K1 or K3 & Age Factor .Pls advice !!!

[amlan70 0]

Hi all,

Me & my fiance is dating for the last one & half years .She is from USA & me from india.Now as we have planned I am going to her in usa for a 15 days trip on a tourist visa.Once I am there we wd apply for K1 and I wd come back and wait here for things to come to me in India.

So what do u think how much this process can take ......... or wd it be wise if i go in tourist visa , marry her there , apply for K3 and come back to India & wait.Which one you advice twd be wise & quick ??

Also my Fiancee is almost 20 yrs elder to me .so wd that create an hassle in the visa process ??

Pls advice...

[Dakine 26]

Hi all,

Me & my fiance is dating for the last one & half years .She is from USA & me from india.Now as we have planned I am going to her in usa for a 15 days trip on a tourist visa.Once I am there we wd apply for K1 and I wd come back and wait here for things to come to me in India.

So what do u think how much this process can take ......... or wd it be wise if i go in tourist visa , marry her there , apply for K3 and come back to India & wait.Which one you advice twd be wise & quick ??

Also my Fiancee is almost 20 yrs elder to me .so wd that create an hassle in the visa process ??

Pls advice...

Since you plan to marry you/she will be committing immigration fraud if you go there and marry her while on a tourist visa.

Age does matter especially when the woman is 20 years older than the petitioner.

Lots of guys latch onto a horny older woman just to get the green card.

I'm not saying that's your case but USCIS is well aware of such practices.

Good Luck!

[MargotDarko 0]

Hi all,

Me & my fiance is dating for the last one & half years .She is from USA & me from india.Now as we have planned I am going to her in usa for a 15 days trip on a tourist visa.Once I am there we wd apply for K1 and I wd come back and wait here for things to come to me in India.

So what do u think how much this process can take ......... or wd it be wise if i go in tourist visa , marry her there , apply for K3 and come back to India & wait.Which one you advice twd be wise & quick ??

Also my Fiancee is almost 20 yrs elder to me .so wd that create an hassle in the visa process ??

Pls advice...

Since you plan to marry you/she will be committing immigration fraud if you go there and marry her while on a tourist visa.

It is only immigration fraud if he intends to immigrate on that entry. It is perfectly fine for him to marry her and then go back to India to wait for a new visa. No particular visa is needed to marry in the US without intent to immigrate on that entry.

[MargotDarko 0]

You probably will receive more in-depth investigation and possibly harder questions. I am guessing that you have not met her in person yet as you're talking about having to make a visit before applying for the K1. Only one short visit and only very shortly before filing for a visa will probably not look very good. Make a point to meet her family and have pictures with them and be very prepared for questions. Save everything related to the trip - tickets, boarding passes, etc. People in your regional folder here should be able to help.

[amlan70 0]

You probably will receive more in-depth investigation and possibly harder questions. I am guessing that you have not met her in person yet as you're talking about having to make a visit before applying for the K1. Only one short visit and only very shortly before filing for a visa will probably not look very good. Make a point to meet her family and have pictures with them and be very prepared for questions. Save everything related to the trip - tickets, boarding passes, etc. People in your regional folder here should be able to help.

MargotDarko i am dating for last 1 yr s I a well aware of her .Ya I never met her in person. so I am making this tourist visit fo 15 days to take pics with her and date her in person.Now wd that be wise to get married , apply for a k3 and return to indian & wait ?? Is it legal to get married on a tourist visa ??or its good i go back to India and apply k1 ??? which one is more certain and quick ???

Regarding the age factor how to persuade them ??

plsreply

[Minya's wife 24]

You probably will receive more in-depth investigation and possibly harder questions. I am guessing that you have not met her in person yet as you're talking about having to make a visit before applying for the K1. Only one short visit and only very shortly before filing for a visa will probably not look very good. Make a point to meet her family and have pictures with them and be very prepared for questions. Save everything related to the trip - tickets, boarding passes, etc. People in your regional folder here should be able to help.

MargotDarko i am dating for last 1 yr s I a well aware of her .Ya I never met her in person. so I am making this tourist visit fo 15 days to take pics with her and date her in person.Now wd that be wise to get married , apply for a k3 and return to indian & wait ??

Given that you've never met in person before, and you have a significant age difference in the "other" direction (woman older than man) you may run into more scrutiny either way you go. Again it depends on the country you live in....but in those countries where older woman/younger man marriages are not traditionally done, these couples may get a greater amount of questioning, and their burden of proof is greater.

