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Filed: Other Country: Pakistan
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Posted

Hello everyone,

I am asking a question on behalf of my aunt. She has a visiting visa for the United States. She has visited the U.S. in the past on that visa. She is now planning on getting married a U.S. citizen who lives in the United States but she is currently in Pakistan. I wanted to know where would be the best place to get married. Does she get married in Pakistan and have her soon to be husband fly there and file the I-130 petition. Or should she enter the United States on the visiting Visa she currently has and then get the wedding done in the United States. If she goes that route will she be allowed to stay in the United States and form will she have to fill out then. Another option I found was to have her enter the U.S. on a finance visa and then get married here but what happens to her visiting visa?....

Sorry guys I have asked a lot of questions here but hopefully I can get some direction. By the way calling the USCIS number just took me to a big long loop hole and doesn't help at all.

Regards,

Salman

Posted
Hello everyone,

I am asking a question on behalf of my aunt. She has a visiting visa for the United States. She has visited the U.S. in the past on that visa. She is now planning on getting married a U.S. citizen who lives in the United States but she is currently in Pakistan. I wanted to know where would be the best place to get married. Does she get married in Pakistan and have her soon to be husband fly there and file the I-130 petition. Or should she enter the United States on the visiting Visa she currently has and then get the wedding done in the United States. If she goes that route will she be allowed to stay in the United States and form will she have to fill out then. Another option I found was to have her enter the U.S. on a finance visa and then get married here but what happens to her visiting visa?....

Sorry guys I have asked a lot of questions here but hopefully I can get some direction. By the way calling the USCIS number just took me to a big long loop hole and doesn't help at all.

Regards,

Salman

if she gets married in the US she'll have to apply for adjustment of status.Than she'll have to proove that her intention wasn't to immigrate and to get married to an american citizen

The k1 fiance visa is easyer to get(must not get married before she enters the US)

If they're getting married in other country but the US, they're going to apply for a mariage based visa K3

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Filed: K-1 Visa Country: Japan
Timeline
Posted
Or should she enter the United States on the visiting Visa she currently has and then get the wedding done in the United States.

If she did that it would be considered visa fraud. She would have to prove to them she had no intention of marrying when she entered the U.S. (lie). She needs a K-1 fiance visa if she wants to get married here. The K-3 marriage visa is similar to the K-1, but she can't apply until after they are married abroad. Then she has to wait months until the visa is approved before she could enter the U.S. It probably takes a little longer than the K-1. After she enters on a K-1 or K-3 and is legally married she'll have to apply for an Adjustment of Status to get permission to stay.

Another option is an immigrant-based marriage visa, which will get her visa (permission to enter) and green card (permission to stay) all at once. This takes longer than both the K-1 and K-3, UNLESS her USC fiance is living in her country and has been for awhile (usually 6 months) AND her embassy/consulate offers what is unofficially called Direct Consular Filing. DCF is definitely the best option if it is available and they meet the requirements.

Complicated, isn't it? All this stuff is posted on this website. Just look around.

2008-03-01 Sent I-129F via Express mail

2008-03-03 I-129F package received at VSC mailroom

2008-03-04 NOA1

2008-03-06 Touched

2008-03-20 Touched

2008-03-21 Touched

2008-03-23 Touched

2008-04-02 Touched, then approved!!

2008-05-16 Medical Exam

2008-06-16 Interview...VISA APPROVED!!!

Igor's Lists

Filed: Citizen (apr) Country: Ethiopia
Timeline
Posted

Very hard to prove... A person could say, I" still had my job, I still own a house, bank account, I only took 1 suitcase of clothes" ..etc. But Knowing the rules, I bet that person would not leave the US because they couldn't get back in legally. I think a reasonable person who was not trying to get around the rules would go back to their country settle business and get their belongs had the been married unexpectedly. But not doing going back to settle your affairs it kinda of shows evidence that you really knew what you were doing. Its hard to prove you didn't intend something. Its best to avoid the situation all together.

 
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