Visa Type...Help..

[caligirl 0]

Hi Everyone,

Here is thing, my boyfriend lives in India, and he is comming to USA to meet this family through Tourist Visa... Can we get married while he is here and apply for K3 visa while he is here?

His visa is only for 2months, what happens when is visa is about to expire?

Will it be extended automatically since his k3 is on file?

Is this better way for him to stay here, or should I have him go back to India, and then apply

Thank you

[JenT 0]

You would need to file a K3 only if you were married outside of the US and were petitioning to bring him here as a spouse.

If you marry here, you can file to adjust status but he will not be able to leave the country while that is in process. The risk is... if his request to adjust is denied, he will have to return to India and will never be allowed entry into the US again....

Do your research and consider your consequences carefully.

Jen

[YuAndDan 153]

Hi Everyone,

Here is thing, my boyfriend lives in India, and he is comming to USA to meet this family through Tourist Visa... Can we get married while he is here and apply for K3 visa while he is here?

His visa is only for 2months, what happens when is visa is about to expire?

Will it be extended automatically since his k3 is on file?

Is this better way for him to stay here, or should I have him go back to India, and then apply

Thank you

Be careful USCIS is known to deny visa approval if they suspect that he came here to marry. In any case he would not be able to stay here while waiting for any marriage visa to be approved.

Your best bet is to meet him and while he is here to prepare the papers for a K1 visa, have him help you with the details and sign the G325A forms. Then he will return to India and wait for the approval of the correct visa and enter the USA with the USCIS blessing. Then get married.

It is best to follow the rules rather than risk having him bared from entry for up to 10 years.

I know how it feels the wait is long, but I am following the rules rather than getting denied a visa for my Yu.

Good luck!

[caligirl 0]

Jen,

DO you think it is better to apply w/ k-3 while he goes back to India...

Or do an adjustment change (good that he gets stay while the whole thing is in process :-) )

You would need to file a K3 only if you were married outside of the US and were petitioning to bring him here as a spouse.

If you marry here, you can file to adjust status but he will not be able to leave the country while that is in process. The risk is... if his request to adjust is denied, he will have to return to India and will never be allowed entry into the US again....

Do your research and consider your consequences carefully.

Jen

[YuAndDan 153]

Jen,

DO you think it is better to apply w/ k-3 while he goes back to India...

Or do an adjustment change (good that he gets stay while the whole thing is in process :-) )

You would need to file a K3 only if you were married outside of the US and were petitioning to bring him here as a spouse.

If you marry here, you can file to adjust status but he will not be able to leave the country while that is in process. The risk is... if his request to adjust is denied, he will have to return to India and will never be allowed entry into the US again....

Do your research and consider your consequences carefully.

Jen

You would have to travel to India and marry there to apply for the K3.

[Jersey Girl 2]

Your wish is to have him come on a tourist visa, marry and stay. Ah if only that were a good plan! Others here would all be doing it! But it's a risky, inadvisable plan as others have pointed out. Forget about what may be convenient or desirable for you and get with a program where his visa sucess is highly probable.

I'm not sure why others have not pointed this out, but it may be possible for him to come, marry at the end of his tourist visa stay, and then return home immediately. Then you could apply for K3.

(Guys, is this a plan?)

[Yodrak 7]

caligirl,

Responding to your paragraphs in order:

- Yes you can get married while he is here and yes you can submit I-130 and I-129f petitions (prerequisites for a K3 visa application) for him while he is here. He cannot appply for a K3 visa until the I-129f petition has been approved.

- When the visa is about to expire he either packs to go home or he applies to adjust status.

- No, his stay in the USA will not be automatically extened when it is about to expire. If he wants to extend his stay he must apply for an extension.

- Your last question is best discussed in a consultation with an immigration attorney. Please do so, it won't cost much.

Yodrak

Hi Everyone,

Here is thing, my boyfriend lives in India, and he is comming to USA to meet this family through Tourist Visa... Can we get married while he is here and apply for K3 visa while he is here?

His visa is only for 2months, what happens when is visa is about to expire?

Will it be extended automatically since his k3 is on file?

Is this better way for him to stay here, or should I have him go back to India, and then apply

Thank you

YuAndDan,

Not true. They can marry in the USA and then apply for a K3 (or immigrant) visa.

Yodrak

Jen,

DO you think it is better to apply w/ k-3 while he goes back to India...

Or do an adjustment change (good that he gets stay while the whole thing is in process :-) )

You would need to file a K3 only if you were married outside of the US and were petitioning to bring him here as a spouse.

If you marry here, you can file to adjust status but he will not be able to leave the country while that is in process. The risk is... if his request to adjust is denied, he will have to return to India and will never be allowed entry into the US again....

Do your research and consider your consequences carefully.

Jen

You would have to travel to India and marry there to apply for the K3.

[aussiewench 9]

Be careful USCIS is known to deny visa approval if they suspect that he came here to marry.

The USCIS does not approve or deny a visa. They approve or deny petitions. It is NOT illegal to come to the US to marry. Many of us do that, including myself. It is only illegal if there was immigrant intent on entry. If one is granted entry/inspected and is otherwise eligible, one can apply to adjust status through marriage to a USC. I have posted this now many many times in response to the same thing posted by yourself in other threads. Please hun, read responses to your posts....as that is how we learn and understand this process better.

All the best to you.

You would need to file a K3 only if you were married outside of the US and were petitioning to bring him here as a spouse.

Jen,

Whether one is married in the US or outside of the US, is of no difference when filing the petitions for a spouse. Where the marriage took place does however have a baring on where one interviews for the K-3. One must interview at the consulate in the country where marriage took place. If one marries in the US then one will interview in their country of residence.

Edited September 3, 2006 by aussiewench

[akatagirl 0]

Caligirl,

So far you have gotten really good feedback from other members but just to echo others' sentiments definitely do your research on marrying in the US and then if he decides to stay and you attempt to and adjustment of status, read about other experiences on that....

So if you decide to marry him while he's visiting the U.S. that sounds definitely within the means of the law, but him staying while you try to do an adjustment of status if you both decide to marry so he doesnt have to go back to India is where it can be a bit risky and he could get denied if the USCIS feels he came on a tourist visa under false pretenses.... but then again, as Aussiewench mentioned others have come to the U.S. in this manner and have been able to do an AOS and get approved...(My thoughts on going this route is that sometimes the easiest, quickest way is not always the foolproof way of going about it..)

Whatever you both decide to do, just know and prepare you and your future husband's minds that this visa process will take more time than you wish to endure or even comprehend..all in all, this visa process involves much research and definitely teaches the true meaning of exercising patience......

Good luck to both of you and hope you will keep us all informed about what route you decide to take!

[Buttons 0]

Jen,

DO you think it is better to apply w/ k-3 while he goes back to India...

Or do an adjustment change (good that he gets stay while the whole thing is in process :-) )

You would need to file a K3 only if you were married outside of the US and were petitioning to bring him here as a spouse.

If you marry here, you can file to adjust status but he will not be able to leave the country while that is in process. The risk is... if his request to adjust is denied, he will have to return to India and will never be allowed entry into the US again....

Do your research and consider your consequences carefully.

Jen

I married in the USA and tyhen returned to Canada to wait out the K-3.

You would have to travel to India and marry there to apply for the K3.