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Filed: Country: Canada
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Posted

So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

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Posted
So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

From what I have learnt in this experience of mine, if you enter the U.S. with the INTENTION of marrying, then this is known as FRAUD; you are not entering as a visitor/guest.

However, in the end the only people you will have to convince that you did not intend to marry when you went to the U.S. is at the interview upon your adjustment of status (to U.S. permanent resident).

Does this all make sense??

I know of people that did marry when they were visiting the U.S. and did their AOS while in the U.S....if in doubt, sometimes a good lawyer is most helpful. ;)

SpiritAlight edits due to extreme lack of typing abilities. :)

You will do foolish things.

Do them with enthusiasm!!

Don't just do something. Sit there.

K1: Flew to the U.S. of A. – January 9th, 2008 (HELLO CHI-TOWN!!! I'm here.)

Tied the knot (legal ceremony, part one) – January 26th, 2008 (kinda spontaneous)

AOS: Mailed V-Day; received February 15th, 2007 – phew!

I-485 application transferred to CSC – March 12th, 2008

Travel/Work approval notices via email – April 23rd, 2008

Green card/residency card: email notice of approval – August 28th, 2008 yippeeeee!!!

Funny-looking card arrives – September 6th, 2008 :)

Mailed request to remove conditions – July 7, 2010

Landed permanent resident approved – August 23rd, 2010

Second funny looking card arrives – August 31st, 2010

Over & out, Spirit

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

You might want to check out this recent thread:

http://www.visajourney.com/forums/index.php?showtopic=103991

Filed: Country: Canada
Timeline
Posted

Right - I even have my flight back to Canada from Las Vegas.

We were both in Colombia for a wedding (our best friend was getting married), and then through Vegas (for some fun), and then I'm back home. But now that I'm here (and possibly feeling the effects of the wedding) I think maybe its time to just get it done :)

But if I understand right - if I stay here, get married, I have to apply for a K3 in here right? Sorry, can't figure out what AOS means :)

Filed: Timeline
Posted

You can file for AOS and remain here in the USA while it is being processed as long as you did not have intent to enter the US and remain.... if you planned to return but now have decieded to get married and remain then you can....

It is a good idea to have a meeting with a immigration lawyer to go over your case and make sure there is nothing that will cause you issues later on...

Kez

Posted
So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

From what I have learnt in this experience of mine, if you enter the U.S. with the INTENTION of marrying, then this is known as FRAUD; you are not entering as a visitor/guest.

However, in the end the only people you will have to convince that you did not intend to marry when you went to the U.S. is at the interview upon your adjustment of status (to U.S. permanent resident).

Does this all make sense??

I know of people that did marry when they were visiting the U.S. and did their AOS while in the U.S....if in doubt, sometimes a good lawyer is most helpful. ;)

Not quite right. You can come to the US on a visitor visa and get married. You just cannot stay here and adjust status based upon that marriage. You will need to secure a spousal visa and enter the US w/ that.

The OP's situation is quite OK and if they wish to pursue that route, I don't see why they can't do it. They wanna go to Las Vegas and get married, upon which they will apply for a K-3 Spousal Visa. During the wait the OP will wait here w/ her husband...and return to the country of origin for the Visa interview. Once granted the OP will enter the US w/ the spousal K-3 visa. It is OK to do it this way...nothing fraudulent or illegal about it.

funny-dog-pictures-wtf.jpg
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)
Right - I even have my flight back to Canada from Las Vegas.

We were both in Colombia for a wedding (our best friend was getting married), and then through Vegas (for some fun), and then I'm back home. But now that I'm here (and possibly feeling the effects of the wedding) I think maybe its time to just get it done :)

But if I understand right - if I stay here, get married, I have to apply for a K3 in here right? Sorry, can't figure out what AOS means :)

Adjustment of Status:

Step-by-Step Guide on How to File an I-130 for a Spouse Inside the US

So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

From what I have learnt in this experience of mine, if you enter the U.S. with the INTENTION of marrying, then this is known as FRAUD; you are not entering as a visitor/guest.

However, in the end the only people you will have to convince that you did not intend to marry when you went to the U.S. is at the interview upon your adjustment of status (to U.S. permanent resident).

Does this all make sense??

I know of people that did marry when they were visiting the U.S. and did their AOS while in the U.S....if in doubt, sometimes a good lawyer is most helpful. ;)

Not quite right. You can come to the US on a visitor visa and get married. You just cannot stay here and adjust status based upon that marriage. You will need to secure a spousal visa and enter the US w/ that.

The OP's situation is quite OK and if they wish to pursue that route, I don't see why they can't do it. They wanna go to Las Vegas and get married, upon which they will apply for a K-3 Spousal Visa. During the wait the OP will wait here w/ her husband...and return to the country of origin for the Visa interview. Once granted the OP will enter the US w/ the spousal K-3 visa. It is OK to do it this way...nothing fraudulent or illegal about it.

As Spirit and Kezzie mentioned, it might be quite OK for them to simply adjust status, we don't know enough about the OP's intent to say at this point :)

Edited by trailmix
Filed: Timeline
Posted
Right - I even have my flight back to Canada from Las Vegas.

