non usa visiting usa on tourist visa getting married

[JayJayH 546]

In fact, even if your boyfriend had two feet on US soil, and paraded outside the USCIS with a huge banner saying "I am a US citizen!" (False claim to US citizenship is a felony, punishable by a lifetime bar without appeal) - he would not be deportable because deporting him to Cuba would fall under "cruel and unusual punishment." If he were to lie to an immigration officer, he wouldn't be able to adjust status, but wouldn't be deported either. He'd be illegal, but not deportable.

Edited December 14, 2013 by Yang-Ja

[pepper44 18]

yup I just read up on the act.. However I would be scared to tell him when he comes to just stay here. But it sure would take the stress off me of having to do all this paper work and pay all these fee's when he can stay and adjust status in a year! lol

Why do others on here that wanted to marry a cuban not go this route?

[JayJayH 546]

Why do others on here that wanted to marry a cuban not go this route?

To adjust status under the act, the Cuban must first be in the United States.

I believe the chances of an unmarried, average Cuban citizen getting a tourist visa to the US to be slim to none. Why? Because to get a tourist visa, one must intend to return home, otherwise they wouldn't be a tourist.

US consular officers are prohibited by law from issuing a non-immigrant visa to anyone they believe might intend to immigrate. The burden of proof is on the applicant to show that they don't.

So in the eyes of a consular officer, the scenario is this:

A tortured and imprisoned soul from the dungeon of doom applies for a visa to visit the land of freedom, sugar and candy canes. The poor soul has a girlfriend in the home of he brave too. The consular officer has to, by law, presume that he does not want to return to his torture chamber, but rather stay and continue to breathe the free air of America. The applicant has to prove otherwise to get the tourist visa.

I'm sorry for the colorful language. I do find it interesting that Cuba is compared to the likes of North Korea, but I don't make the laws. I just interpret them.

Edited December 14, 2013 by Yang-Ja

[pepper44 18]

I get what everyone is saying here. I was only wonder about his and my options. His god child applied for a visa for him to come visit. I am not sure what type of visa she applied for but it was in the works before him and I became an item so I not mentioned on his application nor will he mention me at his interview come april. So who knows if his visa will be approved to visit or not if not its fine I will still continue to do the k1 visa. It would be ideal though if he could get here without me having to do all this paper work.

[JayJayH 546]

For a tourist visa, he has to apply on his own, no one can apply for him. If it is in the works, you'll know when he interviews for the visa. It will not be easy for him to get a tourist visa, but the chances are greater of he applies than not applying at all.

A tourist visa refusal will have no bearing on his eligibility for a K-1 later.

[Ajidica 1]

Hi,

I've been looking for information regarding this matter, hope that someone would help me out.

Just like in this thread, me and my fiancee (she's in the US, not yet citizen though. Her family moved there because of her father's company who gave him a working visa H-1B i think) are planning to get married there next year. We've been together for almost 2 years, and I proposed to her last February 2012. My mom is also in America, having married a US Citizen last May.

I will return home after getting married to her then she'll start working for the petition. I'm now working on to secure the things needed to prove that I am really coming back here. I don't intend on staying after the marriage since I am currently employed here and have businesses to tend to.

Is this plan of ours entirely possible and legal?

Thank you so much to those who would help.