overstay is forgiven for a usc spouse (merged)

[jagoncillo77 0]

hi im from the philippines and i am currently holding a 10 yrs tourist multiple visa from the usa and im planning to travel to the usa on october. my question is can i marry a gay guy while in the usa ans returned to my home country and file for another visa ie spouse or partner visa something like that

[Cheezees 1,514]

Why not just apply for a K1 visa?

[jagoncillo77 0]

i already have a vistor visa with 10yrs and what i know about k1 visa is your fiancee will sponsor u to go ti the usa to marry him what if we are already married

[Cheezees 1,514]

The K1/fiance visa is the faster way to immigrate. It takes about 6 months. The spousal visa takes about a year.

[EM_Vandaveer 2,408]

If you are already married you file for a spousal visa, but from your first post you are not married yet.

In short, coming on a tourist visa to get married s fine, as long as you do not plan on staying, but will go back to the PI to wait out the process.

[jagoncillo77 0]

so what will be the best approach when i go to usa on october will i marry my fiancee and go back to my home country or just visit him in the usa and returnednto my home country and my fiancee will file the k1 visa so that i can returned to usa and marry him

[jagoncillo77 0]

in k1 visa does it still need for the fiancee and partnet living together for atleast one year

[Cheezees 1,514]

Click on "Guides" at the top of this page and read the requirements for the spousal visa versus the fiance visa. They will answer your questions and help you pick the better option for you. Good luck!

Edited July 4, 2016 by Cheezees

[Penguin_ie 5,996]

in k1 visa does it still need for the fiancee and partnet living together for atleast one year

Neither the fiance or spousal visa need that- but you need to have met in person within the last two years.

If you have met already in person, then filing the K1 fiance visa now would be the fastest way to be together permanently. You can still visit in October.

If an October wedding in the USA is important to you, then you can absolutely visit with your tourist visa, get married and return home, and perhaps visit again during the visa process if you have the finances. Beware that the spousal visa takes currently almost double the time of a fiance visa, and you can only file once you are married, so the timeline would be very different.

[LionessDeon 2,060]

http://www.visajourney.com/content/guides

http://www.visajourney.com/content/compare

[JayJayH 546]

hi im from the philippines and i am currently holding a 10 yrs tourist multiple visa from the usa and im planning to travel to the usa on october. my question is can i marry a gay guy while in the usa ans returned to my home country and file for another visa ie spouse or partner visa something like that

The short answer is "yes."

There is no law preventing you from marrying a U.S. citizen or LPR while on vacation in the U.S. The only thing you can't do legally is enter the U.S. as a tourist with intentions to stay in the U.S. If you visit the U.S. on a tourist visa, get married, go home and then file the I-130 for a CR-1 (spousal) visa, you're doing everything by the books. There is no such thing as a "partner visa." You do not need to have lived with your fiance/spouse to qualify for the K-1 or CR-1 visa.

The requirements for K-1 visa:

1. You are single (not married).

2. You have met your fiance in person at least once within the last two years.

3. You plan to marry your fiance in good faith within 90 days of arrival in the U.S.

The requirements for CR-1 visa:

1. You are legally married by U.S. federal law.

2. The marriage was not entered into for the sole purpose of obtaining an immigration benefit.

Note that:

1. K-1 fiance visa would be quicker - And 'safer.'

2. You may be denied entry into the U.S. if the CBP officer at the airport has reason to believe you won't leave the U.S. after your visit - For example, if the CBP believes you plan to get married in the U.S. and then file paperwork to adjust status while in the U.S. If you're getting married to a U.S. citizen while in the U.S. on vacation, the CBP will by default be inclined to wonder if you plan to leave.

Edited July 4, 2016 by JayJayH

[jagoncillo77 0]

what do you mean by "You have met your fiance in person at least once within the last two years." does it mean that we need to be living together within the last two years

[Cheezees 1,514]

what do you mean by "You have met your fiance in person at least once within the last two years." does it mean that we need to be living together within the last two years

Please read the guides as previously suggested multiple times. This question (and more) is answered in them.

[Penguin_ie 5,996]

No, it means having met. A few minutes in the same room is enough.

[bigjailerman 318]

Really I dont understand how people are advising to get married and then do a K1 visa. As far as I know that is a manipulation of the system and is fraudulent, isnt it

Edited July 5, 2016 by bigjailerman