Marrage on Tourist Visa, while processing K1?

[Rorensu 0]

Hello,

Me and my fiance' ar ein the process of obtaining a K1 Visa; i have read several posts stating overstays are forgiven if You get married to a USC?

My question is could we get married under tourist visa, and then File a AOS? Or the K1 visa pending will get her banned from the US?

The reason why I ask... She is starting to get some heat from her parents about of world of issues that im not going to get into, but she is coming to visit me for 3 months this coming June..

What would happen if we did get married during that time? Is this really a bad thing?

Thanks for your help.

[kitkat1 5]

Hello,

Me and my fiance' ar ein the process of obtaining a K1 Visa; i have read several posts stating overstays are forgiven if You get married to a USC?

My question is could we get married under tourist visa, and then File a AOS? Or the K1 visa pending will get her banned from the US?

The reason why I ask... She is starting to get some heat from her parents about of world of issues that im not going to get into, but she is coming to visit me for 3 months this coming June..

What would happen if we did get married during that time? Is this really a bad thing?

Thanks for your help.

If your K1 is currently in process, it's more than obvious that you have the intent to marry. The defining issue when marrying on a tourist visa is whether or not the person entering has the intention to marry when they enter. If they did, it's visa fraud (unless they return home after the marriage and file for a spousal visa). Therefore, if you marry when she enters on a tourist visa, how will you prove to the interviewing officer at your AOS interview that she did NOT have intent? It would be impossible because you have a K1 in process and her intention to marry you has been established (remember that "letter of intent" that you sent with the I-129F application?) And she would not be approved at AOS. Worse case scenario, she would be deported.

It's fine for her to visit you, as long as she brings proof of ties to her home country. But at the end of her authorized stay, she has to leave. She would have to leave anyway to attend her K1 interview.

Overstay and marriage is something completely different. That's one someone overstays a tourist/work/other visa type but marries a US Citizen and adjusts their status without leaving the US. In these cases, USCIS forgives the overstay. This is not related to your situation.

[GrenadianCrix 2]

I see that you have a pending RFE? does this have anything to do with your thoughts on marrying on a tourist visa?

Without knowing the rest of the story, it sounds like there may be significant issues in obtaining a tourist visa for her, or for her executing one she may already have. (meaning they may turn her away from the Port of Entry).

Like i said, I don't know the nature of the RFE, but it is often the case that petitions are approved within a month of a successfully handled RFE, then the petition is forwarded to NVC and then the embassy. I don't know what the wait times are in Japan, but perhaps the three month visit (if successful) will bring you very close to her interview date. This means there will be a relatively short amount of time she needs to be with her parents during the waiting period.

Take all of this in only after you read what KitKat said. First and foremost, you need to make your decisions on how you want to proceed. My strong suggestion is that you do this legally at every step. The process is complicated enough without making it muddled up with extra issues.

Sue

[Dan J 277]

If she was already here and then you decided to get married, you could and file for AOS. But she cannot enter on a tourist visa, get married and file for AOS as that would be fraud. You can only do that on a K-1 or other immigrant visa. If you did go ahead with it, she would likely be deported and may be banned from the US.

Edited May 21, 2007 by Dan + Gemvita

[kitkat1 5]

If she was already here and then you decided to get married, you could and file for AOS. But she cannot enter on a tourist visa, get married and file for AOS as that would be fraud. You can only do that on a K-1 or other immigrant visa. If you did go ahead with it, she would likely be deported and may be banned from the US.

Just to clarify, it's perfectly legal to enter the US on a tourist visa and get married. The two important details are:

1) It's OK to enter on a tourist visa, get married and then return home and file the spousal visa paperwork.

2) It's OK to enter on a tourist visa WITHOUT the intent to get married, later decide to marry, stay in the US and adjust status.

In this case, the intention to marry is already 100% clear because an I-129F petition for a fiance visa has already been filed. There is no getting around that. The only other option would be to marry in the US when she is visiting, and after she returns home file the spousal visa paperwork. Given that by that time you would be close to your interview date, and by filing for a spousal visa you would be starting over again with fees and paperwork, it wouldn't make much sense.

[no name 1]

In this case, the intention to marry is already 100% clear because an I-129F petition for a fiance visa has already been filed. There is no getting around that.

[Rorensu 0]

Thank you all for your responses; I didnt put much thought into doing this, but just wanted to know if there was any other options.

I dont think there will be any complications with obtaining the K1 visa the correct way..

I have my answer very clear.

Thanks for all the responses.