marriage or wait 4 fiancee visa??

[Corinthians 7]

3. Wait to marry and file for fiance visa now. The downside to this is that after entering the US on the visa, you have 90 days to get married, then you file to adjust status, which takes a bit of time and more money. You can't work, get a driver license, Social Security card, etc. until that is done.

My advice would be option 2, if you can't do that, then option 1.

This is not true. K1 can work and get a social security number, drivers license etc. before AOS. We applied before we got married for a SSN with no problems. Once you have that, you can get ID etc. JFK stamped our I-94 with "authorized to work".

Double check everything you read on VJ.

[Corinthians 7]

If you do get married in August, it's perfectly ok, but remember that if they ask you whether you entered the US with the intention of getting married, you have to say NO! It's legal to get married in the US as a tourist but it's not ok to plan it. It's kinda ridiculous and seems like it doesn't matter but they do ask about that during the interview!

This also isn't true. You have stated that you want to get married; if you come here and do it, it is illegal. That's why this person is telling you to lie.

If you were here, met some random person and decided to get married or were here as a student, met someone and got married that would be different.

Just be careful, trying to game the system can come back to haunt you. Nobody needs their wife or husband to be banned from the US because they tried to fool the government.

[jessie1970 0]

If you do get married in August, it's perfectly ok, but remember that if they ask you whether you entered the US with the intention of getting married, you have to say NO! It's legal to get married in the US as a tourist but it's not ok to plan it. It's kinda ridiculous and seems like it doesn't matter but they do ask about that during the interview!

thank you x seems we hit a bit of a brick wall though.... at moment i have just been made redundant so am having to claim benefits as have a young daughter... thinking abt it if we marry my husband would have to support us plus maintain our home in us too which would just be too much... its seems crazy as if allowed in one country be one home to look after not 2 .... this suddenly came to me this evening ... feeling really low with it all right now and with losing my job etc sorry x

[Kathryn41 3,205]

If you do get married in August, it's perfectly ok, but remember that if they ask you whether you entered the US with the intention of getting married, you have to say NO! It's legal to get married in the US as a tourist but it's not ok to plan it. It's kinda ridiculous and seems like it doesn't matter but they do ask about that during the interview!

It is a violation of TOS for Visa Journey to suggest, encourage or condone any type of illegal activity. Lying to Immigration about your intent to avoid pursuing the proper visa route is misrepresentation and punishable by a lifetime ban from the US. Do NOT suggest to anyone here that they lie to immigration. This is totally not acceptable.

Edited July 12, 2009 by Kathryn41

[Kathryn41 3,205]

3. Wait to marry and file for fiance visa now. The downside to this is that after entering the US on the visa, you have 90 days to get married, then you file to adjust status, which takes a bit of time and more money. You can't work, get a driver license, Social Security card, etc. until that is done.

My advice would be option 2, if you can't do that, then option 1.

This is not true. K1 can work and get a social security number, drivers license etc. before AOS. We applied before we got married for a SSN with no problems. Once you have that, you can get ID etc. JFK stamped our I-94 with "authorized to work".

Double check everything you read on VJ.

Actually since there are new requirements with the most recent I-9 that employers have to use to verify the employability of anyone they hire, K-1s are no longer able to work prior to getting their AOS or EAD. They are work-authorized WITH permission from USCIS, however the I-9 now lists an EAD - the authorization stamp is no longer accepted. It is not possible, however, to apply for and receive an EAD before the I-94 expires - and any EAD issued prior to AOS will be based on the I-94 issued at entry. K-1 is work authorized in order to get a social security number since some States require a SSN before they will issue a marriage license; it is not work authorized so that the immigrant can work.

With many states recently passing new legislation trying to prevent issuing Driver's Licenses to illegal immigrants, many will only issue Driver's Licenses if you have an immigration document that is valid for at least 1 year, and the DL will be expire the same date as the immigrant document. That means that in many states it is no longer possible to get a driver's license before filing for AOS and obtaining eitheran EAD or green card as the I-94 is only valid for 90 days.

