'm just saying that be honest isn't hurt at all but it depends on each couple. I don't have to answer your question cuz you know the answer and how to apply the answer to uscis.

All due respect Butterfly, I think we are misunderstanding each other. I am not suggesting, nor I don't think hiranmayii want to be dishonest with anyone at immigrations or the USCIS, they just don't have any formal record to prove their marriage. My my question again, and no I don't know the answer that is why I am asking and im sure hiranmayii's does not know either, for you and all of vj.com is how can they prove their marriage if a CR-1 Visa, like you suggested, is the appropriate way to go?

[Cohesion 0]

I looked up Cr-1 visa, and it is for Spouses of U.S. citizens. According to travel.state.gov:

What Is a "Spouse"?

A legally-married husband or wife.

It looks like we will file for K1 Fiance Visa. We are not legally married. We have decided to forget about the Tourist Visa, as it might get denied anyway and we don't want to waste unnecessary time.

[Harsh_77 716]

If you had a marriage ceremony, you are married just you have not filed for marriage certificate.

If I was in your place I would ask your spouse in India to file for marriage certificate and see if he can get it might be difficult, I think it needs signature from both husband and wife.

If he can get marriage certificate file for CR1 it is much better choice and K1 and CR1 both take approx same time.

Other thing if you guys go for tourist visa, don't lie on any immigration form it will come and bite you later even if the tourist visa is rejected that would be ok but dont lie on the application.

Edited August 6, 2013 by Harsh_77

[Merrytooth 5,748]

Read these threads first before deciding which petition to file.

http://www.visajourney.com/forums/topic/120704-fiance-visa-denied-for-a-silly-reason/

http://www.visajourney.com/forums/topic/432876-k1k3ir1cr1/

http://www.visajourney.com/forums/topic/120698-k1-visa-rejected-at-chennai-consulate/

http://www.visajourney.com/forums/topic/432499-k1-filed-can-we-do-a-wedding-ceramony-and-not-register-it/