K1 or K3? (merged)

[NAZAART 5]

We've been together at like least 2 years, we've been studying together for this 2 years in the same art college, both graduated from the same school. We meet each other in the first year of college and now we were here 2 years ago. Now she is moving to Florida and she wants me to move with her, but I'm not an American citizen like her, I'm from the Dominican Republic.

I have a tourist visa for 10 years, so I can go to visit her. I went to visit her in October and we talk about this subject. We were almost ready to submit the K1 but now we need to know what is best for us. Get married and go for the K3 or CR1... or go for the K1? I hope you can guide us for the best because we want to be together as soon as we can.

I have a tourist visa since 2010, i traveled a lot to the U.S. visiting my cousins and some more family i have there

Excuse me if I have a bad English I'm not writing too much in English because I use more my first language (Spanish)

[Penguin_ie 5,993]

***** Moving from K1 Fiance visa to "What Visa do I Need" forum *****

The K3 is obsolete, if you get married you would go for the CR-1 spousal visa.

That really depends on your personal circumstances. The K1 is faster, but it means you cannot work or travel once in the USA for several months.

The CR1 spousal visa is cheaper, and you can work and travel right away once you get it, but it takes over a year to get right now. The other positive with the spousal visa is you can get married in the Dominican Republic, so your friends and family can be there, where they may not be able to get tourist visas or not be able to afford to travel.

You can use your tourist visa to visit no matter which visa you get petitioned for, but you cannot use it to immigrate/ live in the USA.

The K3 is obsolete, if you get married you would go for the CR-1 spousal visa.

Edited November 11, 2016 by Penguin_ie

[NAZAART 5]

***** Moving from K1 Fiance visa to "What Visa do I Need" forum *****

The K3 is obsolete, if you get married you would go for the CR-1 spousal visa.

That really depends on your personal circumstances. The K1 is faster, but it means you cannot work or travel once in the USA for several months.

The CR1 spousal visa is cheaper, and you can work and travel right away once you get it, but it takes over a year to get right now. The other positive with the spousal visa is you can get married in the Dominican Republic, so your friends and family can be there, where they may not be able to get tourist visas or not be able to afford to travel.

You can use your tourist visa to visit no matter which visa you get petitioned for, but you cannot use it to immigrate/ live in the USA.

The K3 is obsolete, if you get married you would go for the CR-1 spousal visa.

Ok i understand so what do you recommend me to do?

Can i get married with her in the US and then return home? and after my wedding she can fill the adjustment of status while i'm in my country?

[NikLR 13,227]

Where are you right now? In the USA?

[NAZAART 5]

Where are you right now? In the USA?

Now i'm in DR, I'll go to USA in decemeber to be with her for christmas

[Penguin_ie 5,993]

Sure, you can get married in the USA while on the tourist visa, that is totally fine, as long as you don;t intend to stay.

Adjustment of Status is within the USA; since you will be filing from DR, you will need a visa, the CR-1 spousal visa to be exact.

[NAZAART 5]

I'm going to US in December to spend Christmas with my girlfriend, I'm going to propose her, but she doesn't know nothing, the thing is can I get married on my tourist visa and go back to my country or I can do the AOS and stay there?

What process is more faster? I wanted to know what to do, and I don't know if it's true, but some people said to me "You've been traveling since 2011 and you never stayed in the US so this is not your intention so you are good to do whatever you want"

Another question is: I've been traveling to the USsince 2011 in my 10 year tourist visa and an immigration lawyer said "you have a visa so whatever process you're going to do will be faster than other people that doesn't have a visa" is that true?

[JFH 12,190]

You can get married on your tourist visa and go home while you wait for the spousal visa to be processed. Takes about a year. You cannot enter as a tourist with the intention of staying. That's illegal.

There is only one process. Get married (either in your country, the USA or anywhere else of your choosing), go home and wait for the process to be completed.

The immigration lawyer is talking nonsense. The process takes the same amount of time whether you have never been to the US before or if you have been 100 times. Previous visits (or lack thereof) have no bearing on your timescale. I hope you are not paying that lawyer. You probably don't even need a lawyer.

Edited November 13, 2016 by JFH

[a_and_e 0]

Hello !

Getting married on a tourist visa is fine, but you have to go back to your home country.

Coming to the US on a non-immigrant visa (like a tourist visa) with the intention of staying is considered visa fraud and it can seriously affect your ability to travel and stay in the US.

The only situation in which it is OK to get married on a non-immigrant visa and file for AOS is when you came with the sincere intention of going back to your country and changed your mind WHILE in the US (if you come as a tourist, meet someone, fall in love, get married and decide to stay or if you decide to propose / get married while you are in the US for instance). Which is very difficult to prove and is not your case anyway.

When you enter the US next month and you are asked the purpose of your trip by the custom border officer, do not lie to them. Don't tell them that you are only staying for a few weeks when you actually want to stay.

The best way to go about it is either to get married, go back home and apply for an immigrant visa from there or to apply for a K-1 fiancé which allows you to get married in the US and file for AOS after the wedding.

Edited November 13, 2016 by a_and_e

[aaron2020 11,651]

It's immigration fraud to enter the US on a tourist visa with the intent to AOS. Tell CBP your plan and you will be on the next plane home at your expense.

You can get marry, but you would have to go back home. However, if CBP thinks you are going to marry and AOS, you may not get into the country even if your intention is to go home.

Having a tourist visa does not make it faster.