Marrying on Tourist Visa with no intent to stay

[Ketsuban 1,034]

Something else I've just thought of....

Given that the K-1 visa has been approved, it would obviously need to be cancelled. When I pass through Immigration, will it show on their system that I have a Fiancee visa approved/cancelled? and either affect my being able to pass through Immigration?

I'm sorry but I can't answer this. Hopefully others who are involved in this thread have better knowledge.

[Bazerk83 0]

I'm sorry but I can't answer this. Hopefully others who are involved in this thread have better knowledge.

No problem. Thanks again mate!

[Nich-Nick 3,354]

Another question though, let's say I tell them I'm 'Visiting my fiancee, friends and having a vacation' (as is the truth and always what I've told them since we've been engaged) and they don't then ask if I'm getting married and as such I don't then tell, when I'm interviewed for my Spousal Visa, will this come back to bite us?

Given that the CBP (airport guys) are under the Dept of Homeland Security and your visa interview at the embassy falls under Dept of State, I hardly see how they could know what you said. They are separate government bodies and don't share much. And they aren't that thorough. The London embassy is not the FBI tracking down every clue on crime case. Short easy interview. (The FBI is under the Dept of Justice, by the way and doesn't like to talk to the other two much either, hahaha )

Something else I've just thought of....

Given that the K-1 visa has been approved, it would obviously need to be cancelled. When I pass through Immigration, will it show on their system that I have a Fiancee visa approved/cancelled? and either affect my being able to pass through Immigration?

The K1 visa was not approved. That would happen in London and you would be sending application forms to apply for the visa. Your fiance's petition was approved, allowing you to apply for a visa. The petition will expire in four months, so if you never apply for a visa, it dies. London will send you a letter of instruction on how to apply. If you don't respond with application, they will write you in about 6 months asking if you are still interested. At that time you can tell them you married your fiance and are no longer eligible for a K1 and you are working on a spouse visa.

Does CBP know about your petition? I asked that question three times. Once I called CBP info number and had a long chat with the Information officer. He said no. On two other times, when arriving from the UK and going through the immigration line I asked, "so what's on that computer of yours about me? Do you know I have a fiancé in the UK? If he came through, would you know he had a petition in the works?" He said No. He said he had entries, exits, overstays, bad guys. I think he meant criminals and terrorists.

So that is my experience to answer your question. I have read another person on here that swears they know. Yes, I agree they may know you have a fiancé if you said before you were visiting a fiancé. It could be in the notes. Do they get every petition filed, approved, cancelled? I kinda doubt it, but who knows? And if you are the lovely, respectable English gentleman you seem, with a good job, I'm sure you could talk your way through any question they have with a reasonable, truthful explanation...petition took too long, we planned a wedding we can't afford to cancel, everybody has bought plane tickets, so I will return to the UK and start over on a new visa as that is the law. Just don't volunteer your life story until they ask. It is reasonable to visit on a summer holiday.

[Bazerk83 0]

Nick. You are the man. I can safely shut the *** up now because you've well and truly answered all my questions and set aside my fears. Thank you so very. very much!!!

[CaroSL 68]

Never mind as OP realizes that they are throwing the money and time spent on the K-1 out the window.

Dave

If they planned a wedding, canceling it is much more expensive than cancelling the K-1.

Yes, everybody here says not to plan anything before having the visa.... but not everybody has been on the forum before planning the wedding. That must be a hard enough decision for them without having the VJ community throw stones at them too...

[CaroSL 68]

Does CBP know about your petition? I asked that question three times. Once I called CBP info number and had a long chat with the Information officer. He said no. On two other times, when arriving from the UK and going through the immigration line I asked, "so what's on that computer of yours about me? Do you know I have a fiancé in the UK? If he came through, would you know he had a petition in the works?" He said No. He said he had entries, exits, overstays, bad guys. I think he meant criminals and terrorists.

You are the petitioner though... the fact that you petition someone doesn't affect your status, you are still a USC.

If I'd plug the petition to a name, it would be to the one of the beneficiary. It is the one they are worried about.

But of course I don't know that they do.

I would say I visit my fiancé if they ask. And say that I have no intention to marry and stay, I am just visiting, here are the proof I want to go home.

[Judy2Rock 7]

No problem. Thanks again mate!

I got married in the US on my Tourist visa then returned to my country. I however, visited my husband during the process.

If you should get married then you would have to re file for CR1 visa and not the K1 visa.

[Bazerk83 0]

You are the petitioner though... the fact that you petition someone doesn't affect your status, you are still a USC.

If I'd plug the petition to a name, it would be to the one of the beneficiary. It is the one they are worried about.

But of course I don't know that they do.

I would say I visit my fiancé if they ask. And say that I have no intention to marry and stay, I am just visiting, here are the proof I want to go home.

