a question about marriage to US citizen

[y2ksbabygirl 0]

if i was to go and visit my fiance and get married, can i stay and then apply for citizenship? i know of people who have gone from mexico, then married each other in texas, and then applied for citizenship and they didn't get deported... my worst fear is that if i was to do that, then i would get deported and we STILL wouldn't be together.... we just want to be together so badly that we don't want to wait anymore.... does anyone have any ideas on if this happens what can happen???

[Chica Yeyé 41]

If you cross the border with the intent to marry it is indeed visa fraud. If you cross for a visit and marry spontaneously (he he), you adjust status. The best thing to do is to and become familiar with your options; since the lines are pretty fuzzy.

Good luck, L.

[y2ksbabygirl 0]

If you cross the border with the intent to marry it is indeed visa fraud. If you cross for a visit and marry spontaneously (he he), you adjust status. The best thing to do is to and become familiar with your options; since the lines are pretty fuzzy.

Good luck, L.

so if it was totally unplanned, and adjustment is all that would need to be done? hmmmmm.... we have been waiting over a year and half.... thanks a lot!!!!

[Bassi and Zainab 1]

Wait, you'd better check the laws carefully. Once upon a time you could stay in the country and adjust your status, but that changed a couple of years back and the new law says that even if you are adjusting your status, you have to go back to your home country for the interview and processing. I think it was changed for the very reason that people entered the country whether legally or illegally and got married so that they could stay in the country. Now, even if you get married, you still have to leave the country and go "home" to get your status adjusted.

[y2ksbabygirl 0]

well i will check that out....

[y2ksbabygirl 0]

just out of curiousity, where exactly could i find those guidelines? i couldn't find them on USCIS

[Chica Yeyé 41]

Wait, you'd better check the laws carefully. Once upon a time you could stay in the country and adjust your status, but that changed a couple of years back and the new law says that even if you are adjusting your status, you have to go back to your home country for the interview and processing. I think it was changed for the very reason that people entered the country whether legally or illegally and got married so that they could stay in the country. Now, even if you get married, you still have to leave the country and go "home" to get your status adjusted.

Oops. Didn't mean to give wrong advise! Sorry about that and thanks for the information!

As per the Guides, they are on VJ: http://www.visajourney.com/forums/index.ph...amp;page=guides

[no name 1]

If you cross the border with the intent to marry it is indeed visa fraud. If you cross for a visit and marry spontaneously (he he), you adjust status. The best thing to do is to and become familiar with your options; since the lines are pretty fuzzy.

Good luck, L.

so if it was totally unplanned, and adjustment is all that would need to be done? hmmmmm.... we have been waiting over a year and half.... thanks a lot!!!!

Well, you are in America & he is not, so it is planned already...

That is visa fraud, if you enter with intent to get married & stay. VJ does not advocate visa fraud in any way.

If you cross the border with the intent to marry it is indeed visa fraud. If you cross for a visit and marry spontaneously (he he), you adjust status. The best thing to do is to and become familiar with your options; since the lines are pretty fuzzy.

Good luck, L.

Not true. Intent to marry & stay is fraud, intent to marry & leave is not.

[y2ksbabygirl 0]

well that's not my idea... i'm in canada, he's in the USA... we just want to finally be together again but forever... we want to do it the right way... not commit fraud or anything... we also want to do it the quickest way... but the right way... and if we could be together while waiting, would be way better... i looked up the DCP, and i'm curious, but i don't fully understand it.... this whole thing is confusing... i already purchased the greencard by marriage booklet online and printed it....

we are trying to figure out if going the fiancee visa or the k visa is easier.... i have a daughter from a previous marriage... and she is going to be with us in the US once we are married....

Fraud is SOOOOOOO not my goal here... i'm just trying to get some help is all....

[no name 1]

well that's not my idea... i'm in canada, he's in the USA... we just want to finally be together again but forever... we want to do it the right way... not commit fraud or anything... we also want to do it the quickest way... but the right way... and if we could be together while waiting, would be way better... i looked up the DCP, and i'm curious, but i don't fully understand it.... this whole thing is confusing... i already purchased the greencard by marriage booklet online and printed it....

we are trying to figure out if going the fiancee visa or the k visa is easier.... i have a daughter from a previous marriage... and she is going to be with us in the US once we are married....

Fraud is SOOOOOOO not my goal here... i'm just trying to get some help is all....

The K1 is the fiance visa. The K3 is the visa to bring a spouse to America. K2/K4 is for a child under 21.

DCF is if you are married & living in the foreign country. Not every country allows it, check if Canada does.

- the tab at the top is quite helpful.

Edited November 26, 2007 by devilette

[Reba 2]

Canada only allows DCF if the US citizen is a legal permanent resident in Canada at the time of filing.

y2ksbaby, K1 with K2 is probably your best legal bet at this juncture. You cannot enter the US, get married and then "apply for citizenship". Citizenship is a loooooooooooooong way off, and not automatically granted when you marry a US citizen. Go have a look through the K1 forum and Guides.

[athena_ny 1]

Wait, you'd better check the laws carefully. Once upon a time you could stay in the country and adjust your status, but that changed a couple of years back and the new law says that even if you are adjusting your status, you have to go back to your home country for the interview and processing. I think it was changed for the very reason that people entered the country whether legally or illegally and got married so that they could stay in the country. Now, even if you get married, you still have to leave the country and go "home" to get your status adjusted.

That is 100% untrue. My husband definitely never had to leave the US, and neither did friends who have adjusted their status from visas other than K-1 or K-3. The only reason you would have to return would be if you filed for a K-3 or CR-1/IR-1 erroneously from inside the US.

Edited November 26, 2007 by meow mix

[no name 1]

Wait, you'd better check the laws carefully. Once upon a time you could stay in the country and adjust your status, but that changed a couple of years back and the new law says that even if you are adjusting your status, you have to go back to your home country for the interview and processing. I think it was changed for the very reason that people entered the country whether legally or illegally and got married so that they could stay in the country. Now, even if you get married, you still have to leave the country and go "home" to get your status adjusted.

That is 100% untrue. My husband definitely never had to leave the US, and neither did friends who have adjusted their status from visas other than K-1 or K-3. The only reason you would have to return would be if you filed for a K-3 or CR-1/IR-1 erroneously from inside the US.

The OP has a child, I think anything other than a K1 or K3 would be very difficult.

[athena_ny 1]

Wait, you'd better check the laws carefully. Once upon a time you could stay in the country and adjust your status, but that changed a couple of years back and the new law says that even if you are adjusting your status, you have to go back to your home country for the interview and processing. I think it was changed for the very reason that people entered the country whether legally or illegally and got married so that they could stay in the country. Now, even if you get married, you still have to leave the country and go "home" to get your status adjusted.

That is 100% untrue. My husband definitely never had to leave the US, and neither did friends who have adjusted their status from visas other than K-1 or K-3. The only reason you would have to return would be if you filed for a K-3 or CR-1/IR-1 erroneously from inside the US.

The OP has a child, I think anything other than a K1 or K3 would be very difficult.

I agree in that situation, but was just calling the other poster out on posting totally inaccurate information.

[JelloShotGirl 0]

I know a few people that went this route, however I do not recommend it. They went thru a lot of ####### to get approved, you are better off doing it the right way..........(K1 visa) I heard this straight from the horses mouth, who did the "tourist visa thing" then get married. He personally wouldnt recommend it. Good luck.