Can we get married here?

[Nancy63 0]

Hello I'm Peter and I'm engaged to Nancy, I am a US citizen. Is it ok for me to marry my fiancee when she comes in January and apply for her when she leaves or should I apply for a fiancee visa instead. She has an 19 year old daughter can she obtain a visa as well? Is it correct if I marry my fiancee here in the US her daughter is not able to travel to the US?

[Pitaya 2,577]

Hello I'm Peter and I'm engaged to Nancy, I am a US citizen. Is it ok for me to marry my fiancee when she comes in January and apply for her when she leaves or should I apply for a fiancee visa instead. She has an 19 year old daughter can she obtain a visa as well? Is it correct if I marry my fiancee here in the US her daughter is not able to travel to the US?

Welcome to the forum. You ask several interesting personal questions, but ones that only can be answered by yourself. They can be easily accessed at the top of the forum page, under the "Guides" button.

Good luck on your visa journey.

[C-ma'am 684]

If she comes into the country as a visitor with the intention to get married and reside in the US with you, that's considered visa fraud.

You can marry while she is here, but she'll have to return to her home country so you can file a petition for a spousal visa OR you can file a petition for a Fiance(e) visa.

Here's a comparison chart. http://www.visajourn...content/compare Read up and find the visa that better suit your needs. DISREGARD the K3 option, as it is an obsolete visa.

I also moved your post to General Immigration Related Discussion; as your question is not related to a K1 visa process as of yet.

Edited November 14, 2012 by Celeste & C

[Harpa Timsah 13,258]

For you, a K-1 might be better, because children age 18-21 can come as K-2 children, but if you marry, then they cannot come, because the marriage will not take place before the child's 18th birthday (different category for CR-2 visa).

[Nancy63 0]

Thank you all for the reply. I read online a woman went on a tourist visa got married her husband apply for paper work and she never had to leave the country and never did any kind of interview. I'm not believing this or is it maybe cause her husband is wealthy?

[Harpa Timsah 13,258]

Thank you all for the reply. I read online a woman went on a tourist visa got married her husband apply for paper work and she never had to leave the country and never did any kind of interview. I'm not believing this or is it maybe cause her husband is wealthy?

It's sort of possible, but those circumstances don't apply to you. 1. Your fiancee is not in the US right now, and 2. You couldn't petition for her kids that way.

[Nancy63 0]

What is the best way?

[rade2rising 205]

apply for K1 that is best way now hurry and do it

[Waiting_In_SC 28]

Hello I'm Peter and I'm engaged to Nancy, I am a US citizen. Is it ok for me to marry my fiancee when she comes in January and apply for her when she leaves or should I apply for a fiancee visa instead. She has an 19 year old daughter can she obtain a visa as well? Is it correct if I marry my fiancee here in the US her daughter is not able to travel to the US?

Here's the deal. You want to know if it's ok for you to marry her when she's here. Sure, assuming you're legally able to wed (read, not still married to someone else), you are completely free to marry your fiance when she's here. What you do after that is completely up to you.

You have 3 options, really.

1) She comes into the country, you get married, then apply for AOS while she's in the country. You may have some explaining to do. If they don't buy your claim that she didn't have intent to marry, you could be facing a removal of your wife, and a ban.

2) Get married, she goes back to her country, and you apply for a CR-1. You'll have followed the letter of the law, and she'll be here after a few months of separation.

3) Go the way of a K-1. She'll be approved after a few months, she'll enter the country, and you'll have 90 days to wed.

It really just depends on how risk-averse you are. My wife entered the country on a non-immigrant visa. She didn't have intent to marry when she crossed, but we got married after she had been in the country for about 70 days. We knew we were taking a risk, even though we didn't do anything wrong. It was never even brought up in our interview. Not even alluded to.

You just never know how USCIS officers are going to see your case, so doing it that way is always a bit of a risk, intent or not.

It really all boils down to how much of a risk you're willing to take. My advice would be to either do a K-1, or get married while she's here, send her home, then apply for the CR-1. You'll have a separation of a few months to deal with, but you won't have to sweat out a potentially ugly legal situation.

[C-ma'am 684]

Well, in the OPs case, it's not just about risks; it's about bringing the daughter too.

The best course of action is the one Harpa described bellow:

For you, a K-1 might be better, because children age 18-21 can come as K-2 children, but if you marry, then they cannot come, because the marriage will not take place before the child's 18th birthday (different category for CR-2 visa).

[Harpa Timsah 13,258]

The issue is not risk, the issue is the kids. They want the 19 year old kid to immigrate with them. That makes K-1 (and K-2 for the kid) the only possible option, to make that happen.

Edit: Celeste beat me to it

Edited November 17, 2012 by Harpa Timsah

[aaron2020 11,651]

What is the best way?

It depends on your goals.

How important is it to bring Nancy's 19 years old daughter to the US? There are essentially two choices; 1) bring her over now, or 2) wait 8 years for her mother to petition for her.

The K-1/K-2 route is the ONLY WAY to quickly bring your fiancee and her 19 years old daughter to the US. It is the only path that allows Nancy to bring her daughter with her to the US.

If you get marry in ANY OTHER WAY WITHOUT THE K-1, then it will take 8 years after Nancy gets her green card before her SINGLE (NOT MARRIED) daughter can immigrate to the US.

Here are the results of your 3 choices as outlined by a previous poster;

1. Marry in US while Nancy visits and she stays. PRO: Most likely, she will get a green card. CON: Her daughter cannot immigrate with her. Nancy could be denied her green card if USCIS believes at the time that she entered the US, she had the intent to immigrate to the US (which is prohibited).

2. Marry in US while Nancy visits and she returns home. PRO: Most likely, she will get a green card. CON: Her daughter cannot immigrate with her.

3. Nancy visits, DOES NOT GET MARRY, and returns home. You file for the K-1/K-2. PRO: Mom and daughter both immigrate to the US. CON: Cost - since you are paying for two instead of one.

Edited November 17, 2012 by aaron2020

[Waiting_In_SC 28]

Well, in the OPs case, it's not just about risks; it's about bringing the daughter too.

The best course of action is the one Harpa described bellow:

The issue is not risk, the issue is the kids. They want the 19 year old kid to immigrate with them. That makes K-1 (and K-2 for the kid) the only possible option, to make that happen.

Edit: Celeste beat me to it

You're both right. I completely glazed over the issue of the daughter.

[Xanax 349]

K-1 is the best bet for you as the daughter can come with the K-2

Good luck

[Nancy63 0]

I am confused, we finally consulted an immigration attorney and she advised us that with the K-1 visa nancy's daughter is not able to come with to the US. I don't understand. She is over 18 but with a fiancee visa we can right?