Fiancee | Spouse Visa Process question

[volum 0]

My fiancee and I are planning on bringing her from Belgium into the US in Jan 2007.

We've both been studying a lot of the various applications, and looking at all options including Fiancee status as well as Spousal status. We're open to either staying engaged, or getting married in Belgium or here before bringing her into the US

.

What hasn't been very clear to me, is if it is possible for her to stay here in the US while we are going through the entire process? Maybe I'm saying what's been said 1,000 times, but it seems like a horrible drag to be apart when we are first married.

Are there other ways to go about this where she can stay in the US? Is being a Spouse easier than a Fiancee? I know that if she comes on a Fiancee visa, we have to get married within 90 days, but after that marriage takes place, does she have to go back to Belgium? How long does the process take to get the Fiancee visa?

Any info or help is so much appreciated, so thank you in advance

[Lona.C. 16]

My fiancee and I are planning on bringing her from Belgium into the US in Jan 2007.

We've both been studying a lot of the various applications, and looking at all options including Fiancee status as well as Spousal status. We're open to either staying engaged, or getting married in Belgium or here before bringing her into the US

.

What hasn't been very clear to me, is if it is possible for her to stay here in the US while we are going through the entire process? Maybe I'm saying what's been said 1,000 times, but it seems like a horrible drag to be apart when we are first married.

Are there other ways to go about this where she can stay in the US? Is being a Spouse easier than a Fiancee? I know that if she comes on a Fiancee visa, we have to get married within 90 days, but after that marriage takes place, does she have to go back to Belgium? How long does the process take to get the Fiancee visa?

Any info or help is so much appreciated, so thank you in advance

as you already know with the fiance visa she will have to apply in her country for her K1 and have the interview there then come here get married within 90 days she dont have to leave once you guys are married you file for the AOS , as to how long the process you could ask for it in belgium forum ,( I know europe usualy has fast interview aprox 2-3 month from sending package 3) I also heard you could bring her on a tourist visa without intention of marriage get married while she visits you then file for AOS and I 130 and she can stay with you during that process , as to how it all works maybe someone ( like yu and dan hes a great adviser ) can give you more info

[YuAndDan 153]

You may want to do a little more reading.

If a fiancee enters the USA on a K-1 and marries within the 90 days, you then file for AOS, and the now spouse can remain in the USA until a decision is made on the AOS, which can be months to years after filing for AOS.

If you the US Citizen are living in the USA then go for the K-1 it is the quickest to process.

Edited July 25, 2007 by YuAndDan

[john_and_marlene 162]

I also heard you could bring her on a tourist visa without intention of marriage get married while she visits you then file for AOS and I 130 and she can stay with you during that process

Be careful what advice you give out. Knowingly enterring the U.S. on a tourist visa with the intent to remain and adjust status is visa fraud.

[Lona.C. 16]

I also heard you could bring her on a tourist visa without intention of marriage get married while she visits you then file for AOS and I 130 and she can stay with you during that process

Be careful what advice you give out. Knowingly enterring the U.S. on a tourist visa with the intent to remain and adjust status is visa fraud.

Thats exactly why I said i heard about it but , as you can see I send him to someone with a lot more experience in visas (yu and dan ) then I do ( I allways take yu and dans advise he seams to know what hes talking about and as for now when i took his advise it allways came out correct ) , just to make sure he gets the advise he needs ,

[john_and_marlene 162]

I also heard you could bring her on a tourist visa without intention of marriage get married while she visits you then file for AOS and I 130 and she can stay with you during that process

Be careful what advice you give out. Knowingly enterring the U.S. on a tourist visa with the intent to remain and adjust status is visa fraud.

Thats exactly why I said i heard about it but , as you can see I send him to someone with a lot more experience in visas (yu and dan ) then I do ( I allways take yu and dans advise he seams to know what hes talking about and as for now when i took his advise it allways came out correct ) , just to make sure he gets the advise he needs ,

In that case it would have been safer to simply direct him to the source rather than speculate. Offering advice that violates the law is against the TOS of this forum. It isn't any less fraud because the advice was given in good faith. It's dangerous.

[YuAndDan 153]

I also heard you could bring her on a tourist visa without intention of marriage get married while she visits you then file for AOS and I 130 and she can stay with you during that process

Be careful what advice you give out. Knowingly entering the U.S. on a tourist visa with the intent to remain and adjust status is visa fraud.

