Already have a tourist visa - worth filing the K1?

[Tarumba 9]

I am already doing it, so I suppose there's no going back. But since the beginning, my fiance would get really weird looks from attorneys when he said I already had the tourist visa, and had had a working visa (work experience program for university students).

Sometimes I wonder, is it really worth it? I mean could i just have gone to the US, gotten married and that would be it? I mean, was it silly of us to do it the long legal way?

Edited August 28, 2008 by Tarumba

[Abby-Ron 8]

I am already doing it, so I suppose there's no going back. But since the beginning, my fiance would get really weird looks from attorneys when he said I already had the tourist visa, and had had a working visa (work experience program for university students).

Sometimes I wonder, is it really worth it? I mean could i just have gone to the US, gotten married and that would be it? I mean, was it silly of us to do it the long legal way?

FYI... I know this isnt technically news but you should read this, from:

http://en.wikipedia.org/wiki/K-1_visa#Prob..._to_Get_Married

According to the latest video released by Siam Legal - Tourist Visathe US Embassy will reject an application for a US Tourist Visa if they believe that the applicant is either not going to return or wanting to enter the United States with the intention to marry. This being the reason why in Thailand the tourist visa has a rejection rate of more than 90%. Many couples do attempt to bypass the requirements set out for the K1 Visa by applying for a tourist visa. This however does create legal problems when the spouse attempts to adjust their status later. There are criminal penalties for the K1 Visa sponsor and the possibility of deportation for the holder as it may be viewed by USCIS as fraud.

Some may choose to attempt a tourist visa as they believe that they may not qualify financially under the K1 Visa requirements, however there are different financial requirements for each State in the US as their poverty lines differ. Active duty military personnel as an example also only need to meet 100% of the poverty line where as others need to meet 125% of the poverty line. Another reason is that those who are self employed usually do not fully understand that if they do not meet and exceed the poverty line of their State, the assets they own does count towards meeting their financial requirements. Siam Legal - K1 Visa Requirements

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor (B-2) visa, or if eligible, travel visa free under the Visa Waiver Program.[4][5]

[Ana&D 0]

I'll just share my personal opinion. Getting married on a tourist visa, when u used it to enter the country knowing that you two will be getting married is considered fraud. And can result in a 10 yr ban from the US. Personally, I wouldn't risk it, no matter what lawyers would tell me (they do like those complicated cases - more money for them ). But that's me. Many did it before and somehow got away. I'd rather go the somewhat longer but "legal" way just to avoid problems in the future.

[*Robert* 2]

I'll just share my personal opinion. Getting married on a tourist visa, when u used it to enter the country knowing that you two will be getting married is considered fraud. And can result in a 10 yr ban from the US. Personally, I wouldn't risk it, no matter what lawyers would tell me (they do like those complicated cases - more money for them ). But that's me. Many did it before and somehow got away. I'd rather go the somewhat longer but "legal" way just to avoid problems in the future.

Please don't confuse "getting married", and using a tourist visa to enter the US with the intention to immigrate.

There is NOTHING illegal with getting married on a tourist visa.

[KimandRuss 0]

agreed.

Nothing wrong with entering the Country and marrying..lots of people do that. The problem is staying. You can not enter the US with the intention of marrying AND STAYING.

sure people do it but, as stated above, at adjustment the burden will be upon the couple to prove they had no intent when the beneficiary entered the Country. If you misrepresent yourself to the government you can face a ban.

It's all in the guides and faq's here as well.

[ARTY AND LILI 0]

To be clear...if you have a visa already, GREAT! ....but... it isn't intended for marriage and don't use it as such. Go for the K1 fiancee visa and use the tourist visa to keep from remaining apart through the whole process. I fell in love with a Colombian woman and she didn't have a tourist visa. I knew that I wanted to marry her, so we applied for the K-1. Could she have received a tourist visa??? Maybe. She worked for the government at a military clinic as a nurse. I visited her 8 times since February, and I have a full time, very serious job. I would guess that I spent $15,000.00 visiting her this year. Had she had a tourist visa, she could have come here and it would have cost less. Had she applied for a tourist visa, getting the K1 would have been HARDER given the proximity of applications for a tourist and k-1 visa.

