Getting married to someone with with Visitor Visa?

[pch1 64]

I am a US Citizen and I was planning on applying for a K1 visa for my lady friend. I found out she might be able to get a visitor visa to the states, what would happen if she comes as a tourist then we get married?

[payxibka 10,045]

is she going to stay or go back home after the wedding?

[pch1 64]

is she going to stay or go back home after the wedding?

If she is able to stay legally, then she will stay. But how long before she can go back home for a visit again?

[payxibka 10,045]

is she going to stay or go back home after the wedding?

If she is able to stay legally, then she will stay. But how long before she can go back home for a visit again?

If the intent at time of entry is the possible use of a tourist visa (temporary visit) to have her stay permanently (an thus circumvent immigration law), I think you can draw your own conclusion.

[pch1 64]

is she going to stay or go back home after the wedding?

If she is able to stay legally, then she will stay. But how long before she can go back home for a visit again?

If the intent at time of entry is the possible use of a tourist visa (temporary visit) to have her stay permanently (an thus circumvent immigration law), I think you can draw your own conclusion.

Ok thanks , got you! K1 is the best option then. Last thing I want to do is break any laws which is not my intention.

[NickD 202]

Visas are normally good for several years, it's that I-94 you have to keep a close look on, can be a couple of weeks or several months. Not illegal to get married here to a person on a tourist visa, and even apply for AOS, but once accepted and approved, no longer concern about that I-94 running out. But the I-94 can be extended with a form. Your wife is restricted to the terms of the tourist visa, can't work but is free to spend all the money she wants. To play it safe, would contact a first class reputable immigration attorney. If her I-94 runs out before her AOS is approved, she has to leave the country, but then there is that extension.

http://travel.state.gov/visa/temp/info/info_1298.html

Has information, ironically cannot get an extension if she comes here under a K visa, get married in less than 90 days or else. I don't make the laws. Also a whole bunch of USCIS forms to be filled out, I-130, I-485, I-693, I-765, G-325A, I-864 are some of them, and just one error can cause a delay plus you lose your fees.

Not recommending anything, find a first class attorney, and even contact the USCIS for futher information.

[Kez/JWolf 6]

Visas are normally good for several years, it's that I-94 you have to keep a close look on, can be a couple of weeks or several months. Not illegal to get married here to a person on a tourist visa, and even apply for AOS, but once accepted and approved, no longer concern about that I-94 running out. But the I-94 can be extended with a form. Your wife is restricted to the terms of the tourist visa, can't work but is free to spend all the money she wants. To play it safe, would contact a first class reputable immigration attorney. If her I-94 runs out before her AOS is approved, she has to leave the country, but then there is that extension.

http://travel.state.gov/visa/temp/info/info_1298.html

Has information, ironically cannot get an extension if she comes here under a K visa, get married in less than 90 days or else. I don't make the laws. Also a whole bunch of USCIS forms to be filled out, I-130, I-485, I-693, I-765, G-325A, I-864 are some of them, and just one error can cause a delay plus you lose your fees.

Not recommending anything, find a first class attorney, and even contact the USCIS for futher information.

ANYONE WHO ENTERS THE US WITH THE INTENTION OF REMAINING AND FILING FOR AOS AFTER GETTING MARRIED IS COMMITTING VISA FRAUD.

It is not just a case of keeping an eye on the I-94 and hoping the Greencard will be approved before the I-94 expires. There is a lot more to it than that.

The OP has already shown intent to commit Visa Fraud by stating he/she wants to enter on a tourist visa and just stay.

Now what they could do is enter on a tourist visa and get married and then leave the USA before the I-94 expires and file for a immigrant visa from their home country.

[NickD 202]

Visas are normally good for several years, it's that I-94 you have to keep a close look on, can be a couple of weeks or several months. Not illegal to get married here to a person on a tourist visa, and even apply for AOS, but once accepted and approved, no longer concern about that I-94 running out. But the I-94 can be extended with a form. Your wife is restricted to the terms of the tourist visa, can't work but is free to spend all the money she wants. To play it safe, would contact a first class reputable immigration attorney. If her I-94 runs out before her AOS is approved, she has to leave the country, but then there is that extension.

http://travel.state.gov/visa/temp/info/info_1298.html

Has information, ironically cannot get an extension if she comes here under a K visa, get married in less than 90 days or else. I don't make the laws. Also a whole bunch of USCIS forms to be filled out, I-130, I-485, I-693, I-765, G-325A, I-864 are some of them, and just one error can cause a delay plus you lose your fees.

Not recommending anything, find a first class attorney, and even contact the USCIS for futher information.

ANYONE WHO ENTERS THE US WITH THE INTENTION OF REMAINING AND FILING FOR AOS AFTER GETTING MARRIED IS COMMITTING VISA FRAUD.

It is not just a case of keeping an eye on the I-94 and hoping the Greencard will be approved before the I-94 expires. There is a lot more to it than that.