Edited July 12, 2009 by Kathryn41

[Lancelotte25 1]

You can't marry your fiance in the US unless you have the K-1 Visa. About the DCF, she can file for it if she is domicile in the UK, but I don't know what is the policy in the US Embassy UK, here in Saudi your fiancee or spouse can file for DCF is she/he is living in the Kingdom for at least 6 months.

[SandLand 1]

Interesting..... One of my co-workers just married his Filipino wife, who was on a tourist visa to the US. They will be doing their I-130 DCF petition next month. I wonder how the consular will react to her getting married in the US while on a tourist visa.

[canadian_wife 1,818]

Actually, coming to the US to marry is not a problem. Lots of people do it and it is perfectly legal to come to the US without a K-1 with the intentions of getting married.

As long as no tourist visa is being voilated, the foreigner must return to the home country to complete the process.

You can't marry your fiance in the US unless you have the K-1 Visa. About the DCF, she can file for it if she is domicile in the UK, but I don't know what is the policy in the US Embassy UK, here in Saudi your fiancee or spouse can file for DCF is she/he is living in the Kingdom for at least 6 months.

[rebeccajo 14]

If you do get married in August, it's perfectly ok, but remember that if they ask you whether you entered the US with the intention of getting married, you have to say NO! It's legal to get married in the US as a tourist but it's not ok to plan it. It's kinda ridiculous and seems like it doesn't matter but they do ask about that during the interview!

It is a violation of TOS for Visa Journey to suggest, encourage or condone any type of illegal activity. Lying to Immigration about your intent to avoid pursuing the proper visa route is misrepresentation and punishable by a lifetime ban from the US. Do NOT suggest to anyone here that they lie to immigration. This is totally not acceptable.

I don't think Agnieska violated the TOS. I think she was more wrong than purposely giving out information in an intentional violation of TOS.

It is legal to get married in the US as a tourist. And it is OK to plan it.

What is not OK is to enter the US with intent to get married (planned or not) and then just stay here intentionally and adjust status via marriage to a US citizen.

This would not be "OK" because you would have had to lie to a Customs and Border Agent to accomplish it.

And I think that is the part of the post Kathryn is correcting.

To the OP - when you come over in August, I'd suggest you not wear your 'faux' wedding band. I'd also suggest you be careful in referring to your fiance as your 'husband' as you did in a post above. You are not married and your habits could actually cost you admission to the US on your next visit. If a CBP officer thinks you are lying to them about your marital status - if they think you are married and trying to get into the US permanently on that visit - they might turn you around.

I would also suggest you weigh carefully the TOTAL costs of your immigration to the US vs. drawing your UK childcare benefits, jobseekers allowance, housing allowance and any other benefits you are drawing because of your redundancy. You mention having two children - are these children following you to the US? If so you need calculate the cost of their immigration here also. They do not piggyback for free on your application.

[rebeccajo 14]

Interesting..... One of my co-workers just married his Filipino wife, who was on a tourist visa to the US. They will be doing their I-130 DCF petition next month. I wonder how the consular will react to her getting married in the US while on a tourist visa.

They will be filing I-130 and I-485 next month while she stays in the US and adjusts her status?

Or they both went back to the Philippines and are filing DCF there?

Either way they will likely be fine.

[Lancelotte25 1]

Interesting..... One of my co-workers just married his Filipino wife, who was on a tourist visa to the US. They will be doing their I-130 DCF petition next month. I wonder how the consular will react to her getting married in the US while on a tourist visa.

DCF (Direct Consular Filing) is filing immigrant visa to the Embassy or Consulate of the United States where the US citizen is domicile for a certain period of time, for example if he or she is in the Military services automatically she/he is domiciled to that foreign country. The US citizen can file for a petition to her/his spouse without going back to the States. Am I right guys?

Edited July 12, 2009 by Lancelotte25