Just wondering...answer please!

[SamanthaNTim 0]

Hey everyone!!!

So my Fiancee (from AUS) and I are getting our K1 visa put together. But I was wondering....Is it possible for him to come here(USA) on a Visitors Visa and for us to marry straight away, then apply for a perm. visa??

Also If he becomes a US Citizen does this mean that he is not allowed to enter AUS without a visa???????? Even if he is an AUS Citizen by birth???

[evilmonkey 2]

Hey everyone!!!

So my Fiancee (from AUS) and I are getting our K1 visa put together. But I was wondering....Is it possible for him to come here(USA) on a Visitors Visa and for us to marry straight away, then apply for a perm. visa??

Also If he becomes a US Citizen does this mean that he is not allowed to enter AUS without a visa???????? Even if he is an AUS Citizen by birth???

Tourist visa is for "visiting / tourism" ONLY. If your fiances comes to the US with the intention to marry you on a TOURIST visa, that is considered fraud. Period.

Choose the right path, file for K-1, it takes only 4-5 months at most. If during Adjustment of status, they discover your fiance was here on a tourist visa to marry you, he will be deported and denied a greencard. Its not worth the risk!

[amykathleen2005 441]

He is welcome to come to marry on a visitor's visa, but he would have to then leave again and apply for a spousal visa.

[SamanthaNTim 0]

K thanx for the help guys!! That's the answer I was expecting! Back to the K 1 Visa it is! =)

[Scoobs 0]

To answer your last question... I believe that Aussies are able to hold dual Aussie/US citizenship, so after becoming a US citizen he will be able to travel between Australia and the US with ease.

Edited August 1, 2010 by Scoobs

[SamanthaNTim 0]

Awesome much thanks scoob!!!

[Chris_Жанна 11]

You can technically come to the US and get married and successfully adjust status. If a visitor here does not come with the intent of marring they may try to adjust status. It's a ####### shoot and you'd probably have an uphill battle with trying to prove that you had no intent on marring before your new husband/wife came to America. Best bet is to have them come here and get married have them go home and file for a spouse visa or make sure you meet once in the last 2 years and file for the K-1. Getting married and trying to adjust status may sound like the shortest path to be together but it's not worth the risk of having you spouse deported or have possible bans to start your marriage. Spouse/Fiance visas take patients but in the long run it is really your safest and not to mention for you, the only legal route since you already have intent to marry.

This is a good site. Just follow the guides, ask questions, and you'll make it. Good luck!

[SamanthaNTim 0]

Thanks!!! I think our best bet it just to do the K 1 visa. I just miss him and was hoping for a quicker way!! It's been 1 year and 6 months since we've seen eachother.

[payxibka 10,045]

Tourist visa is for "visiting / tourism" ONLY. If your fiances comes to the US with the intention to marry you on a TOURIST visa, that is considered fraud. Period.

How is marriage on a tourist visa fraud? I think all the people who advertise "destination" marriages such as Las Vegas, Hawaii, et al.. would strongly disagree with you.... (FWIW, I thing the US government would also disagree with you).

[canadian_wife 1,822]

If there was a quicker way, we'd all do it.

Just an FYI - when he gets is K-1, he'll marry you and adjust status to a permanent resident. He won't be eligible for citizenship until he's been a permanent resident for 3 years

Good luck

Edited August 1, 2010 by canadian_wife

[evilmonkey 2]

How is marriage on a tourist visa fraud? I think all the people who advertise "destination" marriages such as Las Vegas, Hawaii, et al.. would strongly disagree with you.... (FWIW, I thing the US government would also disagree with you).

I think you took my comment out of the context...I meant if you come to US on a tourist visa to get married and then settle (i.e. do adjustment of status) with your US citizen/resident husband or wife, that is fraud.

The OP showed no intention of having a "destination wedding". Also, I am also not sure how easy will it be to prove to USCIS that a US Citizen and a foreign fiance who came on a tourist visa, did so to have a destination wedding inside the US and then decided to stay and adjust status

[payxibka 10,045]

I think you took my comment out of the context...I meant if you come to US on a tourist visa to get married and then settle (i.e. do adjustment of status) with your US citizen/resident husband or wife, that is fraud.

The OP showed no intention of having a "destination wedding". Also, I am also not sure how easy will it be to prove to USCIS that a US Citizen and a foreign fiance who came on a tourist visa, did so to have a destination wedding inside the US and then decided to stay and adjust status

Not out of context, but a literal interpretation based on exactly what you posted. So many people on this site say that marriage on a tourist visa is FRAUD, when it is not the act of marriage itself, but the act of intentionally misrepresenting a non-immigrant entry to circumvent immigration law.

Edited August 1, 2010 by payxibka

[Fandango 1,439]

Not out of context, but a literal interpretation based on exactly what you posted. So many people on this site say that marriage on a tourist visa is FRAUD, when it is not the act of marriage itself, but the act of intentionally misrepresenting a non-immigrant entry to circumvent immigration law.

If you read the OP's post, you can discern that 'destination wedding' was not what she was talking about. At least that's what I inferred from it

[payxibka 10,045]

If you read the OP's post, you can discern that 'destination wedding' was not what she was talking about. At least that's what I inferred from it

Inferring is not a good idea.... There is another active post where a USC filed an I-130 for her husband who is here in the USA. She was asking about the process of filing the I-485. People inferred and gave her proper advice about how to do it. Then it was asked what her husband's current legal status was. It was learned he "entered without inspection". All of a sudden, all of the good advice given based on the inference was absolutely wrong and potentially devastating (financially and procedurally) to the family.

Secondly, you must realize that other less astute people read these posts. If they read that marriage on a tourist visa is FRAUD. How do you suppose they will react, particularly if they had just done it themselves? If someone posts information that is incorrect or unclear, it needs to be corrected or clarified so others will benefit. Period.

[JlovesA 109]

Thanks!!! I think our best bet it just to do the K 1 visa. I just miss him and was hoping for a quicker way!! It's been 1 year and 6 months since we've seen eachother.

Probably not an issue, but you need to file within the next 6 months. USCIS requires that you have met in person at least once in the past 2 years. It doesn't matter if you saw each other a million times before that, it does have to be within the last 2 years.

So hurry up and get the paperwork in.