We were both in Colombia for a wedding (our best friend was getting married), and then through Vegas (for some fun), and then I'm back home. But now that I'm here (and possibly feeling the effects of the wedding) I think maybe its time to just get it done :)

But if I understand right - if I stay here, get married, I have to apply for a K3 in here right? Sorry, can't figure out what AOS means :)

AOS = Ajustment of Status

you would not file for K3 if you did you would have to leave the US and return to your own country for processing and then once approved you could come back and then file for AOS....

Have a read of the guides... http://www.visajourney.com/forums/index.ph...page=i130guide2

It would only be fraud if you planned to enter the US and get married and remain...

Kez

Filed: Timeline
Posted (edited)
So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

From what I have learnt in this experience of mine, if you enter the U.S. with the INTENTION of marrying, then this is known as FRAUD; you are not entering as a visitor/guest.

However, in the end the only people you will have to convince that you did not intend to marry when you went to the U.S. is at the interview upon your adjustment of status (to U.S. permanent resident).

Does this all make sense??

I know of people that did marry when they were visiting the U.S. and did their AOS while in the U.S....if in doubt, sometimes a good lawyer is most helpful. ;)

Not quite right. You can come to the US on a visitor visa and get married. You just cannot stay here and adjust status based upon that marriage. You will need to secure a spousal visa and enter the US w/ that.The OP's situation is quite OK and if they wish to pursue that route, I don't see why they can't do it. They wanna go to Las Vegas and get married, upon which they will apply for a K-3 Spousal Visa. During the wait the OP will wait here w/ her husband...and return to the country of origin for the Visa interview. Once granted the OP will enter the US w/ the spousal K-3 visa. It is OK to do it this way...nothing fraudulent or illegal about it.

Your statement is wrong.......

Yes you can come here on a tourist visa and get married and then stay and file for AOS..... as long as you did not plan to do it that way when you entered the US....

I know I did it....... along with 1000's of others....

Kez

Edited by Kezzie
Posted
So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

From what I have learnt in this experience of mine, if you enter the U.S. with the INTENTION of marrying, then this is known as FRAUD; you are not entering as a visitor/guest.

However, in the end the only people you will have to convince that you did not intend to marry when you went to the U.S. is at the interview upon your adjustment of status (to U.S. permanent resident).

Does this all make sense??

I know of people that did marry when they were visiting the U.S. and did their AOS while in the U.S....if in doubt, sometimes a good lawyer is most helpful. ;)

Not quite right. You can come to the US on a visitor visa and get married. You just cannot stay here and adjust status based upon that marriage. You will need to secure a spousal visa and enter the US w/ that.

The OP's situation is quite OK and if they wish to pursue that route, I don't see why they can't do it. They wanna go to Las Vegas and get married, upon which they will apply for a K-3 Spousal Visa. During the wait the OP will wait here w/ her husband...and return to the country of origin for the Visa interview. Once granted the OP will enter the US w/ the spousal K-3 visa. It is OK to do it this way...nothing fraudulent or illegal about it.

OOOOPS

Let me clarify.

IF you entered the U.S. as a visitor, and you met someone and you got married then you have done nothing illegal.

If you already knew each other, and then you enter the U.S. and get married, then this is not looking too good for you.

AOS = adjustment of status (from visitor to resident)

Right VJers??

SpiritAlight edits due to extreme lack of typing abilities. :)

You will do foolish things.

Do them with enthusiasm!!

Don't just do something. Sit there.

K1: Flew to the U.S. of A. – January 9th, 2008 (HELLO CHI-TOWN!!! I'm here.)

Tied the knot (legal ceremony, part one) – January 26th, 2008 (kinda spontaneous)

AOS: Mailed V-Day; received February 15th, 2007 – phew!

I-485 application transferred to CSC – March 12th, 2008

Travel/Work approval notices via email – April 23rd, 2008

Green card/residency card: email notice of approval – August 28th, 2008 yippeeeee!!!

Funny-looking card arrives – September 6th, 2008 :)

Mailed request to remove conditions – July 7, 2010

Landed permanent resident approved – August 23rd, 2010

Second funny looking card arrives – August 31st, 2010

Over & out, Spirit

Posted
So - I'm visiting my fiancee (she is dual American/Canadian) and we are off to Las Vegas next week - and we are thinking of tying the knot.

Since I can work online, we've been thinking of just getting married and applying for a visa (K3 yes?) - which wouldn't really disrupt my work.

Good or bad idea?

From what I have learnt in this experience of mine, if you enter the U.S. with the INTENTION of marrying, then this is known as FRAUD; you are not entering as a visitor/guest.

However, in the end the only people you will have to convince that you did not intend to marry when you went to the U.S. is at the interview upon your adjustment of status (to U.S. permanent resident).

Does this all make sense??

