Simple engagement case being complicated

[tnv 0]

My fiancée came here to the US on a tourist visa, not expecting to spend much time, and much less get engaged. But here we are.

Our lawyer advised us to stay in the country until we get married and get her permission to travel, but unfortunately, she has some things that she needs to take care of back home before we get married, mostly because she wasn't planning on anything that's happened so far.

So, my question is, is she going to have problems getting back into the country? Here visa's good for a few more months, but I worry they might harass her upon re-entry, notice the ring, etc.

Or also, after we get married, are they going to question that visit we made to her home country?

[payxibka 10,048]

You are OK now but if she leaves the game is different

[no name 1]

My fiancée came here to the US on a tourist visa, not expecting to spend much time, and much less get engaged. But here we are.

Our lawyer advised us to stay in the country until we get married and get her permission to travel, but unfortunately, she has some things that she needs to take care of back home before we get married, mostly because she wasn't planning on anything that's happened so far.

So, my question is, is she going to have problems getting back into the country? Here visa's good for a few more months, but I worry they might harass her upon re-entry, notice the ring, etc.

Or also, after we get married, are they going to question that visit we made to her home country?

You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

[Yodrak 7]

tnv,

Your lawyer advised that she stay in the country until after marrying and applying for adjustment of status for a reason. If she leaves now, then comes back again as a non-immigrant to marry and immigrate, he might give you different advice.

I think you should ask your lawyer the question that you are asking here.

Yodrak

My fiancée came here to the US on a tourist visa, not expecting to spend much time, and much less get engaged. But here we are.

Our lawyer advised us to stay in the country until we get married and get her permission to travel, but unfortunately, she has some things that she needs to take care of back home before we get married, mostly because she wasn't planning on anything that's happened so far.

So, my question is, is she going to have problems getting back into the country? Here visa's good for a few more months, but I worry they might harass her upon re-entry, notice the ring, etc.

Or also, after we get married, are they going to question that visit we made to her home country?

[tnv 0]

You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

OK, let me clarify a little. She came to the US as a tourist, before I met her. I met her while she was here as a tourist. As far as I understand (I may be wrong), she can still leave and come back to the US until the current tourist visa expires. We're not talking about applying for a new visa yet.

[TimsDaisy 0]

There's a long thread here about visiting while you're in the process of obtaining a K1 visa. She has a multi-entry tourist visa already? She can, with the proper planning and precautions, leave and come back to visit you.

However, if you don't want to deal with problems or worries about her coming back to visit, then it's best to do as the lawyer advised and marry now. Even if it's a struggle to stay, you're in the fortunate position of being able to skip the K1 process as of now, whereas you won't necessarily have that luxury later on.

Even if it's just at the courthouse, you can do the big fancy wedding later. It takes around 90 days to get the ability to travel and then re-enter, from what I understand. If she can manage to stay here that long it would be worth it. Otherwise it will probably be a 7-9 month wait for the K1 visa. She may be able to visit during that time, but it isn't guaranteed.

[no name 1]

You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

OK, let me clarify a little. She came to the US as a tourist, before I met her. I met her while she was here as a tourist. As far as I understand (I may be wrong), she can still leave and come back to the US until the current tourist visa expires. We're not talking about applying for a new visa yet.

You are fine to get married now, per your lawyer's advice. YOu had NO INTENT to marry when she arrived. Now you have intent. She leaves the country, comes back, KNOWING SHE WILL GET MARRIED, it's fraud. you cannot marry on a tourist visa IF YOU HAVE PRIOR INTENT.

Speak to your lawyer, like Yodrak said. You are paying him for advice, not us.

[payxibka 10,048]

You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

OK, let me clarify a little. She came to the US as a tourist, before I met her. I met her while she was here as a tourist. As far as I understand (I may be wrong), she can still leave and come back to the US until the current tourist visa expires. We're not talking about applying for a new visa yet.

The visa doesn't matter (per se) ... What matters is what is the intent upon entry (and she will have a second entry, not a continuation of the first)... The intent of the visit must match the intent of the visa she is requesting permission to enter upon. Her second entry, with intent to stay and immigrate, does not match the intent behind the non-immigrant visa in which she was granted entrance.

[msu17 0]

You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

OK, let me clarify a little. She came to the US as a tourist, before I met her. I met her while she was here as a tourist. As far as I understand (I may be wrong), she can still leave and come back to the US until the current tourist visa expires. We're not talking about applying for a new visa yet.

Ya, she can come back for a VISIT, but since her intent upon entry this time would be to immigrate, that would be visa fraud. You need either a K1 or spousal visa if she were to leave and then re-enter with the intent to stay here. At the greencard interview, you could potentially run into problems with visa fraud were she to reenter on the tourist visa.