Thank you for your support in the previous post. It's nice that people realise how tough the process and certain decisions can be in different situations.

Regarding telling them 'I do not intense to marry and stay' technically that would be true but I don't think I'm comfortable using a tricky statement like that when I do intend to marry and it would strike me as being untruthful in way given that I'd be telling them 'I don't intend to marry....'

I think I'll tell them I am visting my fiancé and then if they ask about marriage I will be honest and provide proof that I intend to return home as I have commitments there.

I got married in the US on my Tourist visa then returned to my country. I however, visited my husband during the process.

If you should get married then you would have to re file for CR1 visa and not the K1 visa.

When you passed through CDP airport immigration did you openly tell them you were getting married or not? Or if not did they ask you if you planned to get married?

[CaroSL 68]

Thank you for your support in the previous post. It's nice that people realise how tough the process and certain decisions can be in different situations.

Regarding telling them 'I do not intense to marry and stay' technically that would be true but I don't think I'm comfortable using a tricky statement like that when I do intend to marry and it would strike me as being untruthful in way given that I'd be telling them 'I don't intend to marry....'

I think I'll tell them I am visting my fiancé and then if they ask about marriage I will be honest and provide proof that I intend to return home as I have commitments there.

That sounds like a very good plan!

[EmigratingSwede 16]

I got married on a VWP (She lived with me in Sweden at the time, but we wanted her extended family to be able to attend, we later went the CR-1 route). I made sure to have a letter from my employer, proof of home ownership in Sweden and bank account records, but I never needed them. I just said I was on vacation (which was indeed the case).

On hte other hand I have a friend who told the CBP officer that he was getting married. He ended up missing the wedding because they feared he would stay illegally. Don't volunteer information and don't lie to direct questions.

[Judy2Rock 7]

Thank you for your support in the previous post. It's nice that people realise how tough the process and certain decisions can be in different situations.

Regarding telling them 'I do not intense to marry and stay' technically that would be true but I don't think I'm comfortable using a tricky statement like that when I do intend to marry and it would strike me as being untruthful in way given that I'd be telling them 'I don't intend to marry....'

I think I'll tell them I am visting my fiancé and then if they ask about marriage I will be honest and provide proof that I intend to return home as I have commitments there.

When you passed through CDP airport immigration did you openly tell them you were getting married or not? Or if not did they ask you if you planned to get married?

No I did not mention anything about marriage to them and they never asked, they only ask how long I am staying and the purpose of my trip. I told them my return date and told I am on my vacation.

I visited my husband after we got married and before the I-130 was approved and never had a problem with immigration and I even booked my ticket in my married name and took my marriage certificate with me.

There wont be any problems to get married in the US on your tourist visa, just make sure that you don't overstay your time, that's what is important to them.

[Nich-Nick 3,354]

You are the petitioner though... the fact that you petition someone doesn't affect your status, you are still a USC.

If I'd plug the petition to a name, it would be to the one of the beneficiary. It is the one they are worried about.

But of course I don't know that they do.

I would say I visit my fiancé if they ask. And say that I have no intention to marry and stay, I am just visiting, here are the proof I want to go home.

I asked if they had info on mine or would they have it on my foreign fiance's record. I was asking if there was any visa petition info on the CBP computer screens at the airport for either party. They told me no. I quiz officials when get the opportunity. I quiz them at Heathrow about things that come up on VJ out of curiosity that don't even apply to me just to see what they answer. Do these guys know everything? Likely not, so I am only reporting what I was told on 3 occasions by CBP officers. Edited July 2, 2013 by Nich-Nick

[CaroSL 68]

I asked if they had info on mine or would they have it on my foreign fiance's record. I was asking if there was any visa petition info on the CBP computer screens at the airport for either party. They told me no. I quiz officials when get the opportunity. I quiz them at Heathrow about things that come up on VJ out of curiosity that don't even apply to me just to see what they answer. Do these guys know everything? Likely not, so I am only reporting what I was told on 3 occasions by CBP officers.

Well then ok!

This is so nice of you to enquire about stuff and share them with us thanks!

[Ketsuban 1,034]

I asked if they had info on mine or would they have it on my foreign fiance's record. I was asking if there was any visa petition info on the CBP computer screens at the airport for either party. They told me no. I quiz officials when get the opportunity. I quiz them at Heathrow about things that come up on VJ out of curiosity that don't even apply to me just to see what they answer. Do these guys know everything? Likely not, so I am only reporting what I was told on 3 occasions by CBP officers.

With all due respect to you, the CBP officers are allowed to lie to you and lie all the time. If they told people the truth about what records they hold, it would be really easy to circumvent the law. Whether they do have this info or not, I don't know. But I don't think they would be honest about it and I don't think it is in the country's best interests to be so open about what information they can view on any one person.