Getting Married ...

[Reel Time 0]

Hi everyone,

I just found this forum today, so excuse my ignorance please.

The situation that I have is that my fiance/ girlfriend (because we haven't applied for a fiance visa) is arriving this week in the US on her tourist visa. We plan to go ahead and get married asap. Do we need a fiance visa to get married in the US or can we just arrange the ceremony ? I suppose the issue will be when we go to the courthouse for the marriage license if she doesn't have something other that the tourist visa we could be denied a marriage license. If the license can be obtained, then I would just like to proceed with the marriage somewhat quickly and then apply for what ever the final visa needs to be. She will be here six months on the tourist visa so we will have time to meet with the immigration dept. if this is necessary to formalize the marriage.

Again, I'm sure that I am walking somewhat blindly into this visa conversation, but it's all new to me.

Thank you in advance for your responses and direction.

RT

[johndecka 0]

[quote name='Reel Time' date='Mar 1 2009, 12:10 PM' post='2695743'

. Do we need a fiance visa to get married in the US or can we just arrange the ceremony ? No , U can just go to the court house n get married.

[Dakine 26]

After marriage submit a I-130 for a spouse visa. Google USCIS Forms and Fees.

Check the GUIDEs here for I-130 [CR-1]

[pushbrk 13,059]

Hi everyone,

I just found this forum today, so excuse my ignorance please.

The situation that I have is that my fiance/ girlfriend (because we haven't applied for a fiance visa) is arriving this week in the US on her tourist visa. We plan to go ahead and get married asap. Do we need a fiance visa to get married in the US or can we just arrange the ceremony ? I suppose the issue will be when we go to the courthouse for the marriage license if she doesn't have something other that the tourist visa we could be denied a marriage license. If the license can be obtained, then I would just like to proceed with the marriage somewhat quickly and then apply for what ever the final visa needs to be. She will be here six months on the tourist visa so we will have time to meet with the immigration dept. if this is necessary to formalize the marriage.

Again, I'm sure that I am walking somewhat blindly into this visa conversation, but it's all new to me.

Thank you in advance for your responses and direction.

RT

If she is admitted to the USA, you'll be ok to get married. However, she must not overstay the time granted her upon arrival. She cannot simply stay here and adjust status to permanent resident. In the circumstances you describe, that would be visa fraud. It's illegal to enter the USA on a visitor's visa with the intent to marry and immigrate. Marrying is fine. Immigrating is not. You can file a petition for a spouse visa while she's here but she must not overstay. She'll apply for the visa, have a medical and visa interview in her home country. The key issue is her intent upon entry.

Edited March 1, 2009 by pushbrk

[paul. 0]

I got married while on a VWP last year, but made sure to leave before 90 days were up. I had no issues whatsoever, good luck and enjoy your day!

[Reel Time 0]

Thank all of you for the information and encouraging words.

RT

[cici_ortiz 0]

Hi everyone,

I just found this forum today, so excuse my ignorance please.

The situation that I have is that my fiance/ girlfriend (because we haven't applied for a fiance visa) is arriving this week in the US on her tourist visa. We plan to go ahead and get married asap. Do we need a fiance visa to get married in the US or can we just arrange the ceremony ? I suppose the issue will be when we go to the courthouse for the marriage license if she doesn't have something other that the tourist visa we could be denied a marriage license. If the license can be obtained, then I would just like to proceed with the marriage somewhat quickly and then apply for what ever the final visa needs to be. She will be here six months on the tourist visa so we will have time to meet with the immigration dept. if this is necessary to formalize the marriage.

Again, I'm sure that I am walking somewhat blindly into this visa conversation, but it's all new to me.

Thank you in advance for your responses and direction.

RT

You can get married in the states with a tourist visa but DON"T OVER STAY ON IT!! after you get married aply for a K-3

[YuAndDan 153]

Yes can marry first, but you will then be applying for a spousal visa.

If considering K-3 consider it carefully, USCIS has been approving both I-130 and I-129F for K-3 and sending them both to NVC on the same day lately, this makes the processing tome for CR-1 nearly the same as K-3.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.