Just wondering...answer please!

[evilmonkey 2]

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.

As you said "it is not the act of marriage itself, but the act of intentionally misrepresenting a non-immigrant entry to circumvent immigration law."

Read the OP post again and read your statement. Do you think when OP knows about K-1 and yet he/she invites the SO to come here get married and do AOS, is that not intentional misrepresentation? I dont think playing if USCIS becomes suspicious and you play dumb in front of them, they will not be very kind.

Again, the advice of NOT doing AOS on tourist visa (with the preemptive intention of getting married) is based on WORST CASE SCENARIO. If USCIS becomes suspicious, all the bans and fines are not worth it.

I have a feeling you are taking this personally. You should not. Just to let you know I do believe in love & people DO marry quickly on tourist visas, but that is RANDOM - OUT OF THE MOMENT DECISION not a PRE-EMPTIVE ONE.

[evilmonkey 2]

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.

How about this, next time you go into a foreign country where you need a visa, tell the Immigration officer you are here for a "destination wedding" with the citizen of that country. See what response you get

Marrying on a tourist visa RANDOMLY is NOT FRAUD - even then if the tourist visa person decided to stay here, its extremely hard to proof it was random. The burden on proof lies on the petitioner. A few years ago, USCIS was quite forgiving, but with all the issues our country is facing right now, they have become more vigilant which means such impulse decision makers will have a hard time proving their case with physical evidence.

Speaking of Impulse, try buying a one way airticket to any international location with cash and at the airport with less then 24 hours and you will find out exactly how does USCIS/TSA/Other agencies view such "random" decisions.

Using a tourist visa to come to US or any other country to get married and then settle down certainly is FRAUD

The whole point of telling someone to do K-1 or get married and then go back while the USC files for CR-1/IR-1 is to avoid all the hassles and possible disappointment.

Its 10X easier to prove ON PAPER you have a substantial relationship if you marry here/go back/file for the visa or just file for the visa while both of the people are in different countries.

[payxibka 10,045]

Using a tourist visa to come to US or any other country to get married and then settle down certainly is FRAUD

What is the problem here?

Your initial post missed a very important qualifier that I highlighted above... Entering on a tourist visa to get married is NOT fraud. Period. Using a non-immigrant entry and intentionally misrepresenting your purpose to use that entry is to circumvent US immigration law, is. If the CBP officer believes the alien has intent to remain, they will be immediately turned back and not be allowed in. If you are allowed in, it is because the CBP was satisfied of your intent. Nobody will have a failed AOS interview and the stated reason was immigrant "intent at entry. The issue of "intent" was satisfied at the POE and the US government will not change there mind on this issue, after the fact. If however, during your inspection process you misrepresented your intent, and you attempt to remain then you will fail, but it will not be that the alien had "intent to remain at entry" it will be MISREPRESENTATION

Edited August 1, 2010 by payxibka

[gvt 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???

This is from the US consulate in Thailand but the philosophy is the same thoughtout the USCIS and embassies. We have a family friend who has worked in several of the US embassies in central America as an interviewer for visas and he has confirmed this mindset.

Here is from the FAQ section of the US Consulate in Chiang Mai, Thailand:

http://chiangmai.usconsulate.gov/askconsulmain/english.html

Q: My girlfriend and I are thinking of getting married, but I want to take her to the U.S. to meet my family before we decide. What kind of visa should she get?

You have two very different choices. She can apply for a tourist visa here in Chiang Mai or she can apply for a fiance visa in Bangkok (we don’t process fiance visas at the Consulate). If she applies for a tourist visa, she must qualify on her own; your status will be given very little consideration. In fact, if you live in the U.S., your relationship may even count against her because it will be harder to prove that she intends to return to Thailand, as is required for a tourist visa. Applying for a fiance visa takes longer and is more expensive, but is the right way to go if you are serious about getting married. Because some people abuse the tourist visa to avoid taking the time to apply for the fiance visa, we are very careful when deliberating cases such as hers."

No mention of "fraud" here but clearly they used the word "abuse" of the tourist visa.

[newlyweds2010 208]

there is a thing called fiancé visa on which you come to the US and get married and later on adjust your status into permanent resident: if that's your plan, this is the right way to go. It will take 4-5 months (probably even more) to get one: I know, it sucks, and we all have tried to figure out a faster way to be together with our loved ones.

coming here on a tourist visa or under the visa waiver program, getting married and then leave and do all the immigration process from home? that's cool, you can do it, get married in las vegas or hawaii or wherever else you want, but don't forget to leave before you overstay.

using the visa waiver program to come here, then marry and decide to adjust status from that? you can do that too, but you will have a hard time trying to convince USCIS that you did not enter with the previous intent to get married: that would be immigration fraud. I would not suggest to go this way.

