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Smfr212 reacted to Penguin_ie in Tourist visa to marry but not stay?
**** topic split from 2+ year old topic, as OP of that topic has not logged on in over a year and policies can change *****
First of all, being from Germany you will not need a tourist visa, and your entry to the US should be easier.
In terms of documentation- it is as much about what you bring (letter from employer when you are expected back, enrollment to uni or such ties), as what you do not bring- if you come with four suitcases packed full of documents, photo albums and nick-nacks, they will be suspicious you want to stay.
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Smfr212 reacted to Brother Hesekiel in Married to US citizen under a tourist visa (ASAP)
My daughter and her husband traveled from Europe to Maui, Hawaii, on a B2 with the express intent to get married and to spend their honeymoon there. It was great (I love Maui), and there was absolutely nothing illegal or even secretive about it as we had this planed months before with hotel reservations and all.
It's called tourism, the source of much revenue for Uncle Sam.
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Smfr212 reacted to ceadsearc in Married to US citizen under a tourist visa (ASAP)
That's perfectly fine. I am not a lawyer, but I have studied the laws regarding immigration and tourist visas and I have seen no law whatsoever that says a B-2 cannot be used to marry in the United States if the tourist is then returning to their country. Keep in mind that not everyone coming to the United States to marry is even marrying a US citizen - some people come for "destination" weddings in Hawaii or Las Vegas and you can bet that they are up front on their visa applications.
The reason I am so adamantly arguing with your statement is because you are providing misinformation to people who come to VisaJourney and are looking at their legal options. Hopefully, they will realize the errors in your statements. If not, I suppose it is a lesson on not trusting what you find on the internet without verifying it yourself.
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Smfr212 reacted to ceadsearc in Married to US citizen under a tourist visa (ASAP)
I'm sorry, but that's just not true. A visa not being approved for a certain reason doesn't mean something illegal occurred. As you said, the key is intent. If a B-2 is denied because of marriage plans it is because the officer believes the person applying has INTENT TO IMMIGRATE. That INTENT is what is illegal. If they do not have intent to IMMIGRATE there is nothing illegal. The reason visas get denied in cases like that is because EVERY petitioner is assumed to be planning to immigrate unless proven otherwise and plans to get married in America to a USC do not prove strong ties to the home country nor do they prove plans NOT to immigrate.
That being said, some visas ARE granted even if the officer knows there is intent to marry and return home, assuming ties to the home country can be proven.
If you truly believe this to be illegal, you should not be advising the OP to omit the true nature of their trip when applying because VJ does NOT support condoning illegal activity.
A b-2 is for tourists to come to America. A tourist can marry in America, as a tourist, and then return home. They maintained tourist status the entire time, there is nothing illegal. I'd challenge you to point to the immigration law that states this is illegal but I'd bet dollars to donuts you will not find one.
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Smfr212 reacted to ceadsearc in Married to US citizen under a tourist visa (ASAP)
The idea that it is illegal to get married and leave the country is false. I'm not sure where the idea came from but I assure you that you will find no proof of it. A k-1 is for someone to come and get married, yes. But it is for them to stay. That is why a CR-1 exists as well. It's for already married people to file abroad and there is NO requirement that the marriage didn't happen in the US or wasn't planned or anything like that. It's not going to look bad to immigration, in fact it will probably look better as they didn't overstay. The reason someone who tells CBP they are coming to marry an American on a B-2 might be turned away is not because it's visa fraud, it's because CBP is worried they plan to then commit visa fraud by applying for AOS after arriving with intent.
To the OP, I understand where you are coming from. Good luck. Make sure you bring lots of evidence of strong ties to your country when traveling back and forth as this will help you to be allowed to enter.
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Smfr212 reacted to UKHusband in What is your number one piece of advice?
Just to get this thread back on topic, my number one piece of advice is try not to obsess over every little detail and time frame.
It's easy to get paranoid if you're reading Visa Journey and see others getting NOAs or medical and interview dates while your CEAC tracker remains stubbornly stuck fast, but they almost certainly haven't forgotten you/lost your forms and they will get to you - some people are on the lucky end of the scale and zip through quicker than others, but that doesn't necessarily mean something is wrong for you, and there is very little you can do until you've gone beyond the stated time frames anyway!
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Smfr212 reacted to Mark88 in What is your number one piece of advice?
And only if you file with the Consulate in Frankfurt. Should you file the I-130 over the Chicago Lockbox you will need to provide translations.
Like the info reads, any documents.
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Smfr212 reacted to Dbkrantz in What is your number one piece of advice?
Number one piece of advice is :
Don't be afraid to ask questions.
When you are stressed, sometimes, it's overwhelming and nothing makes sense. It took a while to wrap around the process, and it would not have been possible without asking people. There is no stupid question and it's better to ask and relax than freak out about something.
Direct consular filing is when you can file your petition and do the whole process within the embassy and therefor not having to go through Chicago. It is generally faster (4 months maximum for DCF compared to 9-12 months for the regular process).
The requirements are generally having lived legally in the country for at least 6 months and being married.
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Smfr212 reacted to Mark88 in What is your number one piece of advice?
Since you are planning on doing DCF in Frankfurt, this would be the best info to read on what it is and how it is done:
http://www.talkaboutusa.com/viewtopic.php?t=26190
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Smfr212 reacted to Cathi in What is your number one piece of advice?
Stay calm, be patient, read and re-read instructions, be thorough and organized, and use common sense. I see so many people here wanting everything to be done instantly, government doesn't work that way. When I sent my husband's petition I never once checked the status, I never once called NVC looking for his case number, I never called or wrote the embassy when he was in AP demanding it to come to an end, I knew it would get done when they finished with what they needed to do. The people who work at USCIS, NVC and at the consulates are people too,they have jobs to do and can only work with the resources they have. I see so many people get upset when they get an RFE or their affidavit of support is rejected, or when they are denied for misrepresentation, the list goes on forever. It isn't the fault of the people working at USCIS, NVC, or the consulates when people petitioning and applying for visas cannot read and follow straightforward instructions, or if they decide to leave out important documents, or don't earn above the poverty line, or if they decide to lie in order to obtain a visa, once again the list is a mile long. Just my 2 cents.
There isn't a single thing I would do differently, the outcome was the only important thing, and that was to reunite my husband and I here in the US. He has been here for exactly one year this week.
Best of luck on your journey!
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Smfr212 reacted to Mark88 in What is your number one piece of advice?
Definatly do DCF in Frankfurt. We were very quick and had everything done in just about 4 months. I would recommend this: Make an infopass appointment in Frankfurt and drop of all documents directly with a USCIS officer. They will go through the application and doucments with you on the spot. Friends of ours did this and were approved in just 6 weeks!