Marriage

[Kyrgyzfriend 0]

Hi, as you can probably tell from my username/profile that my fiancée is from Kyrgyzstan (which is in Central Asia) and we would love to be able to get married though we're not sure how to best go about for that to be able to happen in the near future. See right now she is working on doing an internship with Intervarsity and we were hoping that while she would be over here to possibly get married but it seems to prove more complicated. She's in the process of trying to find the right visa to be able to come over to do the internship, Intervarsity has suggest a B1/B2 business and tourism visa as that's the cheapest and easy to obtain but under that particular visa it's illegal to get married as it's only basically a visitors visa. They also mentioned about the possibility of a "J' visa but for that you need a third party to take care of things for you (like heath care, help obtaining social security #, etc.), though we have been able to find a company called CDSInternational that offers just that. We are both so unsure of how we are going to make this work, we have thought about just waiting until the internship is over and then in about a year or so getting married in Kyrgyzstan and then applying for a family based immigration partition as her one friend suggested that as that's the route she went and she claims it wasn't that big of a deal. I was wondering if anyone out there may have any other suggestions on how to go about this other than a marriage visa as at the present time that just isn't going to work out due to many factors.

[alienlovechild 75]

I was wondering if anyone out there may have any other suggestions on how to go about this other than a marriage visa as at the present time that just isn't going to work out due to many factors.

You don't have to explain why but it would be helpful to understand why a K visa isn't possible for you.

[YuAndDan 153]

All spousal visas K-Visa or CR-1 take time to process through the system, The CR-1 is the least expensive overall, you marry first and then file an I-130 for a visa. CR-1 has the advantage of a green-card at entry to the USA, so can work, and travel, K-Visas have the added expence and paperwork of adjustment of status.

Since you are discussing marriage and immigration the intent exists, so a B-Visa is NOT an option, using one with the intent to immigrate is visa fraud.

J-Visas can also have a 2 year foreign residency catch that can cause you problems.

Moving this to K-1 forum since you are at the fiancee stage.

Also start here for comparing visas: http://www.visajourney.com/forums/index.ph...mp;page=compare

[pushbrk 12,895]

Hi, as you can probably tell from my username/profile that my fiancée is from Kyrgyzstan (which is in Central Asia) and we would love to be able to get married though we're not sure how to best go about for that to be able to happen in the near future. See right now she is working on doing an internship with Intervarsity and we were hoping that while she would be over here to possibly get married but it seems to prove more complicated. She's in the process of trying to find the right visa to be able to come over to do the internship, Intervarsity has suggest a B1/B2 business and tourism visa as that's the cheapest and easy to obtain but under that particular visa it's illegal to get married as it's only basically a visitors visa. They also mentioned about the possibility of a "J' visa but for that you need a third party to take care of things for you (like heath care, help obtaining social security #, etc.), though we have been able to find a company called CDSInternational that offers just that. We are both so unsure of how we are going to make this work, we have thought about just waiting until the internship is over and then in about a year or so getting married in Kyrgyzstan and then applying for a family based immigration partition as her one friend suggested that as that's the route she went and she claims it wasn't that big of a deal. I was wondering if anyone out there may have any other suggestions on how to go about this other than a marriage visa as at the present time that just isn't going to work out due to many factors.

If she obtains either a B2 or J1 visa and enters the USA, you certainly may marry. Whether she'll need to leave and complete a spouse visa process would depend on the exact circumstances and intent. If she enters with the primary purpose of the internship with Intervarsity, it may be possible to stay and adjust status. See a qualified immigration attorney for advice on that matter after she's here and you are married.

Dan,

Certainly an intention to marry and an intention to immigrate have been expressed by the potential USC spouse but the pursuit of the J1 or B2 visa seems to be with the intent of entry for an internship, not specifically entry to immigrate. We don't know the status of the foreign fiancee's intentions at this point. We can only speculate.

[Kyrgyzfriend 0]

If she obtains either a B2 or J1 visa and enters the USA, you certainly may marry. Whether she'll need to leave and complete a spouse visa process would depend on the exact circumstances and intent. If she enters with the primary purpose of the internship with Intervarsity, it may be possible to stay and adjust status. See a qualified immigration attorney for advice on that matter after she's here and you are married.

Dan,

Certainly an intention to marry and an intention to immigrate have been expressed by the potential USC spouse but the pursuit of the J1 or B2 visa seems to be with the intent of entry for an internship, not specifically entry to immigrate. We don't know the status of the foreign fiancee's intentions at this point. We can only speculate.

The MAIN REASON she is coming over is to do an internship with InterVarsity (she already has been in talks with InterVarsity about starting the internship in February or March), that's something that is important to the both of us. We would however like to get married if possible but on a B1/B2 visa isn't that illegal as it would be visa fraud and we don't want to do anything that would be illegal. So I don't seem to understand it when you say if she obtains either a B2 or J1 visa and enters the U.S.A., that we can certainly marry. How would we go about doing so without committing visa fraud, it seems to me that any way you slice it, we would be doing so?

