Tourist Visa to Fiance Visa-Enlighten Me

[Briamatia 0]

Hello Everyone!

Thanks in advance for your comments, opinions, knowledge.

My boyfriend and I have been in a domestic partnership for four years, living in Kathmandu. He came to visit/meet my friends and family in California during the summer of 2009. He had (the visa ran out in November 2011)a tourist visa. As things may go I have been having trouble finding gainful employment in Nepal and have a job offer back in California. If selected I am planning on taking the opportunity which will have me in Cali for the next 2 to 5 years. So my questions/concerns are the following:

1. Yes, we have been discussing the prospects of marriage, with the large ceremony happening in Kathmandu at the very very earliest 2013 (but this job possibly much later). Friends of ours (Nepali/American couple) suggest that we switch his visa upon arrival (or shortly after). They reported on having a prolonged process because they were married in Nepal, she left early, and a few months later he filed a fiance visa. Should we apply for the visitors visa? Should we apply for a tourist visa and switch? Or should we just apply for the fiance visa from the start?

2. Upon starting the process of K1, how long would he be required to stay in America? He has two businesses in Nepal as well as elderly parents they would require him to return to Nepal periodically (at least once a year).

Thanks again everyone!!

[NancyNguyen 1,658]

Visitor visa to get married is immigration fraud. Do the proper way if he is in Nepal.

[ValerieA 350]

Briamatia, if I understand correctly, you would be getting married in 2013 and moving back to the US after that? If so, consider doing a civil ceremony earlier (soon) and filing for a spousal visa (CR-1). You will be all done with the process by the time you are ready to take that job in Cali, and he will get a Green Card shortly after entering the US.You can do direct consular filing, since you are both living in Nepal, which is faster than if you were based in the US .Direct Consular Filing Link If you file a fiance visa, he must still be your fiance when you enter the US, which would not be the case here.

Visitor visa to get married is immigration fraud. Do the proper way if he is in Nepal.

Just to clarify: getting married on a visitor visa is fine. However, entering the US on a non-immigrant visa, with the intent to immigrate, is visa fraud. Marriage is not the issue, immigrating is.

[Harpa Timsah 13,258]

Is your bf in the states now or in Nepal?

[JimVaPhuong 4,863]

Briamatia, if I understand correctly, you would be getting married in 2013 and moving back to the US after that? If so, consider doing a civil ceremony earlier (soon) and filing for a spousal visa (CR-1). You will be all done with the process by the time you are ready to take that job in Cali, and he will get a Green Card shortly after entering the US.You can do direct consular filing, since you are both living in Nepal, which is faster than if you were based in the US .Direct Consular Filing Link If you file a fiance visa, he must still be your fiance when you enter the US, which would not be the case here.

All correct except for the DCF. There is no USCIS field office in Nepal, so DCF is not possible there. The petition will need to be filed in the US.

http://nepal.usembassy.gov/usc.html

[Briamatia 0]

Hi ValarieA,

Actually we planned on first being married in Nepal before heading over to the states. Our desire is to be able to move freely between countries and not necessarily migrate. If this job happens (and if it does I will be leaving soon, within two weeks) we will not be married and he will have no valid visa. So I am debating on how to approach this situation. I also don't want rushed into getting married (financially we are not ready), but at the same time want my partner to have the opportunities to stay longer than six months and to be able to work legally if he so chooses.

CR-1 can still be an option if I can find work in Nepal. The is the objective and the most ideal possibility, but life doesn't go as planned.

Can you file a DFC in another country other than the spouses home country and America?

Thanks again for your insight and kind words!

Briamatia, if I understand correctly, you would be getting married in 2013 and moving back to the US after that? If so, consider doing a civil ceremony earlier (soon) and filing for a spousal visa (CR-1). You will be all done with the process by the time you are ready to take that job in Cali, and he will get a Green Card shortly after entering the US.You can do direct consular filing, since you are both living in Nepal, which is faster than if you were based in the US .Direct Consular Filing Link If you file a fiance visa, he must still be your fiance when you enter the US, which would not be the case here.

