Does Divorce need to be final before applying? + other question

[dreamscometrue 0]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

[YuAndDan 153]

YES, you need to be free to marry, USCIS will reject the petition.

SEE same question asked yesterday:

http://www.visajourney.com/forums/index.ph...c=70901&hl=

[~Nini~ 2]

If your fiance uses a tourist visa with the intent to marry you and stay in the country, that would be considered visa fraud.

[Aymerlu 3]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right? Since he has the intention of marrying you on the tourist visa it would be considered visa fraud.

Edited June 2, 2007 by Aymerlu

[Dan J 277]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

1. Yes, your divorce will need to be final.

2. You can do that, but it would be considered visa fraud. AOS could be denied and your spouse will likely be deported and/or banned from the US. Thats why there are K-1, K-3 and CR-1/IR-1 visas.

3. Fees are being increased starting July 30th. The total cost will probably be in the $3000 range by the time your fiancee applies for citizenship. But you dont have to pay all the fees at once. And citzienship is optional.

4. The time it takes depends on which service center and which and country you are applying for a visa for. Look at the timelines to get an idea.

[DakotaK1 1]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

Yes as the others said you have to be free to marry before filing the (K1 Visa) or else you will get rejected.

No he cant come and stay with you and just marry and stay for good,you guys might want to file K1 Visa.

Read the guides here on VJ and you guys can look into K1 K3 etc.

Fees are being increased starting July 30th. The total cost will probably be in the $3000 range by the time your fiancee applies for citizenship. But you dont have to pay all the fees at once. And citzienship is optional.

Yep the fees are going to be higher starting from 30 July 2007 : http://www.uscis.gov/files/nativedocuments...edule052907.pdf

[dreamscometrue 0]

I didn't mean "final," I meant does the waiting period need to be completed first before I apply (6 months in my state, and over in August)? What is an easy solution? $3000 sounds like so much money! And I am a lot older than he is, I am trying not to be discouraged but long distance is so hard. I would never, ever do this again, EVER. What about both of us going to live in Mexico when he comes here on a tourist visa? Or Canada? Thanks for your answers.

[pushbrk 12,182]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

Any divorces must be final before you file a petition. "Applying" for a visa is something you do later, after the petition is approved.

A "fiance" can enter on a tourist visa, marry and "stay" as long as the visa allows, but must return to their home country for a visa interview (K3 or CR1). Once the visa is issued, they may come to the USA and obtain permanent resident status.

A "fiance" by definition, cannot legally marry and stay in the USA and adjust status after coming to the USA on a tourist visa. Only when the decision to marry occurs after entry can a (now) spouse who entered without intention to marry, can the "spouse" stay and adjust status.

Please use the "Guides" link at the top of the page and then come back with any questions after your study.

Edited June 5, 2007 by pushbrk

[Magnolia31 0]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

So he wants to come to the USA and marry you on a tourist visa even though his divorce is not final? And no, just because you get married does not mean he can automatically stay. he will still have to file for a GC. My friend came to Texas on a tourist visa, got married, tried to apply for aGC, and got deported back to Germany. Doing it this way is risky.

The fiancee visa is not hard to do. There are alot of steps you have to complete and it can seem overwhelming - believe me, I cried a few times out of frustration when reading all the stuff i needed to do .... but it is not hard. i think it took me like 9 months or so to get my fiance visa.

[LonnieNCarmie 0]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

So he wants to come to the USA and marry you on a tourist visa even though his divorce is not final? And no, just because you get married does not mean he can automatically stay. he will still have to file for a GC. My friend came to Texas on a tourist visa, got married, tried to apply for aGC, and got deported back to Germany. Doing it this way is risky.

The fiancee visa is not hard to do. There are alot of steps you have to complete and it can seem overwhelming - believe me, I cried a few times out of frustration when reading all the stuff i needed to do .... but it is not hard. i think it took me like 9 months or so to get my fiance visa.

Edited June 6, 2007 by LNC

[LonnieNCarmie 0]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

So he wants to come to the USA and marry you on a tourist visa even though his divorce is not final? And no, just because you get married does not mean he can automatically stay. he will still have to file for a GC. My friend came to Texas on a tourist visa, got married, tried to apply for aGC, and got deported back to Germany. Doing it this way is risky.

The fiancee visa is not hard to do. There are alot of steps you have to complete and it can seem overwhelming - believe me, I cried a few times out of frustration when reading all the stuff i needed to do .... but it is not hard. i think it took me like 9 months or so to get my fiance visa.

Yes you have to wait the full waiting period in your state to remarry a NISI from the court is not enough. After the waiting period is over go to the court and get A Certificate of Absolute divorce and add that the the Fiancee visa K1 packet you will also send along with any other prior divorce decrees or Divorce Absolutes from prior marriages. Don't give into the pressure do this the right way by the book. Its a tough process but dont let him risk a permanant ban from the US.

[Dwarf_Ogress 0]

You can't put a price on being with your love!

[dreamscometrue 0]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

Yes as the others said you have to be free to marry before filing the (K1 Visa) or else you will get rejected.

No he cant come and stay with you and just marry and stay for good,you guys might want to file K1 Visa.

Read the guides here on VJ and you guys can look into K1 K3 etc.

Fees are being increased starting July 30th. The total cost will probably be in the $3000 range by the time your fiancee applies for citizenship. But you dont have to pay all the fees at once. And citzienship is optional.

Yep the fees are going to be higher starting from 30 July 2007 : http://www.uscis.gov/files/nativedocuments...edule052907.pdf

I was divorced in Feb and the waiting period to remarry is in August. Do I have to wait until August to start the filing? That was my question.

[Dan J 277]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

Yes as the others said you have to be free to marry before filing the (K1 Visa) or else you will get rejected.

No he cant come and stay with you and just marry and stay for good,you guys might want to file K1 Visa.

Read the guides here on VJ and you guys can look into K1 K3 etc.

Fees are being increased starting July 30th. The total cost will probably be in the $3000 range by the time your fiancee applies for citizenship. But you dont have to pay all the fees at once. And citzienship is optional.

Yep the fees are going to be higher starting from 30 July 2007 : http://www.uscis.gov/files/nativedocuments...edule052907.pdf

I was divorced in Feb and the waiting period to remarry is in August. Do I have to wait until August to start the filing? That was my question.

If you marry in your state, yes. But you can get married elsewhere and not be subject to the waiting period. Marriage laws do vary and not all states have a waiting period.

[Bobbie 1]

Does the divorce have to be final before you apply?

My fiancee said that if he comes to usa on tourist visa and marries me, he can stay? Is that right?

I read some depressing stuff on a petition, but it seemed to apply more to getting the spouse to usa, is this fiancee visa jsut as bad or is it pretty easy? How much money total does it cost if you do it yourself? And is it 4-6 months or so?

Yes as the others said you have to be free to marry before filing the (K1 Visa) or else you will get rejected.

No he cant come and stay with you and just marry and stay for good,you guys might want to file K1 Visa.

Read the guides here on VJ and you guys can look into K1 K3 etc.

Fees are being increased starting July 30th. The total cost will probably be in the $3000 range by the time your fiancee applies for citizenship. But you dont have to pay all the fees at once. And citzienship is optional.

Yep the fees are going to be higher starting from 30 July 2007 : http://www.uscis.gov/files/nativedocuments...edule052907.pdf

I was divorced in Feb and the waiting period to remarry is in August. Do I have to wait until August to start the filing? That was my question.

The guides say, YOU must be free to marry. YOU will be free to marry in August, per your state. You must wait until August.

why does your flag have Morocco? Is he Mexican or Moroccoaian? LOL like that, I just made it up!