Las Vegas surprise proposal

[theron 0]

Hello!

During a recent visit, I proposed to my long-term girlfriend. She lives in the Bahamas and frequently travels to see me and spend time. We met through a dating site.

I am planning a trip for both of us to Las Vegas, and I am planning to surprise her with a proposal of marriage, and I am planning to marry that sweet. wonderful, sexy woman. I called the marriage bureau in Las Vegas, told the clerk my intent and explained she is from the Bahamas. No problem. She just needs to have her tourist visa on hand. Then I called the chapel in the hotel where we will stay, and they just need a couple hours notice to perform a marriage. All green lights.

While wondering what would happen AFTER we are married, I wound up writing emails to a couple of marriage lawyers, who wanted money upfront for "yes and no" questions. One lawyer emailed me a K-1 starter form thingy, which I filled out, but no processing will take place until I pay. I am not sure if that was even necessary because the K-1 sounds like a prerequisite for people without a visa to marry abroad.

I DO want to make sure her life doesn't become a disaster by accepting marriage now. We are both saving money for the wedding.

Each drive back to the airport gets more and more dreadful. The last 2 partings were with tears and the last one, we almost delayed. Not being able to clear vacations for Christmas is really hard on both of us, which I know some of you are enduring those blues as well.

Questions:

If she agrees to marry me in Vegas, can she stay permanently during the ensuing processes? Can she leave if she wanted to personally manage affairs back home or to work a little longer while waiting for .... AOS, EAD, and other abbreviations?

I know she is very independent and will not want to wait long for work. As their seem to be variables for some situations. If she accepts marriage in Vegas and we file necessary papers at home with a lawyer, like the AOS and EAD, will she be able to seek professional employment in a few months?

DO I have to start a K-1 process too? She has a tourist visa and can be anywhere she wants to be... I think.

What will the governing bodies be looking for, as far as such a marriage is concerned?

We miss each other more and more, but are trying to be practical... and I am thinking of saying, "screw practicality, screw the big wedding we are saving for, let's just elope!!! I want you!!!" Personally, I don't care what my relatives think... I can afford to take care of her ...if she will let me. I think she will as long as the employment goal is reasonable.

So, that is my story. Thanks for reading my post. I look forward to hearing from you.

Merry Christmas and Happy Holidays!!!

[theron 0]

P.S.

Both our families and friends know we want to marry each other, but we have not cemented a date.

I guess, in retrospect, I am concerned what the powers-that-be will consider as fraud.

[YuAndDan 153]

You have the understanding of K-1 a little off, K-1 is for marriage in the USA only you have the timing wrong, she needs to have the K-1 visa BEFORE you marry.

In your case you have 2 options, CR-1 visa, or K-3, visa. Essentially they are the same, You can marry here, but she would the return home and you file for the visa, then she travels to the USA to live with you after she gets either visa. K-3 tends to be the faster of the 2 visas.

The problem with your your proposal, is that she would be committing visa fraud using a visitors visa with the intent to immigrate. People do do it, but it is wrong. She is intending to marry and stay, not visit without the intent, visit for a for a few months then "Find" someone and decide to marry after having entered the country. It all comes down to whether or not she "Intended" to marry and stay when coming to the country in a visitors visa.

The best and safest way to avoid complicated questions at an AOS interview is to use one of the proper spousal visa types that have been provided by USCIS for this purpose, I would recommend K-3 visa, you can marry here, start the K-3 paperwork, she returns home before her visitors visa expires, then waits for the K-3 visa, You could visit her there, or she you during the wait. Then by the time she does get the K-3 visa she should have everything in order and then come to live with you permanently.

See the options here: http://www.visajourney.com/forums/index.ph...mp;page=compare

Edited December 24, 2006 by YuAndDan

[Killer_Clown_2009 0]

1. If she came to the US on a tourist visa WITHOUT intent to immigrate, then she would not be committing any sort of fraud whatsoever if she ends up marrying you and adjusting status from within the US.

2. If you marry and apply for adjustment of status based on that marriage, she will be unable to leave the US until she is issued her green card or an advance parole document (she can apply for this while pending green card).

3. She would probably get an EAD (work authorization) approximately 3 months after she applies for it. So she will have to wait to work.

4. Lots of people advise you to discuss this sort of situation with a lawyer (I'm sure someone will).

Here is the link to the Guide to adjust status when both spouses reside in the US:

http://www.visajourney.com/forums/index.ph...page=i130guide2

[nathmc31 0]

Hello!

During a recent visit, I proposed to my long-term girlfriend. She lives in the Bahamas and frequently travels to see me and spend time. We met through a dating site.

I am planning a trip for both of us to Las Vegas, and I am planning to surprise her with a proposal of marriage, and I am planning to marry that sweet. wonderful, sexy woman. I called the marriage bureau in Las Vegas, told the clerk my intent and explained she is from the Bahamas. No problem. She just needs to have her tourist visa on hand. Then I called the chapel in the hotel where we will stay, and they just need a couple hours notice to perform a marriage. All green lights.