Is it legal to get married on a tourist visa ??or its good i go back to India and apply k1 ???

You can get married on a tourist visa....it is visa fraud if you marry and then stay in the US and try to Adjust Status. So in essence marrying, then going back to wait out the K3 (spousal visa) process in India is not illegal. You just have to take your personal situation in consideration....and look at it from the Consulate's point of view. They may seriously question a situation as yours....never met in person, woman 20 years older, you come over on tourist visa and within 15 days you marry and she's applying for you to emigrate to the US. The Consulate's task is to differentiate between real applications and those that are filed only so the beneficiary can get immigrant benefits (i.e. the marriage is not bona-fide). With your personal situation as you stated, you will need to do a lot of convincing that your situation is real.

which one is more certain and quick ??? There is no certain or quick where USCIS is concerned.

Regarding the age factor how to persuade them ?? You need to have documentary proof of your ongoing constant communication. Once you do meet in person, you need to take a lot of photographs, keep all receipts of anything you do together. Upon your return to India document all communication...i.e. emails, video chats, letters, phone conversations.

plsreply

[pushbrk 12,156]

Hi all,

Me & my fiance is dating for the last one & half years .She is from USA & me from india.Now as we have planned I am going to her in usa for a 15 days trip on a tourist visa.Once I am there we wd apply for K1 and I wd come back and wait here for things to come to me in India.

So what do u think how much this process can take ......... or wd it be wise if i go in tourist visa , marry her there , apply for K3 and come back to India & wait.Which one you advice twd be wise & quick ??

Also my Fiancee is almost 20 yrs elder to me .so wd that create an hassle in the visa process ??

Pls advice...

Since you plan to marry you/she will be committing immigration fraud if you go there and marry her while on a tourist visa.

Age does matter especially when the woman is 20 years older than the petitioner.

Lots of guys latch onto a horny older woman just to get the green card.

I'm not saying that's your case but USCIS is well aware of such practices.

Good Luck!

It seems you've made this errant assertion several times. Please stop doing it. Every time, you do, others have to come along and correct it.

It is not immigration fraud or visa fraud to come to the US on a tourist visa and marry. Please don't tell people this again. The OP suggested the possibility of marrying on a tourist visa and then returning home to wait out the visa process. That is perfectly legal.

[amlan70 0]

Thanks really .. wanted to know something more specifically..I am a bit perplexed at this point of time.

"1)Given that you've never met in person before, and you have a significant age difference in the "other" direction (woman older than man) you may run into more scrutiny either way you go. Again it depends on the country you live in....but in those countries where older woman/younger man marriages are not traditionally done, these couples may get a greater amount of questioning, and their burden of proof is greater."

So any idea which sort of scrutiny they can make ??? for your information I am a 3D freelancer ..not into a permanent job.And she having a deficit of earning in USA I am making one of my sisters also sign I-134.... and i hope by burdeb of proof u mean photographs , chat records , bills etc ...... for your information we met through a marriage site.

2)"So in essence marrying, then going back to wait out the K3 (spousal visa) process in India is not illegal. You just have to take your personal situation in consideration....and look at it from the Consulate's point of view. They may seriously question a situation as yours....never met in person, woman 20 years older, you come over on tourist visa and within 15 days you marry and she's applying for you to emigrate to the US. The Consulate's task is to differentiate between real applications and those that are filed only so the beneficiary can get immigrant benefits (i.e. the marriage is not bona-fide). With your personal situation as you stated, you will need to do a lot of convincing that your situation is real."

So as per ur statement i think its best to file K1 after quite sometime i return from tourist visa.So what period do u suggest before filing the k1.

3) I dont really remember the name of the form but there is a document in which both of us have to state our intention to marry , our history of love etc. How imp is this ?? How much do they value our statements ?? Any points we shd specifically highlight on ??

4) " You need to have documentary proof of your ongoing constant communication. Once you do meet in person, you need to take a lot of photographs, keep all receipts of anything you do together. Upon your return to India document all communication...i.e. emails, video chats, letters, phone conversations."

I am saving almost all yahoo chats , I have kept all phone bills , I have all courier bills..Do you siggest i record voice chats & cams too ??

Pls let me now... your answers are really helping us a lot ......

Regards

Edited July 29, 2007 by amlan70