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

[Lance27 19]

As long as your divorce is finalized you can file a petition for a K1 visa.

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.

[Boiler 43,630]

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 your divorce has to be final.

Does he have a visa to visit you in the US? Sort of assuming the answer is no.

Have you met?

He will be subject to AP/AR, anybodys guess but assume a year plus.

Have a look in the MENA forum, not an easy Consulate due to fraud issues.

[dreamscometrue 0]

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.

This info conflicts with other info on this page, saying it is too risky to do this. What are the facts? It seems to me, with this advice, since we have not started any finacee filing, that it would work.

[msu17 0]

No, that's not in conflict with the info. To enter the US WITH the intent to stay = visa fraud. So your fiance entering knowing he plans on staying would be a no-no. If he entered without that intent and could prove it at the AOS interview, then it could be a possibility. From what you've said though, that would not be the case for you two. He can still visit during the process but he would need to leave the US and come back with the K1.

[Boiler 43,630]

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.

This info conflicts with other info on this page, saying it is too risky to do this. What are the facts? It seems to me, with this advice, since we have not started any finacee filing, that it would work.

Number 1 fact - does he have a US B2 Visitors Visa.

[dreamscometrue 0]

This forum format is complicated and confusing and not easy to use. I hate the quoting and when I answer one post in the middle nobody sees it. It works better to just post a new topic each time. The quoting makes it more confusing.

He is from Morocco. I am going to post my questions, etc. as new topics from now on.

[dreamscometrue 0]

No, that's not in conflict with the info. To enter the US WITH the intent to stay = visa fraud. So your fiance entering knowing he plans on staying would be a no-no. If he entered without that intent and could prove it at the AOS interview, then it could be a possibility. From what you've said though, that would not be the case for you two. He can still visit during the process but he would need to leave the US and come back with the K1.

We are not engaged and who knows, maybe he will not want to stay, so there is no INTENT yet. How could we prove it? He says the fiancee visa will take 2 or so years, even one year is too long for me PLUS the money - have already invested 1000s - cannot see another 3000. I want to be happy now, who cares about later? None of us know if we will even have a later.

[featherB 1]

This forum format is complicated and confusing and not easy to use. I hate the quoting and when I answer one post in the middle nobody sees it. It works better to just post a new topic each time. The quoting makes it more confusing.

He is from Morocco. I am going to post my questions, etc. as new topics from now on.

You can delete the quoted text... and posting every question as it occurs to you in a new topic is likely to confuse, and result in going over the same thing over and over again, rather than getting you answers!

[featherB 1]

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.

This info conflicts with other info on this page, saying it is too risky to do this. What are the facts? It seems to me, with this advice, since we have not started any finacee filing, that it would work.

The info isn't conflicting - there is nothing to stop someone marrying while in the US (you don't need a visa to get married) if they entered on a visitor visa etc... it's using a visitor visa for the purpose of entering the US to marry and remain that is a problem. He could fly to the US and enter on the visitor visa with the full intention of marrying you, so long as the intention is also to return home at the end of his legal stay (or sooner) and to pursue the immigration process by the proper route - ie, if you were already married, by applying for a spouse visa (K3 or CR1/IR1).

[Boiler 43,630]

The quickest route would be for you to move to Morrocco.

You can be together before deciding if you want to take the matter further, and if you do wait there for the visa.

[pushbrk 12,174]

No, that's not in conflict with the info. To enter the US WITH the intent to stay = visa fraud. So your fiance entering knowing he plans on staying would be a no-no. If he entered without that intent and could prove it at the AOS interview, then it could be a possibility. From what you've said though, that would not be the case for you two. He can still visit during the process but he would need to leave the US and come back with the K1.

We are not engaged and who knows, maybe he will not want to stay, so there is no INTENT yet. How could we prove it? He says the fiancee visa will take 2 or so years, even one year is too long for me PLUS the money - have already invested 1000s - cannot see another 3000. I want to be happy now, who cares about later? None of us know if we will even have a later.

You asked a question and we are discussing the answer. Here is your question.

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

If he is your "fiance" then for the purposes of this discussion you are indeed, "engaged" and if he entered, married you and stayed and attempted to adjust status to permanent resident instead of returning to Morroco before his visa expired, then it is visa fraud.

[no name 1]

We are not engaged and who knows, maybe he will not want to stay, so there is no INTENT yet. How could we prove it? He says the fiancee visa will take 2 or so years, even one year is too long for me PLUS the money - have already invested 1000s - cannot see another 3000. I want to be happy now, who cares about later? None of us know if we will even have a later.

There is intent as you want to file the fiance visa, FOR MARRIAGE later.

It will take more $$, as of July 31, 2007, filing for the green card (after he gets here & you marry) is $1010.

Ask in the ME/NA forum, Morroccan visas take a long time. Check the timelines here:

http://www.visajourney.com/timeline/k1list...co&dfile=No