The OP has already shown intent to commit Visa Fraud by stating he/she wants to enter on a tourist visa and just stay.

Now what they could do is enter on a tourist visa and get married and then leave the USA before the I-94 expires and file for a immigrant visa from their home country.

Did you check this out with the USCIS?

A purpose of the K1 visa, is that is the only way many people can only get a visa to come here, impossible for them to obtain a B1/B2 visa.

[Tactful* 0]

Visas are normally good for several years, it's that I-94 you have to keep a close look on, can be a couple of weeks or several months. Not illegal to get married here to a person on a tourist visa, and even apply for AOS, but once accepted and approved, no longer concern about that I-94 running out. But the I-94 can be extended with a form. Your wife is restricted to the terms of the tourist visa, can't work but is free to spend all the money she wants. To play it safe, would contact a first class reputable immigration attorney. If her I-94 runs out before her AOS is approved, she has to leave the country, but then there is that extension.

http://travel.state.gov/visa/temp/info/info_1298.html

Has information, ironically cannot get an extension if she comes here under a K visa, get married in less than 90 days or else. I don't make the laws. Also a whole bunch of USCIS forms to be filled out, I-130, I-485, I-693, I-765, G-325A, I-864 are some of them, and just one error can cause a delay plus you lose your fees.

Not recommending anything, find a first class attorney, and even contact the USCIS for futher information.

ANYONE WHO ENTERS THE US WITH THE INTENTION OF REMAINING AND FILING FOR AOS AFTER GETTING MARRIED IS COMMITTING VISA FRAUD.

It is not just a case of keeping an eye on the I-94 and hoping the Greencard will be approved before the I-94 expires. There is a lot more to it than that.

The OP has already shown intent to commit Visa Fraud by stating he/she wants to enter on a tourist visa and just stay.

Now what they could do is enter on a tourist visa and get married and then leave the USA before the I-94 expires and file for a immigrant visa from their home country.

Did you check this out with the USCIS?

A purpose of the K1 visa, is that is the only way many people can only get a visa to come here, impossible for them to obtain a B1/B2 visa.

This site was not intended to scare people who are requesting information. Calling the USCIS is not the easiest thing to do either so it's best to advise people who are seeking information visit www.uscis.gov in addition to visiting this site. Please, if you do not know the right answer leave it to the more experienced. How can you post an answer if you haven't even gone through the whole process? NickD, you may have been misunderstood but that is no reason to convict you or say that you have the intention of commiting visa fraud. I would advise you to visit the websit listed.

[Tactful* 0]

Sorry guys, I posted the wrong info. Please disregard.

[Kez/JWolf 6]

Visas are normally good for several years, it's that I-94 you have to keep a close look on, can be a couple of weeks or several months. Not illegal to get married here to a person on a tourist visa, and even apply for AOS, but once accepted and approved, no longer concern about that I-94 running out. But the I-94 can be extended with a form. Your wife is restricted to the terms of the tourist visa, can't work but is free to spend all the money she wants. To play it safe, would contact a first class reputable immigration attorney. If her I-94 runs out before her AOS is approved, she has to leave the country, but then there is that extension.

http://travel.state.gov/visa/temp/info/info_1298.html

Has information, ironically cannot get an extension if she comes here under a K visa, get married in less than 90 days or else. I don't make the laws. Also a whole bunch of USCIS forms to be filled out, I-130, I-485, I-693, I-765, G-325A, I-864 are some of them, and just one error can cause a delay plus you lose your fees.

Not recommending anything, find a first class attorney, and even contact the USCIS for futher information.

ANYONE WHO ENTERS THE US WITH THE INTENTION OF REMAINING AND FILING FOR AOS AFTER GETTING MARRIED IS COMMITTING VISA FRAUD.

It is not just a case of keeping an eye on the I-94 and hoping the Greencard will be approved before the I-94 expires. There is a lot more to it than that.

The OP has already shown intent to commit Visa Fraud by stating he/she wants to enter on a tourist visa and just stay.

Now what they could do is enter on a tourist visa and get married and then leave the USA before the I-94 expires and file for a immigrant visa from their home country.

Did you check this out with the USCIS?

A purpose of the K1 visa, is that is the only way many people can only get a visa to come here, impossible for them to obtain a B1/B2 visa.

We are not discussing a K1 visa were are talking about the OP entering the US on a tourist visa with the intention of remaining and filing for AOS. That is visa fraud. You talk about getting the I-94 extended and keeping an eye on the I-94 expiry date and hoping that the AOS is approved before the I-94 expires and if not the she would have to leave the country. sorry but that is totally wrong. and if she did leave the country she would be abandoning her application for AOS.

Now if she had entered the US as a tourist and after she arrived they decided to get married on the spur of the moment the yes she could apply to adjust her status legally. That involves filing for I-130 along with the AOS packet and having proof that she did not intent to remain in the US at the time of her entry. She does not have to extend her I-94 and she does not have to leave the US if the AOS is not approved before the I-94 expires.

