Does my fiance need the K-1 Fiance Visa if he already has a tourist visa?

[pushbrk 13,174]

The point is moot if you cannot obtain a tourist visa. Many can. For them the issue can be a major one.

It's moot no matter what.

One thing is to advise something - I wouldn't advocate breaking the law, or even getting into something shady. I like to play safe (and obviously enjoy paying for it since, well, safe and honest in life, not just here, don't mean you'll actually get treated the way you're supposed to).

So regardless of obtaining or not obtaining a visitor visa, the point is just simply poot. It's you against a CO/whoever. And they win. It's just a matter of a fact what they'll choose to 'believe'.

You can prove if you've been convicted of a crime. You can prove if you're legally married. Or if you've been to a country (for the most part). But you really can't prove your thoughts or intentions. Someone has to buy, or not buy your story.

In the case of adjusting status after US marriage, a "CO" (Consular officer) has nothing to do with it. It's all in the hands of a USCIS Adjudicator. Of course, buying your story or not is a key issue and sometimes truth is a slippery commodity, but certain facts are always evident and color the believability of a "story".

What we can do here is advise people what clearly is and isn't legal. I think anybody denied AOS and sent home with a ban would disagree with the point of law being moot.

[R de la R 2]

Hello,

My fiance and I would like to get married this next summer, but we still have to file for the K-1 Finace visa since we believed that he could come here on a tourist visa (which he has for the next 8 years) and then we could get married before he overstays his tourist visa (within 3 months). Is this possible, or would we have to pursue getting a K-1 Fiance Visa for him to immigrate to the U.S. and marry? How long does it usually take to get a K-1 Fiance visa, if that is necessary for us to get married?

Thanks all!

Tourist visa of 8 years? I never knew they gave those out :S

Anyways, it is recommended to file for a fiance visa indeed because, if they want to follow the rules, it is not allowed to change status from a tourist visa even after you get married, like the previous poster also said, they are very skeptical about those things and they might deny the AOS and that might even result in getting a ban from the US. So yeah, if is possible to marry on the tourist visa but it is risky and if you want to avoid problems, be sure to file for a fiance visa... I am pretty sure you will be able to marry during next summer if you file now

Tourist visa of 8 years? I never knew they gave those out :S

Yes, up to 10 years, it is the maximum of the B1/B2 visas.

[pushbrk 13,174]

Hello,

My fiance and I would like to get married this next summer, but we still have to file for the K-1 Finace visa since we believed that he could come here on a tourist visa (which he has for the next 8 years) and then we could get married before he overstays his tourist visa (within 3 months). Is this possible, or would we have to pursue getting a K-1 Fiance Visa for him to immigrate to the U.S. and marry? How long does it usually take to get a K-1 Fiance visa, if that is necessary for us to get married?

Thanks all!

Tourist visa of 8 years? I never knew they gave those out :S

Anyways, it is recommended to file for a fiance visa indeed because, if they want to follow the rules, it is not allowed to change status from a tourist visa even after you get married, like the previous poster also said, they are very skeptical about those things and they might deny the AOS and that might even result in getting a ban from the US. So yeah, if is possible to marry on the tourist visa but it is risky and if you want to avoid problems, be sure to file for a fiance visa... I am pretty sure you will be able to marry during next summer if you file now

Tourist visa of 8 years? I never knew they gave those out :S

Yes, up to 10 years, it is the maximum of the B1/B2 visas.

Tempest in a teapot. In all likelyhood, it's a 10 year visa with 8 years remaining. This is not to be confused with any length of stay. An 8 year visa doesn't allow an 8 year stay. I would expect a 90 day maximum per stay.

[spookyturtle 9,466]

Stays of 6 months on tourist visas are permitted, depending where you are coming from.

[pushbrk 13,174]

Stays of 6 months on tourist visas are permitted, depending where you are coming from.

Perhaps. Can you offer and example? Canadians are allowed six months but don't need a visa.

[spookyturtle 9,466]

Stays of 6 months on tourist visas are permitted, depending where you are coming from.

Perhaps. Can you offer and example? Canadians are allowed six months but don't need a visa.

Brazil.