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MVDF84

Marrying on Tourist Visa - USCIS officer said it's ok???

By MVDF84 in Tourist Visas

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MVDF84 Newbie

MVDF84   0

Posted
Filed: K-1 Visa Timeline
Posted

So I'm very confused now. I made an infopass appointment with all my questions ready for submitting a K1 visa, and mentioned that my fiance has a tourist visa and was wondering if she can come visit me. Officer Hicks in Newark NJ said "If she has a tourist visa there is no need for a K1 visa. Just marry her and adjust her status." I was shocked. I asked her if she's really positive about that, that I had been reading that to do so would be visa fraud and I want to do everything by the books and not risk having any problems. She said she's positive. It's only visa fraud if she obtained the tourist visa with the intention of marriage, now that she already has it she can use it to come here and get married.

This contradicts everything I have been reading on the internet... but shouldn't I trust an immigration officer more than the internet? Any thoughts? We're now planning on booking her flight to come here next month, and we're worried that the immigration officer at the airport will not let her enter the country. She quit her job, selling her car, everything!

Any thoughts?

Boiler Grand Master

Boiler   45,970

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

If she is here on a tourist visa she can stay and adjust.

If she arrives on a tourist visa with her worldly belongings and tells them she is going to stay she will be on the next plane back.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Hypnos Grand Master

Hypnos   6,578

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Entering the US on a nonimmigrant visa with the preconceived intent to remain and adjust status is visa fraud.

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blk Community Regular

blk   87

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

It's not Visa fraud to enter the US with the intention of getting married it's perfectly legal to do so, the time it becomes Visa fraud is if there was intention to remain & adjust status before entry.

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Mohamed&Laura Contributor

Mohamed&Laura   5

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted

We had an immigration lawyer tell us the same thing. My fiance had a 2 year, multiple entry, visa. We contacted an attorney to get advice in whether we should file K1 or K3. He scoffed and said, "Just marry on one of his visits and adjust status...as long as his intention was to visit it is not a crime to marry on a whim". We eventually decided to just file K1 because it suited his work situation best.

Teddy B Grand Master

Teddy B   17,252

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

We had an immigration lawyer tell us the same thing. My fiance had a 2 year, multiple entry, visa. We contacted an attorney to get advice in whether we should file K1 or K3. He scoffed and said, "Just marry on one of his visits and adjust status...as long as his intention was to visit it is not a crime to marry on a whim". We eventually decided to just file K1 because it suited his work situation best.

The lawyer was advising you to lie to immigration officials, that's never a good thing.

MacUK Proficient

MacUK   983

Posted
Filed: Other Country: United Kingdom
 Timeline
Posted

Sometimes I wonder why the US has rules when half the time they either will not or can not enforce them.

Or their own employees wilfully disregard them.

It's like a cop pulling you over for speeding and telling you what roads he doesn't patrol so go speed on them!

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Boiler Grand Master

Boiler   45,970

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

The VWP Express as it is often called would be recommended by most Lawyer, just not publicly.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,970

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Not sure what your point is.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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