Yep using a visa type for a purpose other than what it was intended for is visa fraud. Visitors visas are for visitors, not fiancees, that is why there is a K-1 visa.

The K-1 is the correct visa to apply for in this situation, the OP is already engaged, and considering the options, so in this case they already have intent.

[*JG* 2]

Is this a copy of an old post or did you mean 2008?

[Lona.C. 16]

I also heard you could bring her on a tourist visa without intention of marriage get married while she visits you then file for AOS and I 130 and she can stay with you during that process

Be careful what advice you give out. Knowingly enterring the U.S. on a tourist visa with the intent to remain and adjust status is visa fraud.

Thats exactly why I said i heard about it but , as you can see I send him to someone with a lot more experience in visas (yu and dan ) then I do ( I allways take yu and dans advise he seams to know what hes talking about and as for now when i took his advise it allways came out correct ) , just to make sure he gets the advise he needs ,

In that case it would have been safer to simply direct him to the source rather than speculate. Offering advice that violates the law is against the TOS of this forum. It isn't any less fraud because the advice was given in good faith. It's dangerous.

In that case please ignore my advise I had no idea of the consequences , i did how ever read it in another forum that some one advised it , am sorry for the missinformation and thank you for clearing that up for me john and yu , , as I said please ignore my comand just wanted to help , I guess help can hurt when you think the wrong is right , ( blushin ) Lona

[Mononoke28 134]

Regardless of what type of visa you pursue K1/K3, you still have to be apart while the whole thing is processed. It's a drag we all have to deal with.

[volum 0]

Regardless of what type of visa you pursue K1/K3, you still have to be apart while the whole thing is processed. It's a drag we all have to deal with.

Thank you all very much for such quick and accurate replies.

Yes, this was a typo, as she is coming here in January 2008 (not 2007). I'm still finally adjusting to the whole "07" thing =]

I guess my next question is, if someone comes on a normal tourist visa, but then meets and marries someone while they are here, without ever intending to do so, is this also a violation or visa fraud? I mean, if you didn't know before you got here, but fell in love and married while you're here, how can this be preventable or knowable?

(the above question wasn't my trying to go around the law, it was actually more of a curiosity, as we have always lived our lives in compliance with law, not just for our peace of mind, but also for our parents as well)

Thanks again gang, this forum was a bit difficult to find, but the easiest answers to a lot of complex questions.

[john_and_marlene 162]

Regardless of what type of visa you pursue K1/K3, you still have to be apart while the whole thing is processed. It's a drag we all have to deal with.

Thank you all very much for such quick and accurate replies.

Yes, this was a typo, as she is coming here in January 2008 (not 2007). I'm still finally adjusting to the whole "07" thing =]

I guess my next question is, if someone comes on a normal tourist visa, but then meets and marries someone while they are here, without ever intending to do so, is this also a violation or visa fraud? I mean, if you didn't know before you got here, but fell in love and married while you're here, how can this be preventable or knowable?

(the above question wasn't my trying to go around the law, it was actually more of a curiosity, as we have always lived our lives in compliance with law, not just for our peace of mind, but also for our parents as well)

Thanks again gang, this forum was a bit difficult to find, but the easiest answers to a lot of complex questions.

If they met here and wanted to get married, there is no problem. The entire issue is what the intent was when the tourist visa was used to enter the U.S. If they truly intended to just visit, but met someone and married, they can adjust status--there was no fraudulent entry. If you use the tourist visa knowing that you intend to get married and adjust status, then you have used a tourist visa with the intent of immigration and that is fraud.

[C and J 1]

I always find it hard to believe that a couple who have been together for any length of time would suddenly, on the spur of the moment, decide they want to get married. Maybe I'm just too methodical and too reliant on pre-planning (marriage license, person to perform the ceremony, witnesses) but I don't see "spur of the moment" happening to someone entering on the tourist visa (who is already in the relationship). Especially if it is not the persons first visit to see their partner. It's not really something you can prove or disprove I suppose (other than evidence to show you were going to leave).

Do the USCIS actually ask for proof that the decision was spontanious? I would have thought that this type of entry (especially on a tourist visa when compared against, say, an employment or student visa) would flash warning lights somewhere.