theron

Sweetie was not married. She left the US - went home and her husband to be applied for a K-1. She then tried to re enter the US "to visit" and was denied entry based on her upcoming marriage to a USC and not having strong enough ties to her country (as proof that she was going to leave the US after her visit).

If you get married and your spouse leaves the US, chances are that she won't be allowed back in on a tourist visa again. Sometimes they will allow this, but only if the person can prove that they have sufficient ties to their own country and intend to return home after the visit.

You can go ahead with your plan, but if you get married, your new spouse won't be able to leave the US (and return) while pending her AOS, unless she applies for and recieves AP.

Oh, ok. Sorry for that. I read Sweetie's post a couple days ago and all the ensuing conversations rather blurred together.

I understand this so far, but I am trying to look at this from an innocent perspective, as was my original intention.

First I thought of the trip to Las Vegas. I'd heard of wedding chapels being there. I thought it would be really romantic and spontaneous to get married there, while having fun. I read at the chapel websites that a wedding license was required. I called Las Vegas wedding bureau with my initial question which was, "can I surprise and propose marriage to my sweety who is from Bahamas?"

They said, "Sure, you can surprise her. She just needs to have her tourist visa on hand. She would leave S.S. # question blank... etc..."

No mention of ensuing legalities or responsibilities. I only started HERE as I found myself NOW getting deeper and deeper into legal stuff due to asking questions.

I wonder if Las Vegas marriage bureau would have on-hand resources or info for a circumstance such as this.

theron,

Violating immigration law is considerably more serious than shoplifting a case of soda.

Sweetie's story, as she related it, is a clear-cut a case as I have seen where the immigration officer had no choice but to deny her entry and send her back home. She had absolutely nothing in her circumstances that would compel her to leave the USA had the officer granted her entry.

Yodrak

Forget the soda.

I see my jedi powers of metaphoric manipulation cannot dissuade you.

So it was against the law for her to leave America to tie up loose ends or anything. Alright.

I am going to comment that this is a whole new level of "common sense," as I'd go home too. I own my house, truck, etc. My lady is not without means either. She travels to and from here frequently. What eludes me is how anyone is supposed to know all this if they are being spontaneous? Unless they pretended not to know a little something already?

Ok. Theoretically, how would a person figure this out on their own, after a spontaneous proposal, and not make the mistake Sweetie did? Where should they have gone, what should they have done? How could they have found out in these circumstances?

Secondly, let us say I was not compelled by curiosity to come here to this forum. How would I have discovered any of this on my own in Las Vegas or anywhere for that matter?

Hindsight is 20/20, such as Sweeties situation. I am wondering how other people had the common sense to know they could not leave the country to sell their house or make arrangements.

This is a compelling discussion.

theron,

Yes these interviewers have families - families that they have to support. So they do what their job requires them to do, which is to enforce US immigration law.

You expect a CBP officer to sacrifice their job so that a person who cannot meet the requirements for entry can make a visit?

Yodrak

Ouch.

And the thing is that these interviewers have families too. You'd think they would show a little heart.

.....

Yodrak,

You don't go directly to jail for forgetting the case of soda beneath the shopping cart. I am saying that not all circumstances for these interviews can be that vague. Considering what Sweetie had to say in her reply, I think they knew better and were messing with her, by manipulating what she'd said. This would be a very upsetting circumstance for you or I if we missed a step, or did not calculate our words and someone broke up our family.

Sweetie,

I am a little confused about "Port of Entry." Are you saying that if I pick up my fiancee more than once at the same airport, that diminishes the validity or legality of my Las Vegas proposal? She visits here a lot, by her own expense.

Thanks for everyones replies, both positive and negative.

I am sure a few of us are going to be missing our fiance(e) during the holidays.

But we can all plan for next Christmas, right?

Best wishes and happy holidays.

Now I need to tell my story.

I went to USA two times for a visit. Third time Mike proposed to me in Las Vegas as a surprise.

I went back to my homeland with plans about searching for K-1 visa the legal way.

And everything was ok.

We started this proces, and in this meantime I would visit him again on my normal passport.

This fourth time went to be the most stupid thing that we did for our proces.

As a big surprise the officer at the POE asked me, ok when is the wedding.

Then I was stupid and naiv and told him as soon I will get my visa.

This here is only a visit.

And I was just honest that I thought I could be.

Worse was that I had just lost my job, just moved to my parents place, because I wanted to save up for our future instead of paying an expensive apartment.

And ofcause this officer saw me with intent to stay in USA.

He sended me back again for another 11 hours over the atlantic, and worse was that I did never see my fiance.

My I-129 was approved 1 year later in California. So actually it seems that they could forgive it.

