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Filed: K-3 Visa Country: China
Timeline
Posted
Thanks mchina34 for bringing this up.

Thats what I though tI asked in my original post but according to The_dip_sticks they might disallow her entry into the US if she says she is married to a US citizen. I have gone through the visa waiver process (albeit on the other side of the Atlantic) and I cant remember them asking me anywhere if I was married or no.

Why would this option not be doable?

Why tell them? And when are they going to ask? Maybe I'm making an assumption....I don't know if it's the same for a UK to come to the US, but when I went to the UK I don't recall ever being asked if I was married to a UK citizen. I just bought a plane ticket and filled out why I was going to the UK on the customs papers all international flights have.

Customs probably has no way of verifying this at a port entry anyways (assuming she can come on a passport, not needing a visa). After she gets here, wait a while then fill out the petition and make sure she doesn't leave after you file the papers.

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Filed: K-3 Visa Country: China
Timeline
Posted
Thanks mchina34 for bringing this up.

Thats what I though tI asked in my original post but according to The_dip_sticks they might disallow her entry into the US if she says she is married to a US citizen. I have gone through the visa waiver process (albeit on the other side of the Atlantic) and I cant remember them asking me anywhere if I was married or no.

Why would this option not be doable?

Why tell them? And when are they going to ask? Maybe I'm making an assumption....I don't know if it's the same for a UK to come to the US, but when I went to the UK I don't recall ever being asked if I was married to a UK citizen. I just bought a plane ticket and filled out why I was going to the UK on the customs papers all international flights have.

Customs probably has no way of verifying this at a port entry anyways (assuming she can come on a passport, not needing a visa). After she gets here, wait a while then fill out the petition and make sure she doesn't leave after you file the papers.

I guess i can't edit the post...

addemndum:

Why tell them? And when are they going to ask? Maybe I'm making an assumption....I don't know if it's the same for a UK to come to the US, but when I went to the UK I don't recall ever being asked if I was married to a UK citizen, just that I was visitng the country. I just bought a plane ticket and filled out why I was going to the UK on the customs papers all international flights have.

Customs probably has no way of verifying this at a port entry anyways (assuming she can come on a passport, not needing a visa). After she gets here, wait a while then fill out the petition and make sure she doesn't leave after you file the papers.

Again, I don't know if she needs a visa to come to the US. If she does then of course that won't work. The other problem is that USCIS will know when her tourist visa was approved and will see the file date your petition AND the marriage certificate date from India. Not sure if they'll consider her lying just because she came on a tourist visa, and deny your petition though. I've read on various forums people have filed for their spouse while they were already in the US. Of course they probably din't already have a marriage license from another country.

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Filed: Other Timeline
Posted

if the marriage took place in another country, a spouse of a US citizen is not eligible to enter the US and then apply to adjust status. They'd be denied and sent back home in a heartbeat.

If that was allowed, why the hell would any of us here have gone thru all that #######? Or why would everyone still waiting, still be waiting? :huh:

Once you're married, you have to wait outside the country for a spousal visa approval, with possible short visits in the meantime for citizens of countries on the VWP. IF they let you in. There are no guarantees. Even Canadians have been denied entry until they get a K visa or CR1.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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

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