Can my girlfriend move home with me to get married and stay?

[Shantoll 0]

Help Please.

am US citizen living with my gf in a different country, however my contract finish in September.

I would like to take her with me and get married in the US.....she already have a visitors visa, what are the chances of getting her legalize?

she lives with me and i know its going to be hard on her.

[Penguin_ie 5,994]

Shantoll:

What you are considering is immigration fraud and can lead to a lifetime ban for her, meaning she would be deported and could never again enter the USA.

You have three options:

- Marry now and apply for a CR-1 spousal visa. Depending on where you live, you may be able to file DCF (directly with the embassy) if you have been there 6+ months and have her in the USA within a couple of months. If you are in Jamaica, do look at that option. I would recommend this.

- Apply for a K1 (fiancee visa) now.

- Go throiugh with your plan,, and apply for a CR-1 once married in the USA. She MUST leave when her tourist stay is up to do things the legal way.

In all three scenarios, she can visit during the process with her tourist visa, but must be careful not to overstay.

[VanessaTony 3,567]

Why not DCF?

[milimelo 4,486]

Why not DCF?

Yes, he qualifies if he is in Jamaica as there is a USCIS office in Kingston.

[sus 70]

Your best option is to marry and file for her while you are still living in Jamaica - see below for info (a little old, but still relevant)

http://jamaica-gleaner.com/gleaner/20091215/news/news1.html

She cannot legally come here on her visitor visa, marry, and then stay - You LEGALLY should do the K1, DCF, or CR-1 - You can come back here and have her visit (since she has her visitor visa already) while the immigration is proceeding.

[Ban Hammer 13,352]

one post removed that violates vj tos.

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[Shantoll 0]

thanks all, but am not living in Jamaica. SXM is the Dutch Caribbean island. post remove pm me.

[Kathryn41 3,205]

Just a reminder that when you correspond with someone via PM for immigration advice you are running a serious risk. While most of our members are knowledgeable in immigration matters, many are less knowledgeable than others. A few - especially recent members - still have some mistaken beliefs about the immigration process and may lead you into danger. Following their advice may end up causing you unaccountable grief.

To re-iterate, visa fraud is considered one of the most serious breaches of immigration law and is severely punished - often with consequences that appear far harsher than the situation seems to warrant. You can ask many sadder but wiser individuals who are now living their lives outside of the US with their foreign spouse who has been banned for life from the US.

Entering the US on a visa meant for one purpose - as a visitor - but with the full and knowing intent of using it for another purpose as a means to bypass the appropriate visa process is considered visa fraud. There is an appropriate visa for a spouse to join his/her US citizen partner in the US and there is a process by which a US citizen can get permission for his/her fiancee to travel to the US and apply to remain in the US as a permanent resident. Even though the process will take longer, it is far safer for your future happiness and well-being. There is no statutes of limitation on visa fraud. The consequences may take effect right away - or 5,10, 15 years from now. You will live with that 'fear' for however long it takes until it is discovered.

No-one 'likes to be apart from their loved ones, and in an ideal world, that wouldn't happen. Unfortunately, this is far from an ideal world and US immigration agencies (USCIS and DOS) are rules-driven, insensitive, hard-nosed, non-commiserating and unforgiving. If you expect them to understand about love, then expect again. They 'understand' about love- and it doesn't make one bit of difference to their rules. If you don't follow the rules, then not only are you denied the benefit which you desire - you may suffer challenging consequences in addition.

So, do not play fast and loose with the idea that it is at all right for your partner to enter the US with you on a visitor's visa with the intention of remaining in the US and becoming a permanent resident. To do so is like playing with fire - you - and she - will be badly burned. This is not something you want to do to the person you love. If she is worth spending the rest of your life with, then she is worth doing it the legal way. Don't be so selfish and short-sighted as to think that your immediate gratification is worth being paid for by putting your long term happiness at risk. It isn't.

Edited August 27, 2011 by Kathryn41

[jachey 1]

I think orginal question was out of sincere lack of knowledge of the visa process and not to bypass the process or potentially commit fraud. I think collectively it has been explained that she cannot enter in the US on a Vistor's visa knowing that the true intent is to eventually marry a US citizen. The proper process will be for you the US citzen to either file 1. File a petition to bring your non-US citizen fiance to the US to marry (this is a K-1 Visa), which must be done in 90 days of their arrival and follow through with procedures so she can become a lawful permenant resident 2. Marry in the country that you are in and then file petition to bring your spouse to the US (this is a CR-1 Visa or 3. Marry in the country that you are in and file the petition to bring your spouse to the US at the US embassy that is located in the country in which you are residing (this is a DCF).

This site is filled with viable information to help you understand what these visas are their pros and cons and process in which the US citizen must follow to bring their fiance or spouse to the US. I think its important to note that comments provided by others in this post is important information you should keep in mind about the dangers and possible appearance of knowingly committing fraud against the visa process.

Good Luck

[sus 70]

thanks all, but am not living in Jamaica. SXM is the Dutch Caribbean island. post remove pm me.

You selected Jamaica as your country - look at the regulations for the country you are in, and follow the guidelines for where you are living - DCF should still be possible if you do it before you leave.