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Filed: Country: Israel
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Posted

Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

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Posted
Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

If you propose after her arrival you are fine.

Posted

would be better to get the fiance visa...it takes 6-9 months process. And dont apply tourist visa when fiance visa is on going. :thumbs:

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Filed: Timeline
Posted
Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

Simple answer is no, if when she entered she had no intention to marry you, but while in the US you both decided to get married on the spare of the moment, then yes thats legal, but now considering you have posted the possibillity of marrying while she is with you. you can't really say it was'nt the intent on entry.

It's all about Intent, which is difficult toprove in reality, so itsup to you.

Filed: Timeline
Posted
Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

If you propose after her arrival you are fine.

Its not fine he has stated an intent just by posting the questiom.

Filed: Timeline
Posted
Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

If you propose after her arrival you are fine.

Its not fine he has stated an intent just by posting the questiom.

He is not the person entering with intent. If he proposes once she is in country, there is no intent on her part.

Filed: AOS (apr) Country: Israel
Timeline
Posted

Where are you filing from?

Will the documents go to California or Vermont?

i think the fiance visa is way faster than anything else and then adjusting her status here while she's on the tourist visa might be somewhat difficult or maybe more expensive?

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01/27/10 - Touch

04/29/10 - Approved

reminder for myself: apply for citizenship in november 2010

Filed: Other Country: China
Timeline
Posted
Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

There are pros and cons any way you go. Big surprise, huh? It is pretty difficult for the USCIS to prove visa fraud if you decide to get married when she is here on a tourist visa but you would have to both lie and support that lie during the adjustment of status process. Honesty is a better policy.

If she has a valid visitor visa obtained before you file for a K1, and uses it to visit you for part of the visa process time, I think you are good, provided she doesn't overstay the visa. It's better than being separated the whole time. Sure, the adjudicator would see in her passport that she came to the USA during the process but also would see that she didn't overstay and did return to her home country.

On the other hand if it is your intention to marry sooner than the visa process can be completed, you would want to marry in Israel and file for a spouse visa. It really depends on your own priorities.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Citizen (apr) Country: China
Timeline
Posted
Hello everyone!

The situation is as follows:

I am the US citizen. My girlfriend (soon to be wife) is in Israel. She has a tourist visa, and she's been over here a few times within the last year.

The big question is:

Would she be able to come over here for the 3rd time within the next few months using her tourist visa to get married and to stay here without going back to wait for the spousal Visa?

Or would it be better for us to work on getting the fiance visa? Or is there a different option altogether that I've missed.

I am really new to this and just starting to look at our options.

ANY help would be greatly appreciated! Thanks in advance!

If you propose after her arrival you are fine.

Its not fine he has stated an intent just by posting the questiom.

He is not the person entering with intent. If he proposes once she is in country, there is no intent on her part.

This question comes up many times. If it were an acceptable practice, then why does the State Department have Marriage Visa types (K-1, K-3, and CR-1)?

Do it correctly, K-1 is fairly quick to process through your consulate. The only acceptable way to use a visitors is to visit, marry then return home and file for CR-1 or K-3 visa, not remain in the USA, that is what the K-1 is for.

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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
This question comes up many times. If it were an acceptable practice, then why does the State Department have Marriage Visa types (K-1, K-3, and CR-1)?

Do it correctly, K-1 is fairly quick to process through your consulate. The only acceptable way to use a visitors is to visit, marry then return home and file for CR-1 or K-3 visa, not remain in the USA, that is what the K-1 is for.

That question draws an oversimplified conclusion from a set of facts. It ignores a whole bunch of history and circumstance as well.

And - for #######'s sake - ASKING A QUESTION DOES NOT EQUAL INTENT. It equals someone asking a question. That's all.

K1 and K3 are nonimmigrant visas, just like B visas. It's the adjustment of status that makes you legal in the U.S.

I have yet to see an actual immigration attorney comment on this site - and even if one did, in this area of law, perhaps more than most, all questions are SO heavily fact driven that making generalizations about what IS or IS NOT illegal is foolish.

If the OP understands that there may or may not be a problem with the burden of proof at his gal's adjustment interview, then he's got the information he needs to make an informed decision.

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Filed: Country: Israel
Timeline
Posted
Where are you filing from?

Will the documents go to California or Vermont?

i think the fiance visa is way faster than anything else and then adjusting her status here while she's on the tourist visa might be somewhat difficult or maybe more expensive?

First of all, great thanks to each and every one of you for the BLAZING response :)

I am in WI so I believe I would go through Vermont.

Would it really take 6-9 months for her to get the fiance visa? I thought I read 3-4 months somewhere around here.

Filed: AOS (apr) Country: Israel
Timeline
Posted
Where are you filing from?

Will the documents go to California or Vermont?

i think the fiance visa is way faster than anything else and then adjusting her status here while she's on the tourist visa might be somewhat difficult or maybe more expensive?

First of all, great thanks to each and every one of you for the BLAZING response :)

I am in WI so I believe I would go through Vermont.

Would it really take 6-9 months for her to get the fiance visa? I thought I read 3-4 months somewhere around here.

I pray to god that it'll take about 3-4 months but on the Tel Aviv site it says " due to the short staff applicants will get a significant delays with their visas"

I just hope that they have it down there to cover their butt and in reality they work faster than the sites states. Will she go from Tel Aviv or Jerusalem embassy?

12/14/09 - I-751 mailed

12/23/09 - Check cashed

12/28/09 - NOA1 (dated 12/21/09)

01/03/10 - I-797 NOA received for biometrics appt

01/26/10 - Biometrics appt.

01/27/10 - Touch

04/29/10 - Approved

reminder for myself: apply for citizenship in november 2010

Filed: AOS (apr) Country: Peru
Timeline
Posted

:thumbs::thumbs::thumbs:

This question comes up many times. If it were an acceptable practice, then why does the State Department have Marriage Visa types (K-1, K-3, and CR-1)?

Do it correctly, K-1 is fairly quick to process through your consulate. The only acceptable way to use a visitors is to visit, marry then return home and file for CR-1 or K-3 visa, not remain in the USA, that is what the K-1 is for.

That question draws an oversimplified conclusion from a set of facts. It ignores a whole bunch of history and circumstance as well.

And - for #######'s sake - ASKING A QUESTION DOES NOT EQUAL INTENT. It equals someone asking a question. That's all.

K1 and K3 are nonimmigrant visas, just like B visas. It's the adjustment of status that makes you legal in the U.S.

I have yet to see an actual immigration attorney comment on this site - and even if one did, in this area of law, perhaps more than most, all questions are SO heavily fact driven that making generalizations about what IS or IS NOT illegal is foolish.

If the OP understands that there may or may not be a problem with the burden of proof at his gal's adjustment interview, then he's got the information he needs to make an informed decision.

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Filed: Country: Israel
Timeline
Posted
Where are you filing from?

Will the documents go to California or Vermont?

i think the fiance visa is way faster than anything else and then adjusting her status here while she's on the tourist visa might be somewhat difficult or maybe more expensive?

First of all, great thanks to each and every one of you for the BLAZING response :)

I am in WI so I believe I would go through Vermont.

Would it really take 6-9 months for her to get the fiance visa? I thought I read 3-4 months somewhere around here.

I pray to god that it'll take about 3-4 months but on the Tel Aviv site it says " due to the short staff applicants will get a significant delays with their visas"

I just hope that they have it down there to cover their butt and in reality they work faster than the sites states. Will she go from Tel Aviv or Jerusalem embassy?

Tel Aviv, thanks :)

 
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