Just Got Engaged - Want a Tourist Visa (No K-1)

[JohnR! 5,495]

Because it's much faster than the Visa route and it's a legal option made available to Veterans and their spouses.

1. She would like to visit to meet my family and see where I live before getting married

2. There is nothing illegal about asking for PiP for alien spouses as they arrive into the US (see my quote a few posts back.)

It seems you are mixing things up. PiP apply for those who are in the US and entered the country without inspection. If you wife lands in the US with a tourist visa, she will be inspected and therefore PiP won't apply.

You must also consider that entering the US with a tourist visa with the intention to stay is considered immigration fraud, so what you're proposing is not a good idea.

The idea of PiP is for those who are in the US and in trouble, and who have married US citizens, which is not the case of your fiancee.

I understand what you're trying to do but you're looking at some risky propositions.

If you're serious about marrying this person, consider applying for a K-1 visa and getting her here the legal way, so that she doesn't have to go through a potentially risky process in order to AOS.

Good luck whatever your decision.

[Boiler 45,541]

It seems you are mixing things up. PiP apply for those who are in the US and entered the country without inspection. If you wife lands in the US with a tourist visa, she will be inspected and therefore PiP won't apply.

You must also consider that entering the US with a tourist visa with the intention to stay is considered immigration fraud, so what you're proposing is not a good idea.

The idea of PiP is for those who are in the US and in trouble, and who have married US citizens, which is not the case of your fiancee.

I understand what you're trying to do but you're looking at some risky propositions.

If you're serious about marrying this person, consider applying for a K-1 visa and getting her here the legal way, so that she doesn't have to go through a potentially risky process in order to AOS.

Good luck whatever your decision.

The Tourist Visa is I think misleading and not relevant.

He is talking about Parole which is covered by Parole in Place for Military but is not 'in Place'.

[JohnR! 5,495]

Seems the OP is doing things backwards. This seems like the insurance commercial with the old ladies: That's not how it works...

The Tourist Visa is I think misleading and not relevant.

He is talking about Parole which is covered by Parole in Place for Military but is not 'in Place'.

[averageguy6 22]

Are people saying that there is an exception for veterans such that their spouses can enter the USA without a visa, but by obtaining parole without ever having entered in the first place?

Even if he has figured out some loophole in the law (which we are not sure about) who can say if the CBP agents will go for it?

It sounds really stressful and exhausting with an excellent chance she will get turned away.

The reason I made the comment about being turned away at the border with a tourist visa IF she tells the truth about her intent to marry a citizen in the future, is that I read a case where a Canadian with a student visa (returning to school legally with his visa) was turned away at the border when he started telling the officer about his intent to become a permanent resident through a family member in the future....the agent said something like, ok then, you are an impending immigrant and I cant let you in. Then the guy snuck in later and went back to school, and later needed a waiver to stay after marrying a USC. (due to the illegal entry I know).

I remember the case because they wrote a really bad waiver and it was denied, its posted as an example of a denied waiver on immigrate2us.

Edited August 17, 2014 by averageguy6

[Boiler 45,541]

Are people saying that there is an exception for veterans such that their spouses can enter the USA without a visa, but by obtaining parole without ever having entered in the first place?

Even if he has figured out some loophole in the law (which we are not sure about) who can say if the CBP agents will go for it?

It sounds really stressful and exhausting with an excellent chance she will get turned away.

Basically yes to your first question.

No loophole, that was the way it was written.

I have yet to come across a failed PiP and this is just a variant, probably reasonable to assume that it is not common.

I remember when DACA came out and the AP route was mentioned, several Lawyers said that surely they did not mean to leave this open, they have.

[RhettVoe 282]

The airline companies in the world will NOT board somebody who has zero travel documents, because the airline will be fined several thousand dollars...so PIP will not work because no airline will board her if she does not have a visa...and of course, getting a tourist visa will be challenging due to her American BF...(ex-military or not....does not matter...she still has to qualify for the visa....there are NO exceptions to section 214b...none....zero....zilch....nada....)

[Griffinco 1]

I think it goes like this, never seen this one before, all the cases I have come across involve spouses/parents who have entered without inspection. Now PiP means they do not have to leave, they do not trigger the ban and can adjust like anybody else who entered legally.

However you can of course be Paroled in rather than admitted. The common situation here is when somebody uses AP after having come in on a K1.

But there are other types of Parole, Humanitarian Parole for example.

As an aside I have seem many cases where people have obtained DACA, leave and come back on AP, and then simply adjust through marriage.

So after all that what he wants is for her to turn up at the Border and apply for Parole to enter the US. As has been pointed out that would be tricky flying as how would you get on a Plane in the first place.

But it seems quite possible to do this at a land border, assuming you can get to one, Mexico seems the most obvious but should work in Canada as well.

So to summarise:

Get married

Spouse gets to US border by whatever means available.

No need for Visa, requests to be Paroled in through PiP, I thought there was a small charge but minor anyway.

Applies to adjust status using the normal process.

Slightly trickier than flying direct but very time efficient overall. No need to wait a year for CR1/K3, lot quicker than K1.

That's my thought process, Boiler.

[RhettVoe 282]

what is wrong with doing things the right way?

[Boiler 45,541]

It is a new right way.

[kehills 217]

I'd strongly double-check that the guidelines include marriages that take place after leaving the service, as the 2013 pdf attached earlier in this thread is regarding marriages prior to separation from service.

Or, you know, go on with your bad self and make decisions that could earn your fiance/spouse a ban. Nice to know the military teaches such excellent decision-making skills.

[Boiler 45,541]

They expanded it last year? to include Vets.

[RhettVoe 282]

There are well defined processes to bring a fiancé or a spouse from another country.....shortcuts are for the irresponsible..

[Boiler 45,541]

Processes change, this is a new one.

[kehills 217]

Boiler-I knew they expanded it for veterans (a friend used it), but I was under the impression that it was for existing relationships, not new ones. If they expanded it for new relationships, okay. (I still think it's got a high chance of failure, since it's not being used for intended cases, and seems like it's coming very close to skirting VJ guidelines.)

[Boiler 45,541]

I have never seen any mention of new relationships.