Fiance on tourist visa in US and I'm US citizen. Can I DCF?

[Jessi927 0]

My fiance and I are living together in the US and he's on a tourist (J-2) visa until April. We want to get married and I believe the DCF is the quickest way to go about doing this but I couldn't find where to do this inside of the USA. And does he need to leave the country at all? Could someone explain this to me a little? I'm very confused.

Thanks so much for any help!

Jessi

[Dakine 26]

My fiance and I are living together in the US and he's on a tourist (J-2) visa until April. We want to get married and I believe the DCF is the quickest way to go about doing this but I couldn't find where to do this inside of the USA. And does he need to leave the country at all? Could someone explain this to me a little? I'm very confused.

Thanks so much for any help!

Jessi

You can't do a DCF unless you have been living in your wife or hubbys country for more than 6 months. Can't do a DCF with a fiance visa.

He'll have to have his medical and interview at the US embassy in his own country.

If you marry in the US and he intended on marrying you when he came to the US it will be considered fraud.

Edited November 22, 2008 by Haole

[English Muffin 59]

Can you please clarify what visa your fiance is on? J2 is not a tourist visa, a B2 is a tourist visa. Once you offer the facts someone may be able to help you.

[Dakine 26]

If you marry in the US and he intended on marrying you when he came to the US it will be considered fraud.

Ooops! That is if you try and adjust status.

[kaffy 2]

You can't do a DCF unless you have been living in your wife or hubbys country for more than 6 months.

It doesnt necessarily have to be the spouse's country. It can be any country outside of the US which both the US citizen and their non-citizen spouse are residents of.

Edited November 22, 2008 by kaffy

[T and M 1]

My fiance and I are living together in the US and he's on a tourist (J-2) visa until April. We want to get married and I believe the DCF is the quickest way to go about doing this but I couldn't find where to do this inside of the USA. And does he need to leave the country at all? Could someone explain this to me a little? I'm very confused.

Thanks so much for any help!

Jessi

As others said, a J-2 is not a tourist visa. Anyway tourist visas are typically only for 3 months and most French citizens enter under the Visa Waiver Program anyway if they are only visiting for 90 days or less. So I'm not sure what you are talking about.

A quick search re: J-2 visas says that it is for dependents of foreign nationals in the US on a student visa (J-1). Are you sure this girl is not married to a foreign national who is studying in the US? The only other possibility is that she is the under-21 daughter/dependent of a foreign national studying in the US. Or perhaps you meant B1/B2 visa.....but those are only valid for 90 days entry. Very weird, your story.

Regardless, DCF is only for filing at US embassy's abroad. There is no such thing as DCF within the US.

I just searched the forums for "Married on tourist visa," and found quite a bit of information. (You should really search the forums before posting). Apparently, it is okay if the foreign national did not intend to marry when he/she entered the US. What a screwy legal system we have. If you intended to marry, it is fraud and the foreign national can be banned for 10 years. Wow. Apparently, your premeditation could cause problems. This law makes marriage sound like murder....as long as it was done in the heat of passion, it's legal!!!

Anyway this is NOT the appropriate forum for this, b/c even if you guys go through with this, you would need to file for adjustment of status, rather than flying back to France and applying for an immigrant visa based on marriage. The latter could cause serious issues, according to these threads:

http://www.visajourney.com/forums/index.php?showtopic=136399

http://www.visajourney.com/forums/index.php?showtopic=146902