I have extensive knowledge of this topic and have offered advice on this issue since 2005. My late wife did do AOS from a VWP/Tourist visa and was approved for her greencard with no issues. She then went on to do extensive research on this subject including having an indepth interview with a Federal Immigration Judge and serveral Immigration Lawyers.

Please be careful what you are advising other to do. Unless you are very sure that what you are advising is correct and upto date.

Jon

[NickD 202]

"Now if she had entered the US as a tourist and after she arrived they decided to get married on the spur of the moment the yes she could apply to adjust her status legally. That involves filing for I-130 along with the AOS packet and having proof that she did not intent to remain in the US at the time of her entry. She does not have to extend her I-94 and she does not have to leave the US if the AOS is not approved before the I-94 expires."

No one here is suggesting to break or infringe the law, did your wife have a K1 visa? Apparently not. If you did get married in your spouses home country, did you break any laws? If she has a visa to come here, and you are here, is she permitted to visit you? And if you have a visa if required to visit her, can you? And anyone coming here on a visa has to keep an eye on the expiration date of their I-94 and if not expired while staying here they would be breaking the law.

The only suggestion really given was to find a first class highly reputable immigration attorney, and contact the USCIS, they will inform you as to the correct and legal way to do it or just apply for the K1. Apparently, you did just that.

[Dakine 26]

VERY few peeps that came to the US with intentions of marrying and staying have been busted for fraud !~!

I've never seen one case. . I imagine some have been busted but I just didn't see such.

I guess it's very difficult for USCIS to prove someone had intentions. Maybe they say they were considering but didn't have the intent??

Edited February 3, 2009 by Haole

[NickD 202]

There is the law, and there is fraud, and there also is your life. Just flying someplace to meet a potential spouse, live in a dream world with e-mail or phone calls for a period, get a K1 with a mere 90 days to be together and get married or else isn't a very well thought out system either. You have to spend time together. And who is really the victim of fraud? The USA or the USC that gets suckered into a quick marriage with that crazy 90 day limit? Is there an intent to marry? No, you just just dating for the hell of it.

As a USC, do have the freedom to go to many countries, but the citizens of that country do not have the freedom to come here, so you cannot spend that time together here. So what wisdom is there in the existing system to learn if that person can adapt to this culture and life style, love only goes so far if that person is miserable living here, that takes time. At least if that person does have a tourist visa, you can spend that time together before tying the knot, you do not have that option with a K1, either rush to get married or send them back. And good to spend that time together not only here, but also in that persons home country.

How many cases have there been where a person comes here with the intent of marrying someone else, just using the USC as a vehicle to get here? Or just simply to get here. The K1 system goes against the very basics of a marriage contract with the freedom to marry and with the proper intent to honor those marriage vows. Ha, get that conditional green card and goodbye. And an I-751 loaded with loopholes, he physically or mentally abused me, oh you poor dear, here is your ten year card.

Just look at the system the way it is. It invites fraud.

[GloAndCole 22]

Visas are normally good for several years, it's that I-94 you have to keep a close look on, can be a couple of weeks or several months. Not illegal to get married here to a person on a tourist visa, and even apply for AOS, but once accepted and approved, no longer concern about that I-94 running out. But the I-94 can be extended with a form. Your wife is restricted to the terms of the tourist visa, can't work but is free to spend all the money she wants. To play it safe, would contact a first class reputable immigration attorney. If her I-94 runs out before her AOS is approved, she has to leave the country, but then there is that extension.

http://travel.state.gov/visa/temp/info/info_1298.html

Has information, ironically cannot get an extension if she comes here under a K visa, get married in less than 90 days or else. I don't make the laws. Also a whole bunch of USCIS forms to be filled out, I-130, I-485, I-693, I-765, G-325A, I-864 are some of them, and just one error can cause a delay plus you lose your fees.

Not recommending anything, find a first class attorney, and even contact the USCIS for futher information.

ANYONE WHO ENTERS THE US WITH THE INTENTION OF REMAINING AND FILING FOR AOS AFTER GETTING MARRIED IS COMMITTING VISA FRAUD.

It is not just a case of keeping an eye on the I-94 and hoping the Greencard will be approved before the I-94 expires. There is a lot more to it than that.

The OP has already shown intent to commit Visa Fraud by stating he/she wants to enter on a tourist visa and just stay.

Now what they could do is enter on a tourist visa and get married and then leave the USA before the I-94 expires and file for a immigrant visa from their home country.

Did you check this out with the USCIS?

A purpose of the K1 visa, is that is the only way many people can only get a visa to come here, impossible for them to obtain a B1/B2 visa.

Not true! I have two passports, one is in waiver program (Canadian) and another one has tourist visa and I never overstayed in US before but we STILL chose to apply K1 visa as we think this is the right thing to do when we intend to get married in US.

*Edited cuz I can't spell!

Glo

Edited February 3, 2009 by GloAndCole