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Posted

Hi All,

My name is Kevin. I am from the US and my future wife is from Peru. She plans to come here in March using her tourist visa then we will get married shortly after she arrives in Virginia. I know I can go to the local county and get a marriage license and we can get married soon after but I'm confused about where to go from there. I hope you can help me. What forms to I need to fill out? What documents does she need to bring with her? What documents will I need? Where do I send everything? Will she be able to stay here after we are married? Thanks in advance for your help.

Posted
Hi All,

My name is Kevin. I am from the US and my future wife is from Peru. She plans to come here in March using her tourist visa then we will get married shortly after she arrives in Virginia. I know I can go to the local county and get a marriage license and we can get married soon after but I'm confused about where to go from there. I hope you can help me. What forms to I need to fill out? What documents does she need to bring with her? What documents will I need? Where do I send everything? Will she be able to stay here after we are married? Thanks in advance for your help.

This question is asked so often. Here is one attorney's answer to it. Taken from this page.

http://www.k1fianceevisas.com/

One question I am asked regularly is "Why can't my fiancee just come using a tourist visa or on the visa waiver program and marry me?" The problem is that a main condition of both a tourist visa and the visa waiver program is your fiancee's sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that an intent to marry a U.S. citizen is the same as an intent to immigrate. If your fiancee enters the U.S. as a tourist, without disclosing that they are your fiancee and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

In theory, it is possible for someone to obtain a tourist visa for the express purpose of coming to the U.S. to marry. The problem is, to do this safely, they must disclose their intention when they apply for their tourist visa, and convince the consular interviewer that they truly intend to return to their home country after your marriage. For obvious reasons, this can be difficult to do, because the consulates know that the K1 fiancee visa is available as an alternative. Even if the tourist visa is given, there is also a possibility that your fiancee could be "turned back at the border" when they try to enter into the U.S. if the inspecting officer does not believe your fiancee really intends to return home after your wedding. Finally, if you use this option, your fiancee will have to return home after your wedding, and you will need to apply for a K3 spouse visa or other appropriate immigration visa for them to be able to return to the U.S. -- a process that is just as complicated and lengthy as obtaining a K1 fiancee visa in the first place.

Using the K1 fiancee visa avoids all of the problems noted above, and is the only appropriate way for a foreign fiancee to come to the U.S. to marry.

Posted

Hi All,

My name is Kevin. I am from the US and my future wife is from Peru. She plans to come here in March using her tourist visa then we will get married shortly after she arrives in Virginia. I know I can go to the local county and get a marriage license and we can get married soon after but I'm confused about where to go from there. I hope you can help me. What forms to I need to fill out? What documents does she need to bring with her? What documents will I need? Where do I send everything? Will she be able to stay here after we are married? Thanks in advance for your help.

This question is asked so often. Here is one attorney's answer to it. Taken from this page.

http://www.k1fianceevisas.com/

One question I am asked regularly is "Why can't my fiancee just come using a tourist visa or on the visa waiver program and marry me?" The problem is that a main condition of both a tourist visa and the visa waiver program is your fiancee's sworn promise that they only plan to visit the U.S., not immigrate here. The Department of State ("DOS") and United States Citizenship and Immigration Services ("USCIS") assume that an intent to marry a U.S. citizen is the same as an intent to immigrate. If your fiancee enters the U.S. as a tourist, without disclosing that they are your fiancee and intend to marry you, they have committed visa fraud. If the USCIS later decides that this is the case, they could be removed (i.e., deported) and it will be almost impossible for them to come back, even though they are married to you.

In theory, it is possible for someone to obtain a tourist visa for the express purpose of coming to the U.S. to marry. The problem is, to do this safely, they must disclose their intention when they apply for their tourist visa, and convince the consular interviewer that they truly intend to return to their home country after your marriage. For obvious reasons, this can be difficult to do, because the consulates know that the K1 fiancee visa is available as an alternative. Even if the tourist visa is given, there is also a possibility that your fiancee could be "turned back at the border" when they try to enter into the U.S. if the inspecting officer does not believe your fiancee really intends to return home after your wedding. Finally, if you use this option, your fiancee will have to return home after your wedding, and you will need to apply for a K3 spouse visa or other appropriate immigration visa for them to be able to return to the U.S. -- a process that is just as complicated and lengthy as obtaining a K1 fiancee visa in the first place.

Using the K1 fiancee visa avoids all of the problems noted above, and is the only appropriate way for a foreign fiancee to come to the U.S. to marry.

This is a great post, maybe it should be pinned. Thanks for the information :D

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United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

 
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