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jmt111

Non-immigrant (visitor) visa to get married in the US

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Filed: Timeline

But if he applies for a fiancé visa, won't the immigrant visa officer say:

"You just applied for a non-immigrant visa last month. Now you are applying for a fiancé visa. This further proves that you just wanted to go to the US on a visitor visa to get married and circumvent the immigration process. You were trying to defraud the system. Therefore, we will not grant you the fiancé visa."

Definitely not.

If all the requirements are met, he can't be denied K-1 visa, just because he applied for B2 visa before (and was denied).

Besides there are months between the day you apply for a K-1 visa for him and him getting the actual visa.

Edited by Asia
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Filed: IR-5 Country: Ukraine
Timeline

Intent is what rules in this situation. Being a fiancé before arriving on a non immigrant visa is ok as long as you don't get married and adjust your status because that is when you show you intended to immigrate when you entered. They will investigate this during the process, including the interview and can and do deny. If on the other hand you were friends without serious romantic feelings when you applied and when you entered, nothing can stop you from growing those feelings once here. You would have to show that you came for a real purpose other than getting married and had a reason to originally stay for the however many months it takes from entry until marriage. Like I said, risky and in this situation you'd be lying so not a good idea. But people marry and adjust status all the time ( more common on a student visa).

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Filed: AOS (apr) Country: Philippines
Timeline

But if he applies for a fiancé visa, won't the immigrant visa officer say:

"You just applied for a non-immigrant visa last month. Now you are applying for a fiancé visa. This further proves that you just wanted to go to the US on a visitor visa to get married and circumvent the immigration process. You were trying to defraud the system. Therefore, we will not grant you the fiancé visa."

hi, just sharing. i applied for tourist visa for the same thought of getting married in the US and not coming back but i was denied. 6months after my now husband filed for a fiance visa and i was approved. i don't think your previous application for a tourist visa will contribute to a denial of a fiance visa. as long as all documents and evidences will establish your relationship with each other.

i was on fiance visa and it only took me 3.5 months to process everything, get approved and get married here in the US. that's not too long i think, than the immigrant visa for a spouse if you guys get married in your own country. the only benefit for that is you arrive in the US as immigrant, unlike for a fiance visa, it was shorter but when i got here i need to change my status after we got married and then remove all conditions for my permanent residency after two years.. but it was ok, before you know it you'll be packing up your documents for naturalization or citizenship.

if you have the tourist visa, get married here - you can stay or not after the wedding. Staying will only opt you for a change of status. Leaving too will have a need for a spousal visa (which will take forever!), you no longer need to file for fiance visa because you're already married, right??? I don't think too that you will be denied of a change of status once you get married, as long as everything about your relationship with the US citizen is true.

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