While wondering what would happen AFTER we are married, I wound up writing emails to a couple of marriage lawyers, who wanted money upfront for "yes and no" questions. One lawyer emailed me a K-1 starter form thingy, which I filled out, but no processing will take place until I pay. I am not sure if that was even necessary because the K-1 sounds like a prerequisite for people without a visa to marry abroad.

I DO want to make sure her life doesn't become a disaster by accepting marriage now. We are both saving money for the wedding.

Each drive back to the airport gets more and more dreadful. The last 2 partings were with tears and the last one, we almost delayed. Not being able to clear vacations for Christmas is really hard on both of us, which I know some of you are enduring those blues as well.

Questions:

If she agrees to marry me in Vegas, can she stay permanently during the ensuing processes? Can she leave if she wanted to personally manage affairs back home or to work a little longer while waiting for .... AOS, EAD, and other abbreviations?

I know she is very independent and will not want to wait long for work. As their seem to be variables for some situations. If she accepts marriage in Vegas and we file necessary papers at home with a lawyer, like the AOS and EAD, will she be able to seek professional employment in a few months?

DO I have to start a K-1 process too? She has a tourist visa and can be anywhere she wants to be... I think.

What will the governing bodies be looking for, as far as such a marriage is concerned?

We miss each other more and more, but are trying to be practical... and I am thinking of saying, "screw practicality, screw the big wedding we are saving for, let's just elope!!! I want you!!!" Personally, I don't care what my relatives think... I can afford to take care of her ...if she will let me. I think she will as long as the employment goal is reasonable.

So, that is my story. Thanks for reading my post. I look forward to hearing from you.

Merry Christmas and Happy Holidays!!!

If she doesnt know that you are planning to marry her then she is entitled to stay and adjust her status.

The things that USCIS will look for is if she has ties remaining in her home country which show that she in fact did plan to return after her visit. That is a very important thing.

If she has no ties to her country ie: work, home ect.... then it will look like she intended to skip the visa process.

It is absoutley legal for her to stay after you SUPRISE her and get married. I would suprise her in the last month of her visit, not at the very begining because this would also look like it was set up.

Not many immigration attorneys will recommend doing this, but some will. The process is as easy as coming in on a K visa.

REMEMBER the main thing is that she DID NOT KNOW of the planned SUPRISE proposal and plans that you have made to marry her. Many people have done exactly what you are hoping to do, it is very legal. But again it must be a suprise to her.

Good luck

[theron 0]

Uh... both of those responses sound very contrasting.

[Killer_Clown_2009 0]

That's because it is a twisted piece of immigration legislation. Yes, you can marry in the US. Yes you can adjust status from a tourist visa and stay in the US afterwards. The issue comes in when there is "intent to immigrate". It would be considered fraud if one enters the US (on a tourist visa) with intent to marry and remain in the US. If someone enters the US without intent to stay, happens to get married and then stay and adjust status, then that isn't considered fraud. I'm sure it's abused. Anyway, do some reading around and try to find a lawyer for a consultation. If she is not yet in the US (earlier it sounded as if she was, but now upon rereading it doesn't sound like it), then you should probably file a K-1, because it sounds as if YOUR intent is for her to come on a tourist visa, get married and stay and that (in my mind) would be the same as her intending to stay (although maybe it isn't, so don't go on my gut feeling).

Another option: You can get married in the US. She can go home and you can follow one of the other routes provided for her to immigrate.

Edited December 24, 2006 by jane2005

[theron 0]

That's because it is a twisted piece of immigration legislation. Yes, you can marry in the US. Yes you can adjust status from a tourist visa and stay in the US afterwards. The issue comes in when there is "intent to immigrate". It would be considered fraud if one enters the US (on a tourist visa) with intent to marry and remain in the US. If someone enters the US without intent to stay, happens to get married and then stay and adjust status, then that isn't considered fraud. I'm sure it's abused. Anyway, do some reading around and try to find a lawyer for a consultation. If she is not yet in the US (earlier it sounded as if she was, but now upon rereading it doesn't sound like it), then you should probably file a K-1, because it sounds as if YOUR intent is for her to come on a tourist visa, get married and stay and that (in my mind) would be the same as her intending to stay.

Another option: You can get married in the US. She can go home and you can follow one of the other routes provided for her to immigrate.

As I stated, it is intended to be a surprise. While looking at the Vegas hotel websites, I saw a lot of them had lovely chapels. The one at Excalibur really took my imagination. I can just see us exploring the hotel and happening upon that chapel, and I ask her to marry me now.

It is not her intent to marry me in Vegas because she does not know about it yet. BUT she does intend to marry me someday in the near future... enchiladas are burning.... brb

She will have to sort out her affairs then, from here, it sounds.

