my fiance and i want to marry him in USA

[fancy 0]

My fiancee or wife is already

in the U.S. What Now?

ALERT

March 6, 2011

Visa Waiver Program Changes

A foreigner who is already in the U.S. is welcome to marry a U.S. citizen or other person while here. Generally, it is not necessary to have any immigration status to marry in the U.S. This is because marriage is according to State law. State marriage law is separate from U.S. Federal immigration law. For example, two Italians fly to Las Vegas, marry on a weekend, and return to Italy. U.S. immigration is not a concern for this couple. The marriage itself is valid.

In most cases a foreigner who marries a United States citizen will want to remain in the U.S. and apply for a green card based on marriage. In some cases, it can be possible to obtain a green card while in other cases it can be unsafe or even prohibited to remain in the U.S. after marriage. Immigration filings must be handled properly in order for the foreign spouse to reside lawfully in the U.S. on a permanent basis.

If the foreigner enters the United States on either a K1 fiancee visa or K3 spousal visa, the foreigner is welcome to remain in the U.S. and apply for a green card. Eventually the foreign spouse can apply for U.S. citizenship as well.

If the foreigner came to the U.S. without a K visa, it is often necessary and proper to return the foreigner home. He or she would soon after return to the U.S. on a K3 or CR marriage visa. Each U.S. immigration visa has a specific purpose. You should not run the risk of violating immigration laws, thus causing problems for your loved one by using a visa for the wrong purpose.

There can be certain times when it makes sense to try and process a case "State-side" without first returning the foreigner home. Your best choice in how to proceed depends on your situation.

In order to advise properly we will need to know:

When the foreigner arrived in the U.S.

What type of visa he or she has

When his or her stay in the U.S. will expire

Whether he or she has been out of status at anytime

If married, when and where the marriage took place

We need this history before we can determine your options. Immigration agencies are on the prowl, looking for improper use of a visa when entering the U.S. Each visa has a particular purpose. Some want to "pretend" to visit, but are actually seeking to immigrate to the U.S. based on marriage. Any misrepresentation or misuse of a visa is grounds for a bar from the U.S., married or not.

Illegal or Out of Status

If your foreign fiancee or spouse entered the U.S. illegally or on a visa, but now his or her stay on that visa has expired, then you should not take steps without first consulting with a licensed and an experienced U.S. immigration attorney who specializes in this area of immigration law. There are a variety of different laws that come into play. It gets complicated. Each case is different. For more information, please click on 601 Bar Waivers.

Our law firm has been practicing marriage based immigration law exclusively for more than 21 years. We are licensed and qualified experts. If you will phone us we will be glad to answer any of your questions confidentially at no charge.

About Allan

---------

Edited March 3, 2012 by fancy

[**The Dude** 7]

well said fancy..getting married there while being there on a visitor visa is not against the law and its not fraud fraud fraud!! like ppl kept saying, however OVERSTAYING any kind of visa without any kind of status change from immigration is against the law...so Mr mar0 if u have ur visa go to your fiancee & get married and be happy just when those three months or simply the 5 years end go back home(because simply there r vistor visa that r valid for 5 years) which am sure you will be able to get some kind of change of status by then.

over & out

[**The Dude** 7]

oh yeh forgot to say that all been said am totally for K1 because u dont wanna be one of those bad bad ppl that all their fault that wanted to be happy and do it "right" and decided to get married 1st-and how dare they!- r stuck now in the land of broken toys had to wait for long long months with uscis & then long long long months in AP.

over & out

[DeeDee&Sam 68]

oh yeh forgot to say that all been said am totally for K1 because u dont wanna be one of those bad bad ppl that all their fault that wanted to be happy and do it "right" and decided to get married 1st-and how dare they!- r stuck now in the land of broken toys had to wait for long long months with uscis & then long long long months in AP.

over & out

[sheeshkabelle 153]

My fiancee or wife is already

in the U.S. What Now?

ALERT

March 6, 2011

Visa Waiver Program Changes

A foreigner who is already in the U.S. is welcome to marry a U.S. citizen or other person while here. Generally, it is not necessary to have any immigration status to marry in the U.S. This is because marriage is according to State law. State marriage law is separate from U.S. Federal immigration law. For example, two Italians fly to Las Vegas, marry on a weekend, and return to Italy. U.S. immigration is not a concern for this couple. The marriage itself is valid.

In most cases a foreigner who marries a United States citizen will want to remain in the U.S. and apply for a green card based on marriage. In some cases, it can be possible to obtain a green card while in other cases it can be unsafe or even prohibited to remain in the U.S. after marriage. Immigration filings must be handled properly in order for the foreign spouse to reside lawfully in the U.S. on a permanent basis.

If the foreigner enters the United States on either a K1 fiancee visa or K3 spousal visa, the foreigner is welcome to remain in the U.S. and apply for a green card. Eventually the foreign spouse can apply for U.S. citizenship as well.

If the foreigner came to the U.S. without a K visa, it is often necessary and proper to return the foreigner home. He or she would soon after return to the U.S. on a K3 or CR marriage visa. Each U.S. immigration visa has a specific purpose. You should not run the risk of violating immigration laws, thus causing problems for your loved one by using a visa for the wrong purpose.

There can be certain times when it makes sense to try and process a case "State-side" without first returning the foreigner home. Your best choice in how to proceed depends on your situation.

In order to advise properly we will need to know:

When the foreigner arrived in the U.S.

What type of visa he or she has

When his or her stay in the U.S. will expire

Whether he or she has been out of status at anytime

If married, when and where the marriage took place

We need this history before we can determine your options. Immigration agencies are on the prowl, looking for improper use of a visa when entering the U.S. Each visa has a particular purpose. Some want to "pretend" to visit, but are actually seeking to immigrate to the U.S. based on marriage. Any misrepresentation or misuse of a visa is grounds for a bar from the U.S., married or not.

Illegal or Out of Status

If your foreign fiancee or spouse entered the U.S. illegally or on a visa, but now his or her stay on that visa has expired, then you should not take steps without first consulting with a licensed and an experienced U.S. immigration attorney who specializes in this area of immigration law. There are a variety of different laws that come into play. It gets complicated. Each case is different. For more information, please click on 601 Bar Waivers.

Our law firm has been practicing marriage based immigration law exclusively for more than 21 years. We are licensed and qualified experts. If you will phone us we will be glad to answer any of your questions confidentially at no charge.

About Allan

---------

The INA provides an individual two primary paths to permanent resident status. Adjustment of status is the process by which an eligible individual already in the United States can get permanent resident status (a green card) without having to return to their home country to complete visa processing.

Family Based

Family based categories require that a U.S. citizen or permanent resident relative file a Form I-130, Petition for Alien Relative, for you. (I-130 for CR/IR-1, K-3, K-1 Fiance Visa)

Employment Based

Employment based categories most often require the intending U.S. employer to file a Form I-140, Petition for Alien Worker, for you. Entrepreneurs who intend to invest significant amounts of capital into a business venture in the United States may file Form I-526, Immigrant Petition by Alien Entrepreneur” on their own behalf.

[Counselorette 2]

I will be asked the purpose of your visit upon your arrival to the US. If you disclose your plans to marry and remain in the country, you will be refused entry and admission. If you lie, then there will be consequences.

It is much better to go through consular processing in your case; there also might be options to expedite it. Just do everything legally!

Anna