I know of people that did marry when they were visiting the U.S. and did their AOS while in the U.S....if in doubt, sometimes a good lawyer is most helpful. ;)

Not quite right. You can come to the US on a visitor visa and get married. You just cannot stay here and adjust status based upon that marriage. You will need to secure a spousal visa and enter the US w/ that.The OP's situation is quite OK and if they wish to pursue that route, I don't see why they can't do it. They wanna go to Las Vegas and get married, upon which they will apply for a K-3 Spousal Visa. During the wait the OP will wait here w/ her husband...and return to the country of origin for the Visa interview. Once granted the OP will enter the US w/ the spousal K-3 visa. It is OK to do it this way...nothing fraudulent or illegal about it.

Your statement is wrong.......

Yes you can come here on a tourist visa and get married and then stay and file for AOS..... as long as you did not plan to do it that way when you entered the US....

I know I did it....... along with 1000's of others....

Kez

Yes, you're right, intent is the key....though irrelevant to the situation the OP is posing as they intend to apply for a spousal visa to re-enter the US. The foreign spouse will leave the US after the marriage to then enter w/ the proper visa. Intent does not play a role in this scenario.

-P

funny-dog-pictures-wtf.jpg
Filed: Country: Canada
Timeline
Posted

You can't know each other? That is a new one.

My girlfriend/fiancee has been in the US for over two years, and I've come in (and left) to meet her 3 different times. I don't see how my intent was to marry when I've come in before and never married.

Now that I am in the US, I am thinking of doing what Kezzie said - get married, apply for AOS, and not leave until approved. Since I work online, I have no big commitment back home (and the place I lived in is owned by my roommate anyway).

P&M - I was confused, Kezzie is right. If we can just stay in here and apply for AOS, that is what I will do. No need to go to Canada again.

Posted (edited)
You can't know each other? That is a new one.

My girlfriend/fiancee has been in the US for over two years, and I've come in (and left) to meet her 3 different times. I don't see how my intent was to marry when I've come in before and never married.

Now that I am in the US, I am thinking of doing what Kezzie said - get married, apply for AOS, and not leave until approved. Since I work online, I have no big commitment back home (and the place I lived in is owned by my roommate anyway).

P&M - I was confused, Kezzie is right. If we can just stay in here and apply for AOS, that is what I will do. No need to go to Canada again.

Dear Liquid, the thing is is you look perfectly guilty.

You are already engaged AND you will enter with the intent to marry.

If you knew eachother, but had not developed such ideas yet, and then you spent some time in the U.S. (legally as a visitor), and you got married: this is OKAY.

Do you see the difference?

The story you tell the authorities is critical to your not being deported....and one of two things can happen: they either allow your U.S. spouse to file the paperwork whilst you wait back home, OR you get barred for a long time!!!

Please be careful.

Edited by SpiritAlight

SpiritAlight edits due to extreme lack of typing abilities. :)

You will do foolish things.

Do them with enthusiasm!!

Don't just do something. Sit there.

K1: Flew to the U.S. of A. – January 9th, 2008 (HELLO CHI-TOWN!!! I'm here.)

Tied the knot (legal ceremony, part one) – January 26th, 2008 (kinda spontaneous)

AOS: Mailed V-Day; received February 15th, 2007 – phew!

I-485 application transferred to CSC – March 12th, 2008

Travel/Work approval notices via email – April 23rd, 2008

Green card/residency card: email notice of approval – August 28th, 2008 yippeeeee!!!

Funny-looking card arrives – September 6th, 2008 :)

Mailed request to remove conditions – July 7, 2010

Landed permanent resident approved – August 23rd, 2010

Second funny looking card arrives – August 31st, 2010

Over & out, Spirit

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
You can't know each other? That is a new one.

My girlfriend/fiancee has been in the US for over two years, and I've come in (and left) to meet her 3 different times. I don't see how my intent was to marry when I've come in before and never married.

Now that I am in the US, I am thinking of doing what Kezzie said - get married, apply for AOS, and not leave until approved. Since I work online, I have no big commitment back home (and the place I lived in is owned by my roommate anyway).

P&M - I was confused, Kezzie is right. If we can just stay in here and apply for AOS, that is what I will do. No need to go to Canada again.

Spirit's post is good at clarifying the differences.

I just wanted to add, there is NO problem with coming in to the U.S. with an intent to marry. The problem is coming in to the U.S. with the intent to live there - thereby bypassing the correct visa processing.

Only you two can answer that question.

Filed: Timeline
Posted
OOOOPS Let me clarify.

IF you entered the U.S. as a visitor, and you met someone and you got married then you have done nothing illegal.

If you already knew each other, and then you enter the U.S. and get married, then this is not looking too good for you.

AOS = adjustment of status (from visitor to resident)

Right VJers??

Wrong again......

I have known my now husband all my life..... it has nothing to do with how long you have known someone or even if you are already married..... it is all to do with your intent on entry..... if you did not plan to remain in the US when you arrived and then for whatever reason you changed your mind then you are allowed to file for AOS and remain....

this is available to any immediate relative who after entry with no intent to remain forever then deceides to stay and file for AOS..... BF/GF Wife/Husband, Mother/Father of a USC and of course under 21 child of a USC.....

Kez

 
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