Just to clarify: getting married on a visitor visa is fine. However, entering the US on a non-immigrant visa, with the intent to immigrate, is visa fraud. Marriage is not the issue, immigrating is.

[ValerieA 350]

All correct except for the DCF. There is no USCIS field office in Nepal, so DCF is not possible there. The petition will need to be filed in the US.

http://nepal.usembassy.gov/usc.html

Thanks, Jim, I didn't even think to check if there was an embassy.

[Briamatia 0]

Hi Harpa Timsah,

We are both currently in Nepal. I am debating on what visa he should file for. If he does apply for a K-1 visa how long would he have to stay in the states?

Is your bf in the states now or in Nepal?

[ValerieA 350]

Hi ValarieA,

Actually we planned on first being married in Nepal before heading over to the states. Our desire is to be able to move freely between countries and not necessarily migrate. If this job happens (and if it does I will be leaving soon, within two weeks) we will not be married and he will have no valid visa. So I am debating on how to approach this situation. I also don't want rushed into getting married (financially we are not ready), but at the same time want my partner to have the opportunities to stay longer than six months and to be able to work legally if he so chooses.

CR-1 can still be an option if I can find work in Nepal. The is the objective and the most ideal possibility, but life doesn't go as planned.

Can you file a DFC in another country other than the spouses home country and America?

Thanks again for your insight and kind words!

Ah, sorry, I misunderstood your post, I thought the job was for way in the future. So, if you get it, you can do either marriage or fiance visa, filing in the US. The only troubling thing is that you don't seem to actually want to have him become a permanent resident yet - if he gets a green card, he needs to spend a certain amount of time each year living in the US - others can tell you how much. Now, if you do the CR-1, he will be able to work legally when he enters the US on that visa. If you do the fiance visa, he will have to still adjust status after you are married before he can work - again, someone else can give you the timelines for that, but I am thinking 3 months? I am going to bow out of the discussion now, since I have experience on AOS, a little on CR-1, and none on fiance, so I am not the best person to advise you. : Good luck, whichever path you choose!

[aaron2020 11,651]

Do not do what your friends are doing or suggesting. It is illegal to enter the US on a tourist visa (a non-immigrant visa) with the intent to immigrate. It's also impossible to get a fiancee visa once a person is married, so I have no idea why your married friends are pursuing a fiancee visa; a spouse is not a fiancee.

You have two legal paths to bring your fiancee/husband to the US.

1. Fiancee Visa (K-1). File for your fiancee. He gets a K-1 visa. He enters the US. You marry him in the US. He files to adjust his status. He gets a conditional green card. (A fiancee cannot be married when he enters the US. If a person gets marry before using the K-1 visa, the visa becomes invalid because the person is no longer a fiancee.)
   
2. Spousal Visa (CR-1). Get marry in Nepal. You file for him as your husband. He enters the US. He automatically gets a green card.
   

The spousal visa route is cheaper than the fiancee visa because the fiancee visa requires filing to adjust status after entering the US to get a green card while the spousal visa automatically converts to a green card.

[desmond&molly 5]

Either options posted by aaron2020 involve getting married. 1)within 90 days of your hubby entering the US 2) before he can come to the US.

A 3rd option comes to mind but not sure how feasible it is so people please correct me if I'm wrong.

What if he gets a tourist visa and comes to the US with her? HOWEVER he doesn't work and makes sure he leaves when I-94 expires. And if they want they could get married in the US so long he doesn't apply for AOS (technically he could but since you guys have been together the AOS could be denied because there was intent to immigrate when coming as a visitor). If they were to get married in the US he, they could apply under CR-1 so long as he leaves the country when he's supposed to, right?

As for CR-1 while both living in a 3rd country...I would say yes but not too familiar with CR-1.

[ValerieA 350]

(technically he could but since you guys have been together the AOS could be denied because there was intent to immigrate when coming as a visitor).

Just to clarify a point that is often made in this forum - intent alone is not a reason to deny AOS. There would have to be other negative factors - like lying to a border guard.