Staying in the U.S. while filing K-3 petition.

[moosejaw83 0]

I'm sorry if this is a repeat but I was unable to find what I'm looking for in the forums.

My fiance is from Venezuela and would like to travel here this spring to get married. Obviously we cannot legally file an AOS but my two part question is this: Can she enter the country on her tourist visa and get married if we show proof that she intends to return to VE to complete the K3 filing? If so, can she remain here on her tourist visa while we begin the K3 petition and then return to VE to complete the process or does she need to be in VE before the petition is submitted?

Currently, we were hoping to get married in April, file K3 petition immediately afterward and then have her stay here for several months before returning home to complete the K3 process.

Thanks in advance for your insight!

Edited February 1, 2010 by moosejaw83

[belinda63 3,046]

Depending upon her tourist visa she can stay here for the duration even if she gets married. The illegal part would be if she came here, got married, and STAYED.

The only problem I can see would be her entry into the US if asked what the purpose of her visit was. An actual "I'm here to get married" but plan to return to my country might result in her being denied entry. Best thing is to make sure she has plenty of proof of ties to her home country.

Good luck and congrats.

[moosejaw83 0]

Thanks for the quick reply! Do you have any advice on documentation she should bring to prove her intent to return home? I've read about brining a letter from an employer or a lease however she lives with her family and works for a company owned by her father. I'm just not sure what else she could bring to prove she doesn't intend to stay.

Thanks again!

[chorosizzle 0]

I think you'd run less risk if you were to marry her in Vzla, start the visa application process, and then have her come visit you with the proof of intent to return. If they find that she had intent to marry upon entering the US on a tourist visa (I've heard they can read emails, etc.), they can bar her entry for several years. We just did a fiance visa, and though we seemed to just get lucky, it only took us 3.5 months from submitting the packet to his interview date! Buena suerte!

[moosejaw83 0]

Well, I guess I'm a little confused now. I thought we didn't have to worry about entering the U.S. with intent to marry as long as we showed she didn't intend to immigrate and would be returning to VE to complete the K3 process?

[chorosizzle 0]

Well, I guess I'm a little confused now. I thought we didn't have to worry about entering the U.S. with intent to marry as long as we showed she didn't intend to immigrate and would be returning to VE to complete the K3 process?

I think it's just cleaner if you do it abroad. That way there's no question of lying at entry points. But I don't know anyone who's married in US and then applied for a K3.

K-1 is the quickest option, and for us there was less visiting time in the US before he could apply for a work permit after our wedding. So our decision on WHERE to have our wedding was also a financial one (and emotional since being unemployed and newly immigrated can be very lonely!).

So, since K1 is quicker (and you can visit the petitioner while both a K1 and K3 are in process), I don't see why you would choose K3 over K1.

Edited February 2, 2010 by chorosizzle

[chorosizzle 0]

Also, while my fiance was visiting me for a few months, we got the K1 (129F) petition ready. There's a box you check that basically says "is your fiance visiting you right now in the US" but it doesnt influence the petition from what I've heard. So you submit that once she enters the US, and she can stay with you until she needs to return to interview in CCS.