Your case is different. Your fiancee aleady has a visa or two in place. If your fiancee is in the country already for a different purpose, it is permissible to marry. If she is out of the country, the K1 is the correct way to go. Marriage is for a long time. Having your spouse enter the country on the wrong visa type could cost you a lot of money and you might have to move to her country for 10 years due to her being banned for visa fraud. At least you don't have to wait without seeing her for a long time. Many people on these boards are lucky to see their fiancee twice in the same year.

Good luck. Always do the right thing..That's what we did and our interview is 5 months, 1 week after submitting our papers . Does it always happen so quickly? No, but doing the right thing is a great way to start a marriage.

[Tarumba 9]

Thank you - I feel a lot more confident now!

I am the fiancee and I do have the tourist visa already, (have been in the US at least 7 times), but at the moment we did feel it was better to do it in the risk free way, only sometimes I get the "awww poor law-abiding fools" look when I say we're doing it with the K1.

It's true, We can visit eachother whenever we want, but plane tickets are so much cheaper for people who go US-Peru-US than people who go PERU-US-PERU. I mean I was about to travel in July, and the ticket was USD900; his ticket, on the other hand, was USD500!!! So we ended up deciding that he was to come (He arrives tomorrow!!)

[Alex & Rachel 78]

You can enter on a tourist visa, marry, leave the country and then file for a spouse visa.

You can also enter on a tourist visa without planning to marry, marry spur-of-the-moment, stay and adjust status that way.

Personally I'm glad I am doing the fiancé visa.

In the first instance, I can't imagine spending the first few months of my marriage separated from my husband. I'd have still have had to spend time and money planning the wedding, so during that time I may as well have filed the fiancé visa.

In the second, I can't imagine how hard it must be to tie up all loose ends in your home country from a distance. With the fiancée visa I have the luxury of time when it comes to ending my rent lease, cancelling my subscriptions and memberships, giving my notice in at work, and I have had several months in which to say goodbye to my friends and family and to make all the necessary arrangements for moving. I am not so sure that being able to stay with my fiancé for an extra few months - after all, we have the rest of our lives to spend together - would've been worth all the hassle of trying to finish up business in the UK from a distance and I am sure my family would not have liked it. Anyone who has to do this and go through all the extra scrutiny at adjustment of status has my admiration!

So there you go - two big reasons, in my opinion, to file the fiancé visa.

[Tarumba 9]

You can enter on a tourist visa, marry, leave the country and then file for a spouse visa.

You can also enter on a tourist visa without planning to marry, marry spur-of-the-moment, stay and adjust status that way.

Personally I'm glad I am doing the fiancé visa.

In the first instance, I can't imagine spending the first few months of my marriage separated from my husband. I'd have still have had to spend time and money planning the wedding, so during that time I may as well have filed the fiancé visa.

In the second, I can't imagine how hard it must be to tie up all loose ends in your home country from a distance. With the fiancée visa I have the luxury of time when it comes to ending my rent lease, cancelling my subscriptions and memberships, giving my notice in at work, and I have had several months in which to say goodbye to my friends and family and to make all the necessary arrangements for moving. I am not so sure that being able to stay with my fiancé for an extra few months - after all, we have the rest of our lives to spend together - would've been worth all the hassle of trying to finish up business in the UK from a distance and I am sure my family would not have liked it. Anyone who has to do this and go through all the extra scrutiny at adjustment of status has my admiration!

So there you go - two big reasons, in my opinion, to file the fiancé visa.

You are so right. I don't think I'd feel happy if I had left without finishing my thesis or in any kind of rush. And it makes it sort of medieval, I dunno, waiting for a bit til the fiancee arrives. We sometimes have a laugh about it.

[Gemmie 142]

Don't worry yourself with all those "awww poor you doing it the long way" looks.

I get them too because people don't realise how difficult it really is.

The amount of times people have asked "so why can't he just move here?"

[Ana&D 0]

I'll just share my personal opinion. Getting married on a tourist visa, when u used it to enter the country knowing that you two will be getting married is considered fraud. And can result in a 10 yr ban from the US. Personally, I wouldn't risk it, no matter what lawyers would tell me (they do like those complicated cases - more money for them ). But that's me. Many did it before and somehow got away. I'd rather go the somewhat longer but "legal" way just to avoid problems in the future.

Please don't confuse "getting married", and using a tourist visa to enter the US with the intention to immigrate.

There is NOTHING illegal with getting married on a tourist visa.

You are right, I just used the wrong wording. Thanks for the correction!