K3 marriage requirement

[Erik C 0]

Hello, my fiancee is visiting the U.S. a month using a tourist visa. We were planning on getting married once she gets here (civil wedding only, church wedding will be in a year). We didn't get the K1 visa because she has to go back right away due to her work. The question is, will I still be able to file for a K3 petition even if we got married in the U.S. ? Will there be any problems if she comes here on a tourist visa and we got married? Thanks for your help.

[Dakine 26]

Hello, my fiancee is visiting the U.S. a month using a tourist visa. We were planning on getting married once she gets here (civil wedding only, church wedding will be in a year). We didn't get the K1 visa because she has to go back right away due to her work. The question is, will I still be able to file for a K3 petition even if we got married in the U.S. ? Will there be any problems if she comes here on a tourist visa and we got married? Thanks for your help.

Better to go with a CR-1 [i-130]. Especially since she can come see you with a tourist visa.

Edited February 26, 2009 by Haole

[Beth/ Paris Heart 2]

Hello, my fiancee is visiting the U.S. a month using a tourist visa. We were planning on getting married once she gets here (civil wedding only, church wedding will be in a year). We didn't get the K1 visa because she has to go back right away due to her work. The question is, will I still be able to file for a K3 petition even if we got married in the U.S. ? Will there be any problems if she comes here on a tourist visa and we got married? Thanks for your help.

Better to go with a CR-1 [i-130]. Especially since she can come see you with a tourist visa.

Get maried here, then she goes back to her country, you then file a I-130 for a CR-1 visa. Best way. Make sure you and her do the paperwork when she is here, much easier then mailing back and forth. Good Luck!!

[pushbrk 13,060]

Hello, my fiancee is visiting the U.S. a month using a tourist visa. We were planning on getting married once she gets here (civil wedding only, church wedding will be in a year). We didn't get the K1 visa because she has to go back right away due to her work. The question is, will I still be able to file for a K3 petition even if we got married in the U.S. ? Will there be any problems if she comes here on a tourist visa and we got married? Thanks for your help.

Better to go with a CR-1 [i-130]. Especially since she can come see you with a tourist visa.

Get maried here, then she goes back to her country, you then file a I-130 for a CR-1 visa. Best way. Make sure you and her do the paperwork when she is here, much easier then mailing back and forth. Good Luck!!

The plan is good except for the K3 part. CR1 is probably a better choice. She would also want to bring evidence of her ties to the home country in case she is questioned about her intent to return. She need not list all items in her travel itinerary, like Disney, a particular restaurant, a public library, a civil marriage ceremony, a walk in the park, seeing a Broadway show, etc. "Vacation" or "Holiday" or "Tourist" are all true but more general answers I would suggest as the purpose of her visit. When you tell a CBP officer you're coming for your wedding to a US Citizen, things can get a little strange or you can even be sent back home on the next flight if they don't believe you'll leave and return on a spouse visa. Never lie to a CBP officer but no need for a detailed itinerary either.

[Beth/ Paris Heart 2]

Hello, my fiancee is visiting the U.S. a month using a tourist visa. We were planning on getting married once she gets here (civil wedding only, church wedding will be in a year). We didn't get the K1 visa because she has to go back right away due to her work. The question is, will I still be able to file for a K3 petition even if we got married in the U.S. ? Will there be any problems if she comes here on a tourist visa and we got married? Thanks for your help.

Better to go with a CR-1 [i-130]. Especially since she can come see you with a tourist visa.

Get maried here, then she goes back to her country, you then file a I-130 for a CR-1 visa. Best way. Make sure you and her do the paperwork when she is here, much easier then mailing back and forth. Good Luck!!

The plan is good except for the K3 part. CR1 is probably a better choice. She would also want to bring evidence of her ties to the home country in case she is questioned about her intent to return. She need not list all items in her travel itinerary, like Disney, a particular restaurant, a public library, a civil marriage ceremony, a walk in the park, seeing a Broadway show, etc. "Vacation" or "Holiday" or "Tourist" are all true but more general answers I would suggest as the purpose of her visit. When you tell a CBP officer you're coming for your wedding to a US Citizen, things can get a little strange or you can even be sent back home on the next flight if they don't believe you'll leave and return on a spouse visa. Never lie to a CBP officer but no need for a detailed itinerary either.

Not meaning to butt in but Pushbrk hit it on the head, never lie to a CBP officer, I work with them everyday, and the last thing you need is a CBP officer finding out you lied. Hell has no fury like a pissed off CBP officer. For 15 years Ive seen it happen over and over again. Basic details, quick answers and look them in the eye, shying away is not a good thing. Good Luck

[pushbrk 13,060]

Hello, my fiancee is visiting the U.S. a month using a tourist visa. We were planning on getting married once she gets here (civil wedding only, church wedding will be in a year). We didn't get the K1 visa because she has to go back right away due to her work. The question is, will I still be able to file for a K3 petition even if we got married in the U.S. ? Will there be any problems if she comes here on a tourist visa and we got married? Thanks for your help.

Better to go with a CR-1 [i-130]. Especially since she can come see you with a tourist visa.

Get maried here, then she goes back to her country, you then file a I-130 for a CR-1 visa. Best way. Make sure you and her do the paperwork when she is here, much easier then mailing back and forth. Good Luck!!

The plan is good except for the K3 part. CR1 is probably a better choice. She would also want to bring evidence of her ties to the home country in case she is questioned about her intent to return. She need not list all items in her travel itinerary, like Disney, a particular restaurant, a public library, a civil marriage ceremony, a walk in the park, seeing a Broadway show, etc. "Vacation" or "Holiday" or "Tourist" are all true but more general answers I would suggest as the purpose of her visit. When you tell a CBP officer you're coming for your wedding to a US Citizen, things can get a little strange or you can even be sent back home on the next flight if they don't believe you'll leave and return on a spouse visa. Never lie to a CBP officer but no need for a detailed itinerary either.

Not meaning to butt in but Pushbrk hit it on the head, never lie to a CBP officer, I work with them everyday, and the last thing you need is a CBP officer finding out you lied. Hell has no fury like a pissed off CBP officer. For 15 years Ive seen it happen over and over again. Basic details, quick answers and look them in the eye, shying away is not a good thing. Good Luck

Yes, short and sweet but not flippant. I've crossed a lot of borders, mostly US/Canada. The only time I ever had a problem was when I was a little flippant. I had driven up to Vancouver from Seattle for a dance event sponsored by one of my dance friends and spent the night in a private home. Probably because my car still had Virginia license plates, I was asked whether I had any firearms. When I said no, they asked me about ammunition to which I also said no. I was waived through. When returning to the US, I used the truck crossing instead of the main one on the freeway to save some time. When asked the US CBP or purpose of trip, I kind of flippently said "to go dancing".

They had me pull into the secondary area and searched my car. It only took a few minutes before I was on my way but when the officer brought me my keys he asked, "Mr. Pushbrk, why do you have 357 magnum ammunition in your car?" to which I answered, "I DO?" I then thought about it. I had recently moved back to Seattle from Virginia and still hadn't completely unpacked the car. I transported the ammunition back in a cubby hole in the hatchback about the size of a shoebox and the handgun up front with me. I had removed the handgun but not completely unloaded the nooks and crannies of the back end as I as still in temporary residence. Now, if the Canadians had searched the car, I would have been in big trouble.

I later took a job in Dallas with a company headquartered in Ottawa. This would never have been possible if I ended up being banned from Canada for lying to to their boarder officer and/or for attempting to transport ammunition to Canada.