[Fandango 1,439]

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.

I see your point, but at the end of the day, if anyone chooses to go the route of DIY with a visa, it's on his/her shoulders. We're not a bunch of lawyers here, we're not a help desk. A simple search of this site will explain the difference between 'destination wedding' and 'coming over to marry and settle fraud'. The onus IS on that person to find out what they need to. VJ, while of course striving to be accurate, is merely a collective of DIYers who are sharing anecdotal information only.

The information in this instance was accurate. I think you're more than welcome to add 'oh but in this other instance, blah de blah'....but the OP's question was clear.

[Terry Martin 1]

I would recommend at this point filing a form I 129F - this is the typical means to begin the K1 visa application process. The overwhelming consensus of the discussions surrounding these topics is that you're better off being patient and going about it via the recommended legal means. It might take longer but there are so many horror stories out there of couples being split up because they went about the process in the wrong way. There is more on the preferred process here: http://en.wikipedia.org/wiki/K-1_visa#Process_of_applying_for_a_K-1_visa

[lynJer 7]

aussies can have dual citizenship but must enter australia using their aussie passport...must be a tax thing I would say....

If I had my time again...I would marry on the visa waiver program by slipping to vegas...####### the k1..but if this is your first wedding/marriage...then I suggest you may want a bigger venue and all your family around to watch the event. However....the facts are Australia is a long way from America and a much different time zone...depending on what country you marry in...someones relatives are not likely to be able to attend. I think putting a big wedding on is great but be realistic and dont expect people from the other side of the world to attend.

the K1 visa took us ages..and now I sit in another country unable to work waiting for an expensive wedding that hardly any of my family or friends can afford to attend....once we marry, I then have to apply for an adjustment of my temp residential status another thousand dollars if you dont mind... which takes another 4 mths to come through. I think the non real resident status for both australia and usa is a strain on my characture and well being....I just want to knuckle down to work, buy a house, lease car, get settled etc....it just seems to take forever as you sit waiting feeling im 'not on the bus & Im not off the bus'

good luck

[Gary and Alla 3,694]

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).

Certainly it is not illegal or fraud. He is welcome to come as a tourist and get married, he can even announce this at his POE. Then file for a CR-1. He can stay as long as his tourist visa allows, then he can go back and do the interview and return when he has his CR-1 visa (or come back for another visit if his tourist visa allows while he waits)

The only problem is when you fraudulently intend to avoid the proper process, not when you get married on a tourist visa.

[Gary and Alla 3,694]

aussies can have dual citizenship but must enter australia using their aussie passport...must be a tax thing I would say....

If I had my time again...I would marry on the visa waiver program by slipping to vegas...####### the k1..but if this is your first wedding/marriage...then I suggest you may want a bigger venue and all your family around to watch the event. However....the facts are Australia is a long way from America and a much different time zone...depending on what country you marry in...someones relatives are not likely to be able to attend. I think putting a big wedding on is great but be realistic and dont expect people from the other side of the world to attend.

the K1 visa took us ages..and now I sit in another country unable to work waiting for an expensive wedding that hardly any of my family or friends can afford to attend....once we marry, I then have to apply for an adjustment of my temp residential status another thousand dollars if you dont mind... which takes another 4 mths to come through. I think the non real resident status for both australia and usa is a strain on my characture and well being....I just want to knuckle down to work, buy a house, lease car, get settled etc....it just seems to take forever as you sit waiting feeling im 'not on the bus & Im not off the bus'

good luck

I would never suggest or consider anything that could even possibly endanger the immigration status of my family. They deserve to have the rights and privileges associated with legal entry and following the rules and I would never sleep if I thought that could be denied. Waiting a few months is fine with me to assure a lifelong good result.

[marlea 84]

If I had my time again...I would marry on the visa waiver program by slipping to vegas...####### the k1.

I think this is risky to say in the current climate. There are many people who did just that, came and married on the VWP, whose AOSs are sitting on someone's desk somewhere, not being adjudicated as USCIS waits for a policy adjustment on how to deal with these cases. There is a HUGE risk right now that they are going to soon start cracking down on people who attempt to adjust from the VWP, and anyone who is denied is immediately deport-able, which then instates a ban. That would mean that there could be many American spouses that will have a forced separation from their foreign spouses and they will either have to move to the foreign country to be with them or apply for a hardship waiver. I am much happier spending a bit more money, having my husband not able to work, and be certain that we are legal and settled than to risk his possible deportation.

Edited September 29, 2010 by marlea