I guess it's very importent that I did never overstay.

It is one and a half year ago we started and still not approved for a K-1 visa.

After the interview I had new complications.

But this I guess is for another topic.

With my little story I just want you to be very careful.

We wasn't prepared for all this since we back this time didn't now about anything.

I wish we knew this VJ for a long time ago

Good luck with your journey.

Sweetie

Ouch.

And the thing is that these interviewers have families too. You'd think they would show a little heart.

What is POE?

That's because it is a twisted piece of immigration legislation. Yes, you can marry in the US. Yes you can adjust status from a tourist visa and stay in the US afterwards. The issue comes in when there is "intent to immigrate". It would be considered fraud if one enters the US (on a tourist visa) with intent to marry and remain in the US. If someone enters the US without intent to stay, happens to get married and then stay and adjust status, then that isn't considered fraud. I'm sure it's abused. Anyway, do some reading around and try to find a lawyer for a consultation. If she is not yet in the US (earlier it sounded as if she was, but now upon rereading it doesn't sound like it), then you should probably file a K-1, because it sounds as if YOUR intent is for her to come on a tourist visa, get married and stay and that (in my mind) would be the same as her intending to stay.

Another option: You can get married in the US. She can go home and you can follow one of the other routes provided for her to immigrate.

As I stated, it is intended to be a surprise. While looking at the Vegas hotel websites, I saw a lot of them had lovely chapels. The one at Excalibur really took my imagination. I can just see us exploring the hotel and happening upon that chapel, and I ask her to marry me now.

It is not her intent to marry me in Vegas because she does not know about it yet. BUT she does intend to marry me someday in the near future... enchiladas are burning.... brb

She will have to sort out her affairs then, from here, it sounds.

Uh... both of those responses sound very contrasting.

P.S.

Both our families and friends know we want to marry each other, but we have not cemented a date.

I guess, in retrospect, I am concerned what the powers-that-be will consider as fraud.

I WISH we could elope... our 'small wedding' plans are getting complicated. Bah.

Jen

LOL! EXACTLY! That is precisely one of the benefits in my mind for proposing in Vegas!

I am thinking of proposing to my sweety when we go in April! The chapel at the Excalibur hotel looks really neat!

Just use the drive up window. Dont even have to get out of your car. Now what could be easier and un-complicated. Dont remember the name of the place, but its downtown.

good idea. then the bride can give the groom the honeymoon while he's driving away

LMAO!!!

Hello!

During a recent visit, I proposed to my long-term girlfriend. She lives in the Bahamas and frequently travels to see me and spend time. We met through a dating site.

I am planning a trip for both of us to Las Vegas, and I am planning to surprise her with a proposal of marriage, and I am planning to marry that sweet. wonderful, sexy woman. I called the marriage bureau in Las Vegas, told the clerk my intent and explained she is from the Bahamas. No problem. She just needs to have her tourist visa on hand. Then I called the chapel in the hotel where we will stay, and they just need a couple hours notice to perform a marriage. All green lights.

While wondering what would happen AFTER we are married, I wound up writing emails to a couple of marriage lawyers, who wanted money upfront for "yes and no" questions. One lawyer emailed me a K-1 starter form thingy, which I filled out, but no processing will take place until I pay. I am not sure if that was even necessary because the K-1 sounds like a prerequisite for people without a visa to marry abroad.

I DO want to make sure her life doesn't become a disaster by accepting marriage now. We are both saving money for the wedding.

Each drive back to the airport gets more and more dreadful. The last 2 partings were with tears and the last one, we almost delayed. Not being able to clear vacations for Christmas is really hard on both of us, which I know some of you are enduring those blues as well.

Questions:

If she agrees to marry me in Vegas, can she stay permanently during the ensuing processes? Can she leave if she wanted to personally manage affairs back home or to work a little longer while waiting for .... AOS, EAD, and other abbreviations?

I know she is very independent and will not want to wait long for work. As their seem to be variables for some situations. If she accepts marriage in Vegas and we file necessary papers at home with a lawyer, like the AOS and EAD, will she be able to seek professional employment in a few months?

DO I have to start a K-1 process too? She has a tourist visa and can be anywhere she wants to be... I think.

What will the governing bodies be looking for, as far as such a marriage is concerned?

We miss each other more and more, but are trying to be practical... and I am thinking of saying, "screw practicality, screw the big wedding we are saving for, let's just elope!!! I want you!!!" Personally, I don't care what my relatives think... I can afford to take care of her ...if she will let me. I think she will as long as the employment goal is reasonable.

So, that is my story. Thanks for reading my post. I look forward to hearing from you.

Merry Christmas and Happy Holidays!!!