Marry in US ... stay in US

[DJ+Ten 0]

My ladyfriend is attempting to come to the US on a tourist visa. We would like to include the two minor children on that trip. After they arrive, we would get married in the US and file a K3(?).

Would it be necessary for them to return to Philippines at some point to complete the process?

Another child is just now 18 and attending nursing school. Should she be brought at the same time? Can she come later if desired?

Why not take the normal K-1 route?

We met online in May '06. I visited her home in Aug '06. She filed her annulment in Sep '06. Annulment hearings are complete but judge has not issued the decree even in Oct'07. K-1 process cannot start until that paper is in hand. Expected timeline for K-1 to entry is 8+ months after that (if I understand correctly), and we are getting impatient.

If another thread covers this I would appreciate a reference to it.

DJ

[MargotDarko 0]

My ladyfriend is attempting to come to the US on a tourist visa. We would like to include the two minor children on that trip. After they arrive, we would get married in the US and file a K3(?).

Would it be necessary for them to return to Philippines at some point to complete the process?

Another child is just now 18 and attending nursing school. Should she be brought at the same time? Can she come later if desired?

Why not take the normal K-1 route?

We met online in May '06. I visited her home in Aug '06. She filed her annulment in Sep '06. Annulment hearings are complete but judge has not issued the decree even in Oct'07. K-1 process cannot start until that paper is in hand. Expected timeline for K-1 to entry is 8+ months after that (if I understand correctly), and we are getting impatient.

If another thread covers this I would appreciate a reference to it.

DJ

Hello. Welcome to VJ. Your fiancee is not able to enter on a tourist visa with the intent of marrying you and staying - that would be visa fraud. As long as her annulment is complete and she is free to marry, there is nothing illegal with her entering on the tourist visa, marrying, applying for a K3 or CR1 visa, and then returning before her allowed time was up (usually 3 or 6 months depending on how they stamp her I-94 at the point of entry). She would have to return to the Phillipines with her children for the interview and to get the appropriate visas.

[pushbrk 12,158]

My ladyfriend is attempting to come to the US on a tourist visa. We would like to include the two minor children on that trip. After they arrive, we would get married in the US and file a K3(?).

Would it be necessary for them to return to Philippines at some point to complete the process?

Another child is just now 18 and attending nursing school. Should she be brought at the same time? Can she come later if desired?

Why not take the normal K-1 route?

We met online in May '06. I visited her home in Aug '06. She filed her annulment in Sep '06. Annulment hearings are complete but judge has not issued the decree even in Oct'07. K-1 process cannot start until that paper is in hand. Expected timeline for K-1 to entry is 8+ months after that (if I understand correctly), and we are getting impatient.

If another thread covers this I would appreciate a reference to it.

DJ

Hello. Welcome to VJ. Your fiancee is not able to enter on a tourist visa with the intent of marrying you and staying - that would be visa fraud. As long as her annulment is complete and she is free to marry, there is nothing illegal with her entering on the tourist visa, marrying, applying for a K3 or CR1 visa, and then returning before her allowed time was up (usually 3 or 6 months depending on how they stamp her I-94 at the point of entry). She would have to return to the Phillipines with her children for the interview and to get the appropriate visas.

Yes, and also she must not overstay the tourist visa, if she can even get one at all. Don't count your chickens...

However, the K1 may well be a better choice for you because of the daughter already 18. She can come and adjust status as a K2 but will not qualify as your step-child on an I-130 (required for K4) because any marriage will occur after she turned 18. This comes up so infrequently, its diffucult to remember all the other details of this issue but it is definitely far smoother for the older daughter to come as a K2.

[Marlita 0]

Just to let you know...people do come to the US on a visitor visa and marry. It is of course illegal to do this intentionally just to stay in the US but it is not illegal to come on a visitors visa and then marry in the US. After the marriage you will have to file for her immigrant visa. I don't know how it works if she has kids though.

I know many people who came to the US and visited or worked and met someone and married just to stay so that they wouldnt have to file while living apart. There is nothing wrong with that! Just don't overstay a visit. You should be honest and go the the US embassy in the states and ask your options for extending your visitor visa or just make sure you get a stamp with a far out return date in the passport at your POE.

[Elbereth 0]

Everyone else is waiting too, there are no shortcuts... you're just going to have to be patient

[Dakine 26]

My ladyfriend is attempting to come to the US on a tourist visa. We would like to include the two minor children on that trip. After they arrive, we would get married in the US and file a K3(?).

Would it be necessary for them to return to Philippines at some point to complete the process?

Another child is just now 18 and attending nursing school. Should she be brought at the same time? Can she come later if desired?

Why not take the normal K-1 route?

We met online in May '06. I visited her home in Aug '06. She filed her annulment in Sep '06. Annulment hearings are complete but judge has not issued the decree even in Oct'07. K-1 process cannot start until that paper is in hand. Expected timeline for K-1 to entry is 8+ months after that (if I understand correctly), and we are getting impatient.

If another thread covers this I would appreciate a reference to it.

DJ

Hello. Welcome to VJ. Your fiancee is not able to enter on a tourist visa with the intent of marrying you and staying - that would be visa fraud. As long as her annulment is complete and she is free to marry, there is nothing illegal with her entering on the tourist visa, marrying, applying for a K3 or CR1 visa, and then returning before her allowed time was up (usually 3 or 6 months depending on how they stamp her I-94 at the point of entry). She would have to return to the Phillipines with her children for the interview and to get the appropriate visas.

Yes, and also she must not overstay the tourist visa, if she can even get one at all. Don't count your chickens...

However, the K1 may well be a better choice for you because of the daughter already 18. She can come and adjust status as a K2 but will not qualify as your step-child on an I-130 (required for K4) because any marriage will occur after she turned 18. This comes up so infrequently, its diffucult to remember all the other details of this issue but it is definitely far smoother for the older daughter to come as a K2.

DITTO!

All this may not be and issue as it's extremely difficult for filipinos to get tourist visas in the Philippines.

Especially minors.

You can't "bring "them. The family will have to qualify on their own!

[DJ+Ten 0]

Thanks all.

It looks like we need to fall back to K-1 route. Maybe the time will go by quickly.

DJ

[Jasman0717 8]

Thanks all.

It looks like we need to fall back to K-1 route. Maybe the time will go by quickly.

DJ

that would probably be the wise thing to do