[YuAndDan 153]

That's because it is a twisted piece of immigration legislation. Yes, you can marry in the US. Yes you can adjust status from a tourist visa and stay in the US afterwards. The issue comes in when there is "intent to immigrate". It would be considered fraud if one enters the US (on a tourist visa) with intent to marry and remain in the US. If someone enters the US without intent to stay, happens to get married and then stay and adjust status, then that isn't considered fraud. I'm sure it's abused. Anyway, do some reading around and try to find a lawyer for a consultation. If she is not yet in the US (earlier it sounded as if she was, but now upon rereading it doesn't sound like it), then you should probably file a K-1, because it sounds as if YOUR intent is for her to come on a tourist visa, get married and stay and that (in my mind) would be the same as her intending to stay.

Another option: You can get married in the US. She can go home and you can follow one of the other routes provided for her to immigrate.

Very well explained!

The visitors visa has been abused in this way many times, the interviewing officers conducting the AOS interviews know this and can ask questions worded in ways to determine if intent to immigrate was the original use if the visitors visa, and can deny the green card if they feel that visa fraud had been committed. Why take that risk.

[Dr_LHA 3]

The problem with your your proposal, is that she would be committing visa fraud using a visitors visa with the intent to immigrate.

She doesn't have intent to immigrate though, as she has no idea he's going to propose.

The simple question is, when she arrived in the country, did she intend to stay. The answer to that question is: No.

Edited December 24, 2006 by dr_lha

[nathmc31 0]

The problem with your your proposal, is that she would be committing visa fraud using a visitors visa with the intent to immigrate.

She doesn't have intent to immigrate though, as she has no idea he's going to propose.

The simple question is, when she arrived in the country, did she intend to stay. The answer to that question is: No.

I agree completely, she has no idea that she is going to get married. I think it will be a awsome suprise for her. Again, it is legal, the immigration officer can ask all the questions in the world, but the fact is that when she passed through the POE she intended to return to her home land.

Is this avenue abuse? Yes

Is it abused in this case? NO

Go for it.

Good luck

[Alex+R 0]

Agree that if she doesn't know, it's all good.

Some people hate when people use the tourist visa and get married because they didn't get to. So they think everyone else should go through K1 hell. Uh, no.

Also, t is my understanding that they rarely try to "get" people for visa fraud by using the tourist visa to get married when they have a valid relationship. Although it can happen and does. But if you don't tell her you're going to propose, you'll be doing nothing wrong.

[Mr and Mrs Bird 0]

Now I need to tell my story.

I went to USA two times for a visit. Third time Mike proposed to me in Las Vegas as a surprise.

I went back to my homeland with plans about searching for K-1 visa the legal way.

And everything was ok.

We started this proces, and in this meantime I would visit him again on my normal passport.

This fourth time went to be the most stupid thing that we did for our proces.

As a big surprise the officer at the POE asked me, ok when is the wedding.

Then I was stupid and naiv and told him as soon I will get my visa.

This here is only a visit.

And I was just honest that I thought I could be.

Worse was that I had just lost my job, just moved to my parents place, because I wanted to save up for our future instead of paying an expensive apartment.

And ofcause this officer saw me with intent to stay in USA.

He sended me back again for another 11 hours over the atlantic, and worse was that I did never see my fiance.

My I-129 was approved 1 year later in California. So actually it seems that they could forgive it.

I guess it's very importent that I did never overstay.

It is one and a half year ago we started and still not approved for a K-1 visa.

After the interview I had new complications.

But this I guess is for another topic.

With my little story I just want you to be very careful.

We wasn't prepared for all this since we back this time didn't now about anything.

I wish we knew this VJ for a long time ago

Good luck with your journey.

Sweetie

[Mr and Mrs Bird 0]

oh sorry

I forgot to say that ofcause you can propose to her.

But take care when she visit you again after this at the POE.

For me it ment that I can't go back before I have my visa.

Sweetie

[theron 0]

Now I need to tell my story.

I went to USA two times for a visit. Third time Mike proposed to me in Las Vegas as a surprise.

I went back to my homeland with plans about searching for K-1 visa the legal way.

And everything was ok.

We started this proces, and in this meantime I would visit him again on my normal passport.

This fourth time went to be the most stupid thing that we did for our proces.

As a big surprise the officer at the POE asked me, ok when is the wedding.

Then I was stupid and naiv and told him as soon I will get my visa.

This here is only a visit.

And I was just honest that I thought I could be.

Worse was that I had just lost my job, just moved to my parents place, because I wanted to save up for our future instead of paying an expensive apartment.

And ofcause this officer saw me with intent to stay in USA.

He sended me back again for another 11 hours over the atlantic, and worse was that I did never see my fiance.

My I-129 was approved 1 year later in California. So actually it seems that they could forgive it.

I guess it's very importent that I did never overstay.

It is one and a half year ago we started and still not approved for a K-1 visa.

After the interview I had new complications.

But this I guess is for another topic.

With my little story I just want you to be very careful.

We wasn't prepared for all this since we back this time didn't now about anything.

I wish we knew this VJ for a long time ago

Good luck with your journey.

Sweetie

Ouch.

And the thing is that these interviewers have families too. You'd think they would show a little heart.

What is POE?

Edited December 24, 2006 by theron