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Filed: Country: Austria
Timeline
Posted

My fiance is an Austrian citizen, and I am a U.S. citizen. In possession of a visa-waiver (passport) she plans to arrive here in the States on June 5 of this year. We will marry 5 days later, on the 10th of June. She will then return to Austria after about a month's stay here. We then will undergo the process of the K-3. Is it visa fraud to marry in such a situation (marrying 5 days after arrival in the U.S.)?

Posted
My fiance is an Austrian citizen, and I am a U.S. citizen. In possession of a visa-waiver (passport) she plans to arrive here in the States on June 5 of this year. We will marry 5 days later, on the 10th of June. She will then return to Austria after about a month's stay here. We then will undergo the process of the K-3. Is it visa fraud to marry in such a situation (marrying 5 days after arrival in the U.S.)?

mohbeaverhunter,

If your fiancé enters the US, gets married and returns to her home country before her visa expires, no.

Keep in mind, she will be asked at the POE (Port of Entry) her reason for visiting. She should have with her, strong ties to her home country (letter from employer, home-ownership/lease, etc) because there is always the risk of being turned away. Something you don't want to happen, especially since the wedding is days away.

Filed: Citizen (apr) Country: Germany
Timeline
Posted
My fiance is an Austrian citizen, and I am a U.S. citizen. In possession of a visa-waiver (passport) she plans to arrive here in the States on June 5 of this year. We will marry 5 days later, on the 10th of June. She will then return to Austria after about a month's stay here. We then will undergo the process of the K-3. Is it visa fraud to marry in such a situation (marrying 5 days after arrival in the U.S.)?

As long as she leaves the U.S. before the time set forth by the immigration officer at port of entry, she will be fine. The question of visa fraud would arise only if you filed for Adjustment of Status (to make her a permanent resident) after your marriage, while she is still in the country. (I got married under similar circumstances to my German wife, and there's never been a problem.)

My wife's USCIS journey:

I-130 (IR1) Timeline

03-26-07 -- I-130 sent to VSC

09-20-07 -- Permanent Resident

N-400 Timeline

09-20-10 -- N-400 sent to Dallas lockbox

09-24-10 -- Check cashed

09-27-10 -- NOA received

10-07-10 -- Biometrics letter rec'd (appointment for 10/19/2010)

10-15-10 -- Biometrics done (walk-in at Alexandria, VA facility)

10-23-10 -- Another Biometrics letter rec'd (1st fingerprint set unusable according to FBI; appointment for 11/19/2010)

10-25-10 -- 2nd Biometrics done (walk-in at Alexandria, VA facility)

10-26-10 -- Called FBI: Second fingerprint set okay

11-20-10 -- Yellow letter received

01-26-11 -- Interview letter received

03-01-11 -- Interview (Civics test passed, but "Decision cannot yet be made" -- Docs missing)

03-25-11 -- Oath letter received

04-18-11 -- Oath Ceremony -- USC

Filed: Country: United Kingdom
Timeline
Posted

Why do you need three threads for the same question?

You dilute the answers you get and it's bad messageboard etiquette.

http://www.visajourney.com/forums/index.ph...c=65013&hl=

http://www.visajourney.com/forums/index.ph...c=64989&hl=

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: Timeline
Posted
Why do you need three threads for the same question?

You dilute the answers you get and it's bad messageboard etiquette.

http://www.visajourney.com/forums/index.ph...c=65013&hl=

http://www.visajourney.com/forums/index.ph...c=64989&hl=

question...

You mentioned name checks in an earlier post.

Do they really add alot of time to the process?

Filed: Country: United Kingdom
Timeline
Posted
question...

You mentioned name checks in an earlier post.

Do they really add alot of time to the process?

Rather than take this thread off topic, you can post a follow up where we can have the question in context (ie, the thread where you saw the comment).

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Filed: K-3 Visa Country: Austria
Timeline
Posted

Tell your fiance I say hi! I'm Austrian too, though we got married here. :)

12/21/2006 - Married in Austria

I-130

02/13/07 I-130 mailed to TSC

02/16/07 I-130 received by TSC

02/21/07 Notice Date

02/23/07 touched

07/30/07 approved in 167 days

I-129F

03/10/07 I-129F mailed to Chicago

03/15/07 I-129F received by Chicago

03/20/07 Notice Date

04/05/07 Petition sent to CSC for processing

04/09/07 touched

04/14/07 Notice of Transfer in mail

04/26/07 touched (received Pending email)

04/27/07 touched

04/28/07 touched

07/30/07 approved in 142 days

08/31/07 touched

08/29/07 received Package 3 from Embassy in Vienna!

09/06/07 Packet 4 received

09/17/07 Medical

09/18/07 Interview date, K-3 Visa issued!

10/05/07 flying to the US!

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

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