Newbies to process

[nobodyknows 0]

Hi everyone,

My fiance and I are very much in love and would like to get married before the end of the year. She plans on coming out to the US sometime in October for the wedding. She comes from a Visa Waiver country (England), and after much reading through all your posts, we discovered that we can marry here and that there is a way that she does not have to return back to England after the wedding.

We looked through the guides, but couldn't find that answer there. Can anyone help us in this matter? How does the process work? What exactly is it called if it is different that the K1/K3 Visa Process? Does it involve a K3 Visa? Should she be prepared to go back to England before the 90 Day expiration? Any help in this matter would be helpful.

We had already started gathering all our proof documentation for a proper Visa so we just want to make sure we have all legal avenues covered so that we have no problems at all.

Thank you all for your invaluable information!

[Niels Bohr 72]

WELCOME TO VJ!!!

[raymaga 25]

What you are proposing is illegal.

It is not illegal to come to the U.S. to get married, but it is illegal to come to the U.S. with the intent of getting married and remaining in the U.S. to live permanently.

The process you are talking about is if a person comes to the U.S. to visit, and while in the U.S., decides spur of the moment, and without previous intent, to get married to a U.S. citizen. Then, that person can stay in the U.S. and apply for Adjustment of Status.

You would, however, have to prove at your AOS interview, that your fiance had no intent to come to the U.S. and marry you and remain in the U.S. permanently. If you are unable to convince the immigration officer that this was not the case, your fiance could be banned from the U.S. for a period of time.

You are better off to either pursue the K-1 (Fiance) Visa or the K-3 (Spousal) Visa and do it legally. In either case, your fiance would have to return to England to have her medical exam and interview.

With the K-1 Visa, after approval, your fiance enters the U.S., you must marry in the U.S. within 90 days, and then apply for AOS.

Edited March 22, 2007 by raymaga

[nobodyknows 0]

Thank you so much for your explanation, as we did not know about this before. We will take the K1 Visa route then.

Thanks again!