[thepizzadude 26]

If she obtains either a B2 or J1 visa and enters the USA, you certainly may marry. Whether she'll need to leave and complete a spouse visa process would depend on the exact circumstances and intent. If she enters with the primary purpose of the internship with Intervarsity, it may be possible to stay and adjust status. See a qualified immigration attorney for advice on that matter after she's here and you are married.

Dan,

Certainly an intention to marry and an intention to immigrate have been expressed by the potential USC spouse but the pursuit of the J1 or B2 visa seems to be with the intent of entry for an internship, not specifically entry to immigrate. We don't know the status of the foreign fiancee's intentions at this point. We can only speculate.

The MAIN REASON she is coming over is to do an internship with InterVarsity (she already has been in talks with InterVarsity about starting the internship in February or March), that's something that is important to the both of us. We would however like to get married if possible but on a B1/B2 visa isn't that illegal as it would be visa fraud and we don't want to do anything that would be illegal. So I don't seem to understand it when you say if she obtains either a B2 or J1 visa and enters the U.S.A., that we can certainly marry. How would we go about doing so without committing visa fraud, it seems to me that any way you slice it, we would be doing so?

Because your intent is to come to do the internship, not go around the laws to marry. BUT it is UP TO YOU to prove it if you decide to go that route.

Many people get married after they come using those visa types, IT IS THE ones who choose those types SO THEY CAN MARRY that are commiting visa fraud.

Hope this helps

[pushbrk 12,895]

If she obtains either a B2 or J1 visa and enters the USA, you certainly may marry. Whether she'll need to leave and complete a spouse visa process would depend on the exact circumstances and intent. If she enters with the primary purpose of the internship with Intervarsity, it may be possible to stay and adjust status. See a qualified immigration attorney for advice on that matter after she's here and you are married.

Dan,

Certainly an intention to marry and an intention to immigrate have been expressed by the potential USC spouse but the pursuit of the J1 or B2 visa seems to be with the intent of entry for an internship, not specifically entry to immigrate. We don't know the status of the foreign fiancee's intentions at this point. We can only speculate.

The MAIN REASON she is coming over is to do an internship with InterVarsity (she already has been in talks with InterVarsity about starting the internship in February or March), that's something that is important to the both of us. We would however like to get married if possible but on a B1/B2 visa isn't that illegal as it would be visa fraud and we don't want to do anything that would be illegal. So I don't seem to understand it when you say if she obtains either a B2 or J1 visa and enters the U.S.A., that we can certainly marry. How would we go about doing so without committing visa fraud, it seems to me that any way you slice it, we would be doing so?

Because your intent is to come to do the internship, not go around the laws to marry. BUT it is UP TO YOU to prove it if you decide to go that route.

Many people get married after they come using those visa types, IT IS THE ones who choose those types SO THEY CAN MARRY that are commiting visa fraud.

Hope this helps

No, that's not the reason "marrying" is certainly ok. Getting married is legal on any visa, visa waiver or Candadian visitor privilege anytime for any reason. What is visa fraud is to use those entry privileges to "immigrate", which would be to stay and attempt to adjust status to Legal Permanent Resident based on that marriage.

Another perfectly legal option is to enter on an appropriate visa for the internship, then while already here, decide to marry and adjust status.

The OP is misinformed about the legality of marrying. The problem isn't marriage. It's immigration. The clean method is to come for the internship and get married at any point during her stay. Then file an I-130 for spouse with the intention of securing a CR1 visa. When her internship is finished (You don't say how long that is.) she leaves and returns when the CR1 visa process is complete.

Remember, "getting married" and "staying afterwards" are two separate activities. One is always allowed an the other only sometimes is under some sets of circumstances.

[Soancika+Brian 0]

If she comes with the intent to do the internship and you guys get married you can file I-130 concurrently with the I-485, in that case she would't need to leave the country. I came on J-1, when got F-1 met the love of my life, got married and that's what we did. I didn't have to go back to my country to wait for the AOS to be done. (that is if you are USC)

[pushbrk 12,895]

If she comes with the intent to do the internship and you guys get married you can file I-130 concurrently with the I-485, in that case she would't need to leave the country. I came on J-1, when got F-1 met the love of my life, got married and that's what we did. I didn't have to go back to my country to wait for the AOS to be done. (that is if you are USC)

Intent at entry issues don't come up when you meet your spouse after arrival but they sometimes do when already engaged upon arrival. That's not a small detail. It's a large one but usually not insurmountable.

[Soancika+Brian 0]

If she comes with the intent to do the internship and you guys get married you can file I-130 concurrently with the I-485, in that case she would't need to leave the country. I came on J-1, when got F-1 met the love of my life, got married and that's what we did. I didn't have to go back to my country to wait for the AOS to be done. (that is if you are USC)

Intent at entry issues don't come up when you meet your spouse after arrival but they sometimes do when already engaged upon arrival. That's not a small detail. It's a large one but usually not insurmountable.

That is true. Me myself never had any intent to stay here or get married. Just wanted to travel and learn english that was my intent.