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K3 or easier with K1?

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Filed: Timeline

hello,

i'm a citizen of Belgium (Europe) intending to marry a US citizen (who has double nationallity US/France).

I wanted to know if I could go to the US with a tourist visum (90 days), get married immediatelly and apply for a K3.

If I would do this, could I stay in the US without going back to Belgium for an interview?

Or would it be easier for my fiancée to apply for a K1?

Thank u

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hello,

i'm a citizen of Belgium (Europe) intending to marry a US citizen (who has double nationallity US/France).

I wanted to know if I could go to the US with a tourist visum (90 days), get married immediatelly and apply for a K3.

If I would do this, could I stay in the US without going back to Belgium for an interview?

Or would it be easier for my fiancée to apply for a K1?

Thank u

Yes, you can come to visit and get married, but you cannot stay. (that is illegal, since your intent is to use the visitors visa to come here and AOS after marriage). You would need to return home (when your I-94 is up) and then the USC would file for a visa (CR-1/K3). (they can do that while you are in the states)

Or - you do the K-1 visa -

Check the guides to see what fits your lifestyle.

Good luck!

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (apr) Country: Philippines
Timeline
I wanted to know if I could go to the US with a tourist visum (90 days), get married immediatelly and apply for a K3.

If I would do this, could I stay in the US without going back to Belgium for an interview?

Or would it be easier for my fiancée to apply for a K1?

Thank u

Yes,

No

Personal decision

YMMV

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Filed: Timeline

Ok thank u for the fast replies

1. Do I have to leave the US before applying for a K3? Or can I just apply after the marriage and go home when i receive the documents?

2. Point 12 on the I129F document states: "if your fiancé/spouse is currently in the US, ...) ". Doens't this mean there is a way to stay after the marriage?

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Filed: Other Country: China
Timeline
Ok thank u for the fast replies

1. Do I have to leave the US before applying for a K3? Or can I just apply after the marriage and go home when i receive the documents?

2. Point 12 on the I129F document states: "if your fiancé/spouse is currently in the US, ...) ". Doens't this mean there is a way to stay after the marriage?

The US Citizen can file the petition while you are still in the USA but "applying for a visa" is something you do with a Consulate or Embassy abroad, AFTER the petition is approved. You can always stay for as long as you are given at entry. Staying longer has consequences. The implication of question 12 is simply they want the questions answered if applicable, nothing more.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: AOS (apr) Country: Philippines
Timeline
Ok thank u for the fast replies

1. Do I have to leave the US before applying for a K3? Or can I just apply after the marriage and go home when i receive the documents?

2. Point 12 on the I129F document states: "if your fiancé/spouse is currently in the US, ...) ". Doens't this mean there is a way to stay after the marriage?

A visa is a document required for entry into a country... Visas are only issued outside the country at foreign posts....

YMMV

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