Discuss this with your lawyer before she leaves!!!

[payxibka 10,048]

You are fine to get married now, per your lawyer's advice. YOu had NO INTENT to marry when she arrived. Now you have intent. She leaves the country, comes back, KNOWING SHE WILL GET MARRIED, it's fraud. you cannot marry on a tourist visa IF YOU HAVE PRIOR INTENT.

Speak to your lawyer, like Yodrak said. You are paying him for advice, not us.

You can enter with INTENT to get married on a tourist visit. What is at issue here is entering with intent to get married and STAY.

Edited July 10, 2007 by fwaguy

[featherB 1]

You are facing a whole new process. If she returns to the US on a tourist visa & marries, it is visa fraud as she has intent upon entering. It is illegal to marry on a tourist visa with prior intent.

You will need to file a K1(fiance) visa.

OK, let me clarify a little. She came to the US as a tourist, before I met her. I met her while she was here as a tourist. As far as I understand (I may be wrong), she can still leave and come back to the US until the current tourist visa expires. We're not talking about applying for a new visa yet.

When she entered the US previously, given the fact that she'd never met you, let alone got engaged to you and decided to live in the US with you, she was using the visa for its proper purpose - to visit the US as a tourist. If she leaves the US for a visit home and then comes back into the US with the intention to marry you afterwards, adjust status to permanent resident, and remain in the US for good, she wouldn't be using it for its proper purpose - she'd be using a VISITOR visa for something entirely different. Marrying you and remaining in the US while adjusting status NOW is ok (as you were advised by your lawyer), because there was no intent to immigrate when she last entered the country using her visa. That would not be the case if she left now and tried to re-enter again...

[tnv 0]

Thanks for the responses you guys. I know, I know, I need to consult more with the lawyer. The problem with that is I "know" it's gonna be unfriendly advise. This is so rough on a young relationship. We just wanna get married; I can't figure out why it's so complicated...

Unfortunately, I'm not seeing any way around getting her back to her country before we get married. I just need to figure out all my options from that point. I do not wish to commit visa fraud, and certainly don't want any unpleasant surprises in the future. But I can't accept the possibility of waiting (what is it, at least 7 months?), separated, for indefinite period of time until a K1 gets through.

[payxibka 10,048]

Thanks for the responses you guys. I know, I know, I need to consult more with the lawyer. The problem with that is I "know" it's gonna be unfriendly advise. This is so rough on a young relationship. We just wanna get married; I can't figure out why it's so complicated...

Unfortunately, I'm not seeing any way around getting her back to her country before we get married. I just need to figure out all my options from that point. I do not wish to commit visa fraud, and certainly don't want any unpleasant surprises in the future. But I can't accept the possibility of waiting (what is it, at least 7 months?), separated, for indefinite period of time until a K1 gets through.

Join the club.. we have all (or mostly all) have experienced the anguish of a prolonged seperation

[no name 1]

Thanks for the responses you guys. I know, I know, I need to consult more with the lawyer. The problem with that is I "know" it's gonna be unfriendly advise. This is so rough on a young relationship. We just wanna get married; I can't figure out why it's so complicated...

Unfortunately, I'm not seeing any way around getting her back to her country before we get married. I just need to figure out all my options from that point. I do not wish to commit visa fraud, and certainly don't want any unpleasant surprises in the future. But I can't accept the possibility of waiting (what is it, at least 7 months?), separated, for indefinite period of time until a K1 gets through.

Join the club.. we have all (or mostly all) have experienced the anguish of a prolonged seperation

You are fine to get married now, per your lawyer's advice. YOu had NO INTENT to marry when she arrived. Now you have intent. She leaves the country, comes back, KNOWING SHE WILL GET MARRIED, it's fraud. you cannot marry on a tourist visa IF YOU HAVE PRIOR INTENT.

Speak to your lawyer, like Yodrak said. You are paying him for advice, not us.

You can enter with INTENT to get married on a tourist visit. What is at issue here is entering with intent to get married and STAY.

True. I stand corrected.

[TimsDaisy 0]

tnv - but you CAN get married quickly, that's what we're telling you. only you and she know about whether the obligations at home can wait another 90 days or so or not. but if they can be made to wait, then do everything you can to make them wait. you are one of the fortunate few who has this marry-now option. take it if you can.

and the lawyer won't give you unfriendly advice or even necessarily different information to what you've gotten here so far.

and fwaguy has it right: coming back in to get married = no fraud. coming back in to get married AND STAY = possible fraud and possible problems at adjustment of status stage. and there will be precautions to take coming to visit to begin with, once you file the k1.

how soon is your girl looking to return? you can file the k1 while she is here if there's still time left on the visit too, then it will already be processing while she's getting things in order in her country.